problem with dla appeal

[johnnipain]

Hi

I am new here but have a few problems I hope someone can help me.

firstly John has been getting high rate mobility and middle care for 7+years then in sept they used a very flawed esa medical nil points to remove all benefits

I have complained about this in sept but they state they never got any paperwork (I sent rec del and have the Proof of posting)

anyway the ESA people called him in late sept saying is this correct as the DM thought it was odd that after 7 years John was healed.

The outcome of this was the medical was overturned and John was given 15 points over 2 catagories

We then gave this info to DLA who said they would mark as a pass or remove this medical from further reconciderations

well we sent off 2 appeal forms they claim the first never got there 1 in sept 1 in dec and a whole bunch of medical evidence

Including a letter from my GP stating that John "remains serverly functionally restricted" can anybody tell me what that means?

but I sent this to DLA and they sent a submission to me that did not even mention the GP's letter

sorry one more thing he had a home visit from an EMP but she has not put his name or NI number on any of the pages bar the first is this a problem?

also she has ignored a lot of the medical evidence

Any help would be very appreciated

Sarah

[johnnipain]

a letter from my GP stating that John "remains serverly functionally restricted" can anybody tell me what that means

 

sorry for the rush but i have an appointment with an advisor tommorow and want to be able to explain

[count orlok]

I would imagine the adviser would know what it means. I presume the letter also states what the severe functional restriction is.

 

It could mean John is still disabled, without knowing what the severe functional restriction is, it is impossible to be more precise.

[johnnipain]

thank you

I was just hoping someone would know thankyou anyway

[count orlok]

Does the Doctor mention in his letter how John remains serverly functionally restricted, is the function physical or cognative?

 

Sorry but without knowing the nature of the functional restriction it could mean anything. Such as still can't walk, or still has dificulty with completing simple tasks.

[johnnipain]

John has 3 prolapsed discs in his spine along with other problems I think I may have found it the dwp guidelines for DM's state in specific back pain care and mobility conciderations are at 3 levels mild/moderate and servere so he must be using there own terms to wrtie the letter

 

Sarah

[johnnipain]

Severe Functional Restriction

 

Category

DescriptionDisabling Effects

People with this level of functional restriction are likely to experience constant severe pain in their lower back for most of the time. The pain is likely to radiate into one buttock predominantly and travel down that leg below the knee into the foot and toes. The leg pain is often more severe than that experienced in the back, and is usually accompanied by numbness and tingling on the affected side in the specific region supplied by the nerve root. Tightening of the back muscles may add to the overall level of pain. Sleep may be disturbed by pain in some people. Moderate to strong analgesia may not be fully effective in relieving symptoms. Flexion of the spine is likely to be significantly restricted. Marked weakness of the thigh muscles may be present and there may be associated muscle wasting. Foot drop may be present. In cervical involvement, constant severe upper limb pain, weakness and abnormal sensation are present.

Mobility

Walking would normally be restricted in terms of distance (this may be in the range of 40 to 100 metres) and speed due to severe pain in the lower back and leg. They would normally have an abnormal gait, walking with a limp. There may be an increased risk of falls due to leg weakness, loss of sensation and foot drop although walking aids may help with mobility. There may be a need for guidance or supervision outdoors.

Care

People with this level of functional restriction would normally have difficulty coping with many activities of daily life. They may have considerable difficulties getting out of bed and out of the bath. They are likely to have difficulties with dressing, particularly with their lower garments e.g. trousers, socks due to bending difficulties. There may be considerable difficulty with other personal care tasks, such as rising from a normal height chair, climbing stairs and aspects of main meal preparations such as lifting pans, and bending to a traditional oven to insert and remove items. Due to leg weakness on one side, loss of sensation and possible foot drop, a risk of falls may be present. There may be a requirement for supervision and watching over if falls occur even with the use of walking aids. If affected on both arms there may be marked problems with dressing, preparing a main meal and toileting. If however only one side is involved, only bimanual tasks are affected

[johnnipain]

Sorry I meant to add this actually fits Johns problems to a tee except the cervical bit but maybe it has been ignored because Johns GP reads a lot and some DM's don't?

 

Sarah

[feelingsad]

John/Sarah, while the DWP lose things and say they've never received things, the Tribunal srvice don't so don't panic once the DWP have done their reconsideration and it then goes on to the Tribunal service you can send things there and they will be part of your appeal.

[johnnipain]

Hi

 

are there any template letters on the forum for ask dwp for a typed transcript as the emp report is

unreadable (also has no personal info on any page it could be your medical lol)

 

can dla use a ESA medical to remove benefit?

 

and on my reasons for descision it states that "due to updated medical evidance you no longer have these needs " but i have looked through the stated paperwork and it does not say he is better anywhere the opposite in fact

I have asked Dla but they said it is the dm's opinion and thats that

 

Any help appreciated

 

Sarah

[Nystagmite]

Unfortunately, yes, DLA can use an ESA medical (how untrue the perort is doesn't matter) to remove DLA.

[ims21]

Two threads merged

 

Please keep to one thread per issue

 

ims

[feelingsad]

Yes the DWP do routinely now use ATOS medicals to evidence DLA results. They tried that with me even though I appealed the ESA decision and won and still they tried to use that result! I just said "I am surprised that the DWP are using as evidence the ATOS medical on * date as an independent Tribunal subsequently found the result to be inaccurate and incorrect". It wasn't then referred to at the DLA Tribunal but the DWP will try anything. Having said that, had I not been successful at the ESA Tribunal, I think it would have been good evidence for the DWP at a DLA Tribunal.

[johnnipain]

esa medical aug

 

Dla removed sept

 

I sent a GL24 in other paper work then waited was told ESA had been overturned and 15 points given and placed in wrag told DLA about this

 

got EMP medical

 

asked for EMP medical copy

 

a week later asked again for EMP medical copy and found out that first GL24 had never turned up but all the other paperwork did (i have rec del details)

 

so was told i had to do another even when i said i had copies so sent back form 2 with copy of form one stating there mistake and rec del form

 

early dec they log appeal ask phone up several times and am told that the ESA will not be used again as it was overturned but last recon and ESA listed

 

so in Jan I ask why they told me it has been removed now and sent a submission to the tribunal saying i am not happy with the ESA report being inc in submission

 

I phoned and tried to explain but no luck they have also put on the submission that the critera for DLA and ESA are completely different

 

But they don't seem to understand they removed my DLA with the ESA medical so how was it the same critera then

Edited March 7, 2012 by johnnipain
removing incorrect dates

[Nystagmite]

they have also put on the submission that the critera for DLA and ESA are completely different

 

Given this, their reason for removing your DLA makes no sense at all. Yes, there is some criteria that is the same; but those benefits are both given for different reasons.

 

You might be able to use that as your argument, which must be based on a point of law. (that is, them not taking something into consideration. You can't appeal because it's not enough money)

[johnnipain]

Thank you very much I will mention this to my advisor as she is already shocked at the lack of interest in medical evidence that is not the ESA medical

 

Thanks again

 

Sarah

[johnnipain]

I have just noticed along with no name/ni number on the EMP medical and lots of contradictions I can't find the dr on the GMC and she wrote the 20th on the medical but came on the 19th as the appointment letter stated

 

do you think someone is playing games with me or is micky mouse in charge?

 

Sarah