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disability nightmare


beefy123
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hi, i'm new to this so please treat me gently, i'm 28 and i need some advice about a dla claim i have made, i was awarded higher rate mobility and middle rate care for 3 years and on my renewal in december they have stopped my award completely as they do not believe that i am disabled anymore!! i fell and injured my right knee which in turn shattered my kneecap into 4 pieces and dislocated my kneecap, i was then operated on and had a lateral release done before my kneecap could be repaired, anyway since then i have had 5 operations to my knee and still remain walking using 2 crutches, 460 pain killers a month and nothing much else, surgeon said i have degenerative arthritis and i need a knee replacement but i am too young to have one as it will wear out too quick. anyway left in this situation, haven't seen my surgeon in neraly 12 months as the appointment letters weren't arriving at my address, the royal mail then brought a bundle of post that they had found dumped by my postman only they were 7 months old!! during this time the hospital struck me off the surgeons list and i needed a referral of my gp again to get another appointment, this was done and i chased the letter around until the hospuital contacted me and told me that the referral had been lost by the health board and i would need to get another off the doctor, this is cross county health service for you, anyway dwp requested report of my gp because i didn't have a recent report off my surgeon, he replied with very poor and unsubstantional answers and left 50% of the form blank, he didn't even fill out the medication part of the form they then stopped my benefit due to this have requested a dwp doctor for 5 weeks now to be told no there is no reason to see one of them, it also took since 21st december for me to get a copy of the gp report off the dwp as they didn't want to supply one to me it seems! any help PLEASE PLEASE thanks sorry for the length of my post

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You will need to appeal against the decision to stop your DLA. You have one month from the date of decision to submit an appeal. As this has now passed, you will need to submit a 'late appeal'. You have thirteen months from the date of the decision to sumbit a late appeal. You will need to give reasons why your appeal is late. If the DWP do not accept those reasons, they can't refuse your appeal - they must refer it to the tribunal service. Only the tribunal service can decide whether or not to accept a late appeal.

 

One of the things I noticed in your post is that you talk about your condition, medication and the need for surgery but you do not mention how your condition affects your day to day life.

 

DLA is not awarded on the basis of the diagnosis itself or the medication itself. It is awarded on the basis of the need for help with personal care and mobility problems. When you submit your appeal, it's very important to describe in detail how your condition affects your ability to mobilise (being on crutches isn't enough, explain how far you can walk with aids and without aids, how far you can walk before you experience discomfort etc). Explain what help you need from another person in your day to day life. 'Help' doesn't have to be direct help, such as someone washing you. It can be someone supporting you, someone reminding you to take your medication if you are forgetful, someone administering your medication, someone to watch over you to prevent you coming to harm. Explain the effects of any medications you take for your condition also, and what if any other treatements you have and how often.

 

Gather as much supporting evidence as you can if you have other professionals helping you. For example, if you have physiotherapy, ask your physiotherapist to write a letter of support (be aware however that they are not obligated to do this and can refuse). You can also submit statements from non professionals such as a family member who helps to care for you.

 

An advisory agency such as CAB can help you with the appeal.

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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hi, i'm new to this so please treat me gently, i'm 28 and i need some advice about a dla claim i have made, i was awarded higher rate mobility and middle rate care for 3 years and on my renewal in december they have stopped my award completely as they do not believe that i am disabled anymore!! i fell and injured my right knee which in turn shattered my kneecap into 4 pieces and dislocated my kneecap, i was then operated on and had a lateral release done before my kneecap could be repaired, anyway since then i have had 5 operations to my knee and still remain walking using 2 crutches, 460 pain killers a month and nothing much else, surgeon said i have degenerative arthritis and i need a knee replacement but i am too young to have one as it will wear out too quick. anyway left in this situation, haven't seen my surgeon in neraly 12 months as the appointment letters weren't arriving at my address, the royal mail then brought a bundle of post that they had found dumped by my postman only they were 7 months old!! during this time the hospital struck me off the surgeons list and i needed a referral of my gp again to get another appointment, this was done and i chased the letter around until the hospuital contacted me and told me that the referral had been lost by the health board and i would need to get another off the doctor, this is cross county health service for you, anyway dwp requested report of my gp because i didn't have a recent report off my surgeon, he replied with very poor and unsubstantional answers and left 50% of the form blank, he didn't even fill out the medication part of the form they then stopped my benefit due to this have requested a dwp doctor for 5 weeks now to be told no there is no reason to see one of them, it also took since 21st december for me to get a copy of the gp report off the dwp as they didn't want to supply one to me it seems! any help PLEASE PLEASE thanks sorry for the length of my post

 

cheers for the reply i know o should have said haow i t affects me day to day mobility and care but i was unsure if my popst would have been too long i didn't feel it was relevant to my question

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