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Deb T

The foibles of applying for DLA

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After much agonizing we have made a claim for DLA, I have some problems, am currently under consultant for physical problems and have

other ongoing issues all of which I am receiving treatment in one way or another for. I attend all treatment/appointments etc.

 

Made the applications...

 

A few weeks later and it was back and had been refused on both the Mobility part and the care component.

 

Asked for them to take another look and they quoted 10 or 11 weeks.

 

Nothing heard for 8 weeks then a letter telling me they were asking a doc to take a look and who would be visiting me at my home. Not happy about that but recognised that it is probably a neccessity.

 

Doc stated when leaving that he considered (off the record) that I needed help, it was 'obvious'

 

But it appears I've again been refused.

 

They have not written to my Gp, they have not written to my consultant, they have not written to two other specialists...

 

I am unable to walk very well, I have one particular physical disability that is easily seen, cannot be hidden and is permanent and restricts movement of one of my limbs by 60% (and this is not including a current and not related physical impediment of which surgery is scheduled for...

 

I am at a loss as to why they have refused, I have complied with everyu request, my own GP, the appointed GP and two different consultants plus a specialist have stated that they do not consider me as fit enough to look after myself all of the time (some domestic tasks and personal health tasks are simply beyond me and I've always needed help to perform them etc.....

 

So, is asking them to take another look actually an appeal or do I have to appeal both the initial decision and the 'take another look' decision?

 

How long is it after a refusal before I can make the claim again?

 

I'm not sure as to their reasons but am led to believe that they are under instructions to limit new claims of the type I am making to only the most in need because of budget....seems odd but feasible I guess.


I reside in Dawlish Warren but am not a rabbit.

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What you have had on your claim is a "reconsideration". This is when someone looks at the decision again and reconsiders it. An appeal is a seperate process which goes via the tribunals service. You can complete a leaflet called a GL24, and send it to the DLA office which dealt with your claim. You should so this within 1 calender month of the decision of reconsideration.

 

You can get a GL24 from your local jobcentre.

 

I have attached a link to one that you can print, if you have a printer: http://www.dwp.gov.uk/docs/gl24dwp.pdf


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.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Thank you for that...I've downloaded that link..

 

Do you know also,

If an award is made and you're not satisfied with the award and think it should be a higher tier...does that also form part of an appeal and if so do you run the risk as with some legal appeals of having any decision made struck out? (I ask this for a query a friend of my fathers)

 

Also, how long is an award valid for? are there different time limits etc?

 

and what level of mobility do you need to be able to apply for a blue badge (same question for the above)

 

As for me, I'm just at a loss as to how when they have been presented with evidence but not taken up on the people able to supply it as in the health professionals can they then refuse to make an award?


I reside in Dawlish Warren but am not a rabbit.

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If you go to appeal, then the decision of the panel is binding and DWP have to obey it. But if you don't get what you thought you should have had, you can take it to the commissioner.

 

An award may be given for a set length of time, or for life, it depends on many factors, whether your needs are likely to change in the future etc...

 

To get the blue badge, you must be in receit of the high rate of the mobility component. BUT if you don't have that, you can still apply separately to your council, and they have to assess you whether you get the high mobility or not. There's been a fair bit of noise recently and councils have been reminded that they must not say no to a BB simply because the applicant doesn't get high mobility, so it is worth pursuing anyway (separately from any application for DLA, this is with your council).

 

Don't let their refusal surprise you, the DLA statistics are truly awful, something like 2/3 of claims gets turned down on application, but of those who do take it to appeal, a large amount go on to have the decision overturned. There is no doubt that the drive is a financial one to reject as many applications as possible... :-(

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need nt put anything on here now erika is dealing with it

your in good hands


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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appeal to tribunal 90% will win there case,dont give in now u have done the hard work(filling the ****ty form out out) carry on sounds like you need this money not just for the money but you do sound like you have ongoing probs...dont gve in now otherwise they have won...

my fiance got turned down 3 times and he has ms and mobility and care are very high demand with him,the doc who came to my house to do a report was lovely he really did understaqnd what a state we wer in...and when he left he said to me "get yourselfs out of this flat it is horrible place to live" so had a feeling he was on our side and a week later a nioce payment went into the bank and my fiance had won the dla

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Deb, I would strongly suggest you enlist the assistance of welfare rights with your appeal. You can find a welfare rights worker through your local council office - they are a free service and are usually highly experienced at fighting on people's behalfs at appeals.

 

Make sure you also request an oral appeal. This gives you the chance to get your points across, rather than a paper appeal where they cannot see the person and cannot ask questions face to face. Oral appeals are generally more successful than paper appeals.


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.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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We're still waiting to hear back about my partner's application. She's profoundly deaf in both ears, has been since birth, but according to ATOS, she isn't so they stopped her DLA!


Be good to yourself, when nobody else will

[sIGPIC][/sIGPIC]

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Yup lots of physical problems....I've buried my head in the sand for so many years over so many things and now that my head is well and truly out the problems seem to be so much more and at times without seemingly any justification. Having said that I am beginning to feel like fighting my corner these days, the system is so obviously stacked against you that you either sink or swim..

 

I will appeal and I will take request the Oral appeal..thank you thus far...


I reside in Dawlish Warren but am not a rabbit.

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need nt put anything on here now erika is dealing with it

your in good hands

 

Patrick that is a lovely thing to say....thank you :)

 

Your own input to these boards is helpful as well.


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.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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my input just lately has been sadly lacking due to illness....

and most of my input has been slightly on the vexhatious end more against the lies and unhelpfullness of most of these departments who truthfully do not reilise that what they are doing is not just a job it should be a vocation where they can make a difference and really help people....

but they missed out the help part and have become obstructive in their way of doing things now it must be a case of social climbers they think its fun to deny claims now...

patrickq1

rant over lol

but i would remind ALL CLAIMANTS TO ASK FOR A FULL AND COMPLETE AUDIT TRAIL of all data under the FOI this way you are making them work and also highlighting any mistakes and anomilies that do crop up


http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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