Help with complaint - advice needed DLA Refusal blantant lies in letter and over phone.

[Redordeaduk2011]

Hello all

 

Sorry to bother you guys and gals again but having been really ill I am now really anoyed.

 

The back story:

 

In 2006 I became ill, I was told many times that it was all in my head and that I would soon become better.

 

In 2008/2009 I applied for DLA as my conditions had not improved and I had been told I had Hypermobility a permenant condition, Pelvic Girdle Pain a permenant condition, and Cronic Pain Syndrome.

 

They sent for a letter from my consultant in April 2009.

 

In July 2009 my third and final child was born and we were rushed into hospital as she (the doctors believe) has caught swine flu - this was on the 14th July.

 

On the 16th July 2009 the rejection letter arrived stating that my consultant had said my condition would not last more than six months and therefore I did not qualify.

 

With my daughter being ill I filed the letter to deal with later. We were back a forth to hospital for about a week and a bit. I was then really depressed and suffering and about a month after the letter arrived I felt able to deal with it so I called the helpdesk to get the details I needed mainly the letter from the consultant. The helpdesk informed me that they didn't need to provide the letter and on top of that I was out of time and couldn't appeal anyway.

 

Given my mental health and the amount of pain I was in and the fact that I was out of time I did not appeal.

 

 

In June/July this year I spoke to a consultant and we discussed the fact that I had become slightly worse and that my condition was still continuing but that I now had fibromialgia and depression. I mentioned that I wasn't happy as the consultation had stated catergorically that I would be better within six months and now here I was two years later in a worse possition. The consultant checked the letter from 2009 and confirmed that it stated that they had hope for an improvement in my condition within six months, not that my condition would only last six months.

 

I wrote a complaint to the DWP in August 2011, and a week ago I received a telephone call stating that my records had been destroyed a few months ago.

 

I have written off for the consultant's letter from 2009 and I am searching (well my husband bless him is dragging down the boxes from the attic with all our paperwork in so I can look) for the letter from the DWP refusing my claim because I will have kept it.

 

My main questions are:

 

If I find those two items do you think they will really look into my complaint?

Do you think that I can have them review it?

I've just had an Atos medical because I also submitted a new claim as I was sure something would go wrong with the complaint so if I get awarded do you think I can ask them to back date it?

Given the mis-information and outright lie can I ask fo rcompensation - I don't really want this but if they refuse to backdate the claim should I ask for that instead?

 

Any advice gratefully received.

 

Redx

[Conniff]

If they have indeed destroyed all your records, then there is nothing to review and you should make a new application.

 

Also if you are going to use the telephone to contact them, then make sure you record all the calls so they can't be denied later, else use a letter.

[Redordeaduk2011]

Hello Conniff,

 

Thank's for your reply, as I said above, I did re-apply at the same time I put in the complaint, I had the Atos medical using form DLA-140 yesterday. My question was more along the lines of, if I can provide the letter from the DWP and the consultant's letter which don't say the same thing could I ask for the DLA to be backdated as they lied in the letter and when I called they lied with the information they provided?

 

They have already confirmed that they would review the case should I provide the information, in the form of the letter from the first consultant - which should be with me next week - and the letter from the DWP refusing because my condition will not last longer than six months which is boxed upstairs due to renovations and adaptations being completed on the house I live in.

 

Thanks for any help you can give

 

Redx

[taraquin]

There are two parts to your problem as I see it.

1. The previous claim

2. the new claim

 

You are well out of date with the first. There is an absolute period of 13 months in which you can ask for a late appeal to be accepted. You can complain but that would be as a matter of principle only.

As regards your new claim, it will not be backdated to beyond the date you claimed. It certainly would not go back to 2009!

 

I do hope you are not intending using any evidence from as far back as 2009? The max they would accept would be 12 months old, and the most important report you could obtain is from your GP. He/she would have to certify that you have the needs you quote, AND nothing about your illness.

 

eg, he would have to confirm that you need help to wash, go to the toilet, dress etc and for mobility that you cannot walk any further than 50 metres in a slow and difficult manner.

 

The more the GP loads the report with that sort of info the better.

 

I lost my DLA 7 years ago and didn't appeal due to illness. I reclaimed this year only on what I was like now. It took two goes at getting a decent GP report. I had to write everything down for the GP telling as it is. The GP then called me in and we went through the report form together.

Mine wasn't backdated - it was my fault for not appealing in time.

[Redordeaduk2011]

Hello Taraquin

 

Thanks for your information, my GP refused to complete the report which is why I had an Atos medical. I used my current situation, but my current situation is not that worse then it was in 2009 or even 2006 when the condition started.

 

I am not asking the dwp to allow an appeal I am asking them to explain why they lied when they refused the dla in 2009. I suppose I'll have to wait but was just wondering if there was anyone out there who has been through the same situation of a blatant lie being the reason why the dla was refused.

 

My form back then was the same as now and I know that back then my gp refused to complete a form the same as this time. he refuses to do them for anyone lol.

 

I don't expect it to be back dated to 2009 however I do want a full and frank explanation as to why it was refused the way it was.

 

Redx

[Nystagmite]

Can you get another GP to fill it in for you?

[Redordeaduk2011]

Nope none of them at the surgury will do any claims for dwp, say it's not part of their job lol, not that I'm worried because I've had the atos assessment and they already know I'm willing to go to tribunal with it, because I told them in the complaint form. They have linked the complaint to the ongoing case so fingers crossed I'll get somewhere this time round lol.

 

it would be so much easier if the gp would tho.