dla appeal

[Jogon]

I wrote quite a lengthy post on this in the disabilities section, but in any case.

 

In a nutshell, was initially awarded lo rate care, lo rate mobility, asked them to look at it again and they awarded hi rate mobility and kept the care rate at lo rate...due to illness complications the care issue had taken on more prominence due to surgery and various complications and when they gave their decision on the lo rate care we asked for a reconsideration, this they duly did keeping the care at the lo rate and reducing the mobility back to lo rate. Because the decision had been again changed we were able to ask for a further reconsideration or go to appeal.

 

Given that it had taken them over 7 months to give their latest decision and that they dropped the mobility down to lo rate again we decided after advice to go for an appeal, they are supposed to reconsider it again anyway are they not?

 

We sent off a letter of appeal recorded delivery and we went to some length to explain why we wanted to appeal and why we thought their decision was incorrect. They had ignored several consultant letters, our own gp's comments and the comments of their own appointed doctor who came out to visit us of which all were favourable but instead based their decision to reduce mobility on the opinion of a junior consultant who has not had sight of the patient and who commented because his particular consultant/boss was on leave. The information he supplied was so incorrect it was unreal. At the same time as this they asked one of their on inhouse medical advisors to comment on what the junior consultant had said and they more or less agreed with them.

 

We of course took exception to their comments and by way of our appeal we sent in information that put these two decisions to shame and provided references from the internet and from 5 other different expert reports contained within their decisions (we applied for all the information they had based their decision upon)

 

We also provided a further report from adult social care and requested that they perhaps consider writing again to the patients own gp for a update.

 

The information from the junior consultant was so factually incorrect it was painful to read.

 

This was six weeks ago, it was delivered 3 days after we sent it. We have had no acknowledgement that they've received it, they have not as yet written to our local gp and we have not heard regarding an appeal date. Is this standard procedure?

[shamen]

from what i hear that is standard procedure. It seems the DLA payments are going through a government mandated 'change' (read: f**k as many people over as you can to save us cash). This includes getting in doctors who overrule your own local GP/social worker reports based on key words.

 

the standard advice from people that i know right now is whatever you are awarded, dont fight it, especially if it contains the word 'high' anywhere - you will get less as the 'appeals' people are more ruthless then the initial assessment people. something is rotten somewhere and it will blow up this year (hopefully before the election, but im guessing its being buried for now), until then we all have to deal with it.

 

My sources: 2 kids on high rate care, low rate mobility. Wife on low rate care, hight rate mobility (care allowance reduced on appeal). Mother in law working full time for age concern who now has 100% of her time working on DLA appeals for people who cant even get out of bed and live in their own **** for several hours per day - instead of her being a 'benefits advisor'. Sister with multiple sclerosis for over 15 years now also fighting DLA/ESA who think she can work (even though she cant see out of one eye, let alone do her housework, cook herself meals or ever walk more than 2 ft.) and a mother who is so manic depressive for the last 20 years she has the crisis team visit her every night just to make sure she hasnt topped herself (who the ESA people have said is fit to work as well).

Edited April 1, 2010 by shamen

[shamen]

P.S. send everything special delivery. Yes its £5 a time, and thats a lot, but nowerdays it seems the DLA people 'lose' recorded delivery letters as much as they take a c**p. send it regular post and you havent a hope in hell. recorded delivery just means it got in the door, but it can get 'lost' easlity after that. special delivery means a person accepted it and took responsibility for that letter, ensuring it will get to the right person. A load of crap, i know - it certainly doesn't work the other way around (if they send you something second class post, you received it in their books, regardless of if you didnt get it).

 

I look at this to mean either one of two things - they have so many appeals they cannot cope, or they are intentionally ignoring things that do not come special delivery.

Edited April 1, 2010 by shamen
changed loose to lose

[honeybee13]

Hello there, sorry to hear of your problems.

 

This story arrives on the forum more or less daily and many of us have been there or are going through the same as you, so you'll have plenty of support. If I understand rightly, you've appealed the decision to a DWP Decision Maker and been declined. And now you're waiting for the tribunal date? Have the DWP sent you the Appeal pack yet?

 

People on the forum are waiting months and months for their tribunals, the service being overwhelmed by the problems Shamen outlines so pithily.

 

Please post any other questions you have.

 

HB

[Jogon]

Ok, bit of an update, not sure what they've done or why they've requested, is it good or bad?

 

Been through the motions, (see first post in this thread) and sent them a letter appealing, that was a month or so ago and heard nothing until today when we get a letter from the Medical Services saying that the DWP have contacted them with a view to another appointment to assist them in deciding entitlement fot DLA (this will be the second one in 10 months)

 

Given that we've sent them an appeal notice along with our reasons for wanting the appeal then is this the norm for the DWP to send out an Approved Health Care Professional before even getting an appeal date?

 

Also, are these AHCP's as good as a Dr? I seem to remember in the DWP's contraversial decision and how they reached it that an AHCP had commented that things were fine and that certain elememts of the disability were not related...which was altogether incorrect and in the appeal we sent ireffutable evidence to contradict that persons 'opinion'

 

Just a little concerned as to why we've now got another home examination as in is it good or bad? We don't have a problem with them visiting it's just that we want to know why and also if they're suitable qualified to arrive at an informed opinion?

[Jogon]

Anyone?

[Jogon]

Am I asking a question that is outside of the box or something?

[Jogon]

Jeez, what does it take to get an answer to what is I think a straight forward enough question? This is ridiculous, 5 days and no reply.

[honeybee13]

Hello. I may speak for a few people when I say that I'm not sure what your query is.

 

You might need to bear in mind that this website is manned by volunteers who will do their best to help you, if they understand what you're asking.

 

Can you express what you want to know any more simply, please?

 

HB