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Refused DLA again Help please.


nicurro
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Hi , i recently re-applied for DLA care & mobility parts but again this has been turned down.

I currently recieve the Lower rate of Care but my condition has worsened and i am now awaiting a Spinal Fusion operation.

I explained fully all the symptoms on my claim form but the response i received looked as though they took no notice of this information.

They wrote to my Consultant who i have only seen once this year as i usually get seen by his assistant and i fear that he may be unaware of the problems i have with mobillity especially.

My GP says he will support me fully in the claim but the DWP wrote to the consultant instead.

I have successfully managed to get a Blue Badge & a Disabled persons bus pass but both these applications were completed by my GP & not the consultant.

I have been off work for 8 months also because of my problem and this is making life difficult.

Would it help to tell the DWP that i have a Blue Badge & bus pass as i have asked them to reconsider the claim again , i have informed them of my pending operation.

 

Also , i rang them to see how the claim was progressing before the decission was made and they said that they had just received the report from the Consultant and the decision would be sometime after Christmas , then out of the blue o received two letters in the week upto Christmas , one saying they are sorry that they hadn't made a decision yet and one to say that i am still entitles to the lower rate.

Just wondered if they were rushing them through to clear as many as possible before Christmas.

 

Any advice gratefully received,

 

Nicurro

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How long is a piece of string eh?

Ok so far so good, yes I would write explaining that you now have a blue badge.

DLA at the higher rates are very dependent on assistance to do things not so much with ability not to do something yourself if that helps?

I have middle rate DLA because i cannot wipe my bum [for example], i would get higher rate DLA if i had to have somebody to watch over me at night to make sure I don't **** the bed who wold also have to wipe my bum afterwards.

I get Mobility allowance because my knees and hips are riddled with arthritis not because i need my bum wiped

Ok?

Blue badge indicates that you cannot walk further than 50metres, DLA Mobility allowance indicates you cannot walk or can only walk a very short distance at a very slow speed [usually no further than 10metres taking 10 mins to walk that far]

I would write to the DLA [by recorded delivery ] asking them to write to your GP who has more the relevant and up to date records of your condition? The DLA team are obliged to seek the most relevant information of your condition and a consultant who rarely sees you is hardly that aware. Explain that you normally never see your consultant and the last time you did was on one occasion [provide date or state that you did not see him] in a given 12 month period.

If they still refuse to play ball appeal

 

 

PS the DWP never never never rush anything

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  • 1 month later...

I had the same problem I was on low rate care for a few years then was told I had Arthritis, when my renewal came up I put about it all on the form and got refused, so I appealed. I didnt put my consultant on as I hadnt really seen one enough. When they first looked at my claim they didnt even write to my GP, when I appealed they did and then I was awarded middle rate care and mobility at the higher rate. If I was you would do what Roblynmouth said and if they still knock you back keep appealing as eventually it will go to a tribunal. My neighbour had to do that and in the end she was successful.

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  • 2 weeks later...
I would write to the DLA [by recorded delivery ] asking them to write to your GP who has more the relevant and up to date records of your condition? The DLA team are obliged to seek the most relevant information of your condition

 

It's up to them who they contact for the best information.

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  • 3 weeks later...

Hi all , i recently had my Atos medical for ESA and surprisingly i passed first time , not that i shouldn't have passed but i had heard of alot of people being given 0 points when they should get them.

 

I am also awaiting for DLA to look at my claim again nd they will either give me the alowance or will ask me to go to Tribunal hearing.

Do Atos share the medical report for ESA with the DLA people ?

How do i get a copy of my medical report ?

Will the fact tht i passed the medical help with the DLA appeal?

 

DLA for some reason just keep refusing my claim and the reasons given for this make it look like they don't even read the claim form i send in or use the extra information i have told them over the phone.

Does anybody else feel that this is the case ?

 

Thanks

 

Nicurro

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I'm sure there's a tick box on the DLA form asking if you've had a medical assessment for any other disability / sickness benefits. I do know of cases where the ESA report has been used for DLA - yet, the criteria for both is different.

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A while after I first failed my ESA test I had a industrial injuries exam and the results were totally different.

I was awarded Industrial injuries as 30% disabled yet the ESA exam said I was totally fit.

When I complained, the DWP said that the two exams were different and wouldnt take it into account.

The two exams were by the same doctor too.

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I can understand certain differences in medicals.

EG one is about a certain job you might not be able to do any more, but that doesn't always mean you can't do any job.

 

The trouble how I see it, is in that case a person can be fit for certain work, but has little chance of getting that work.

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The main difference is that during your ESA medical you are asked questions while the doctor fills in your answers on the computer.

The medical exam did not differ much.

During the Industrial injuries interview the doctor writes down your answers and then you get to read it and sign at the end to say you agree with what is written.

If this happened at the end of the ESA exam then there would not be so many appeals.

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I'm sure there's a tick box on the DLA form asking if you've had a medical assessment for any other disability / sickness benefits. I do know of cases where the ESA report has been used for DLA - yet, the criteria for both is different.

 

Do you or have you worked for the DWP?

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