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Refused DLA please help me


Helen2264
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The DLA will argue that the medical report for ESA contains "clinical findings" that are relevant to DLA and may also refer to the description of a "typical day" recorded as part of the ESA assessment. It may be helpful to you to ask the DWP for a copy of the ESA medical report. You can then go through it and highlight the errors and/or omissions as part of your appeal. I heard of someone who took the ESA medical to their GP and asked them to comment on it and that helped their appeal but given how busy GP's are your's may not have the time to do something in such detail.

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I agree, Paul. When I appealed against the decision on my IB, we did exactly that with the Atos assessment. I'm guessing the computer-based questionnaire didn't have all the boxes that matched my answers, so some of the answers were wrong. The report even contradicted itself on two different pages.

 

When we went to the tribunal, we didn't need anything from my GP, because the panel took my word for what my problems were.

 

Don't give up, Helen, we won and you can.

Illegitimi non carborundum

 

 

 

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Hi Helen. It is the DWP who make the decision based on the information provided by ATOS. The lady you seen if not a Doctor, should have been a nurse. For benefits purposes any medical carried out by ATOS must be carried out by someone registered with the GMC or the NMC. See here. You can ask for her name and check the registers to ensure she is listed.

 

Thank you very much Erika for your reply The lady I saw on my ESA medical was neither a nurse nor a doctor she just gave me her christian name which I cannot remember she said to me there's only me no doctor and yet my letter said i would be seen by a medical examiner my esa medical was last year june 2009 i never appeal against it as i was not well nor had the strength to so i didn't bother I will of course bring that to legal aid and make them investigate further.

 

i am so tired and stressed out with it all but will gather my strength for war those people just cannot treat people like animal.

 

Thanks very much for the link i won't be able to check her name as i cannot remember it but good job i have the time and date of my esa medical from last year the dla happened to state the date down they've put their foot in it now:-D

 

take care

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  • 2 weeks later...

Hi All,

 

As mentioned I was refused dla recently I received two letters two weeks ago one dated the 22nd of February saying that they have received my dla form and are looking at my claim the second dated 24th february the date written in black ink and was signed by a person saying I am not entitled because

 

1. The Form

2. The health professional who examined you say you were fit for work

 

Yesterday I received another letter dated 24th february again telling me I am not entitled to dla this time round it's because

 

1. The information of your claim pack

2. Further information from the person you named on the claim pack

 

This letter is computer generated no name or anyone signed the letter.

 

LOL the two people I mentioned on my claim pack are one is the person that help me with my care needs and second is my lovely GP.

 

I smell something very fishy the way the dwp is acting why send me another letter with different refusals?

 

Has anyone else receive two different letters? I shall take both letters to the legal aid and see what happens the more the dwp behave in this manner the more I feel I have a chance to get dla.

 

shall let you guys know futher.

 

 

be well

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  • 6 months later...

Hello All,

 

I am somewhat confused why when I applied for dla they failed me and disagree with everything I filled in only then to constantly sending letter if I wish to appeal yesterday yet I received another letter asking me for my final decision if I wish to appeal what is the point when they will only fail you I have been failed twice I shan't bother with dla because it will only make me worst off I know I haven't replied when they sent the failed letter I would think they will leave it at that but so far since March this year they've kept reminding me about the appeal. I.ve just had an IB Medical haven't heard anything yet but of course I know I will failed that too just waiting for the letter I shall appeal because of the big panic attack I had during the medical which the guy had to calm me down so at least I have something to go by as they have seen proof anyway will let you all know what's the outcome.

 

Be well all

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Hi All,

 

Just to let everyone knows the result of my recent Medical letter arrived today I just cannot belive it I've been awarded 15 points and I do not need to be sending no medical certificates or looking for work I wonder if it's because the big panic attacks I had during my medical but still to be granted just like that I've had to keep reading the letter and get my boys to read it for me because I feel I am going mad and it's just a dream.

 

I just want to let others know there is hope and you can past your medical first time round without any fight.

 

Be well all

 

 

helen :whoo:

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There you go! Another one here who has passed first time. Let's hope these sucesses continue where the sick are recognised as sick and get the help and support needed.

 

I'm pleased for you Helen, one less thing for you to worry about for a while.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

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Hi Cat, Maz and Erica,

 

Thanks all for sharing this joy but I am still a bit unsure hopefully by tomorrow I'll believe it's all true I had so much negatives and failed my dla you know everything you write down on the form they denied and then this it's hard to take. Ironically this will give me a breather to get better and able to go back to work in the near future which I hope to do. I sent my CVs to various agencies and had six interviews in two weeks but of course with my illnesses I cannot go out yet but there is hope for me with regards to go back to work and my age don’t seems to be a problem because that was another obstacle I thought I had to deal with and was worried.

 

Cat my next review date is middle of March 2011 and if I am going to have another medical similar to the recent one I’m sure to have the same panic attacks but for now I shall enjoy the six month breather and try to sort out my illnesses it took me a week to recover from the recent medical.

 

Be well all take care :)

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Hi Helen

 

I know what you mean the medical takes so much out of you.

We have a breather of six months and lets hope we are maybe in a position to work before the next medical.

Well done for sending your cv out.

I had my HR dept come to see me the other day and they are referring me to Occupational Health again.

So we will see what happens.

Best wishes.

Catkin

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Hi Helen

 

I know what you mean the medical takes so much out of you.

We have a breather of six months and lets hope we are maybe in a position to work before the next medical.

Well done for sending your cv out.

I had my HR dept come to see me the other day and they are referring me to Occupational Health again.

So we will see what happens.

Best wishes.

Catkin

 

Thanks Cat is your next medical in March 2011 same as me? My doctor has referred me to different Counsellings but with panic attacks I could never follow them. It was easy to send the CVs because I was sending them online from home one of them I had an interview for the next day one minute I was happy because I had an interview the next I was distraught because of my illness it's so frustrating. I told the Medical Professional about my career and that I wish to go back to work in the near future but for now I have to conquer my phobias and panic attacks. You mentioned about asking for my Medical report from the DWP would that be for the recent Medical I had sorry to sound silly but I am not sure if that's the one you are talking about? I had a Medical earlier this year for dla which I failed anyway would the report show what they've written about my recent Medical because I would like to see what the Medical Professional wrote for me to get the 15 points? it's not an amount of points everyone gets is it.

 

Be well :)

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Hi Helen

 

Yes i meant ask for a copy of the most recent medical report.

Write to the DWP at the address shown on the letter that says you have passed.

Did your letter state the amount of points you had scored?

Mine didn't.

Best wishes.

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Hi Helen

 

Yes i meant ask for a copy of the most recent medical report.

Write to the DWP at the address shown on the letter that says you have passed.

Did your letter state the amount of points you had scored?

Mine didn't.

Best wishes.

 

Thanks Cat will do that to be honest I cannot make out the letter my family has read it for me and told me that's what they are saying I've had a nasty virus last week and had migraines for three days which hasn't gone yet I've barely study the letter properly myself to make sense of anything yet. They've stated the 15 points on two counts one just for physical disability and the other for both mental and physical disability I come under the mental and physical disability.

 

I suppose I will get more letters from the dwp because at the moment I am on IS under ill health I am not sure what's going to happen now I shall wait and see. I am afraid the dwp don't make anything easy.

 

Be well

 

helen

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