Help with DLA form - describe my worst days or not?

[Nystagmite]

Indeed. Benefits and works says not to do this. Apparently, they (DWP) know if you do this. You can describe a bad day; but you can't base your form on that.

[honour2012]

I know its not right according to law but these organisations shouldn't tell you this nothing is consistant a little example is had a wca for esa one day Dr was really nice said why an earth have you been called up here for a medical and said she will reccomend that I go in the support group which I did, next day had a dla tribunal after eaiting 18mths had three horrors who said I drove a car once in 6 months not an automatic car for a mile and half so I am ok I can peel 1 carrot and 1 potato, I wear nappies so have no incontinance problems have commode so don't need no help with toilet needs, have wheel chair for outside and zimmer frame inside so can get about ok don't matter about the pain as I sat through the tribunal for 20 mins. dosed myself up on Tramadol and morphine patches. Perching stooll is ok to peel carrot and potato, raised toilet seat and frame means don't need no help with toilet needs, also bath lift I still need help getting undressed and on the bath lift and help with dressing, who empties the commode at night and who changes the sheets when I leak in the bed. So according to them I don't need any help so do DLA at all care or mobility. Now all thats left is upper tier so need to see if there is an error of law who knows, where has common sense gone.

[Nystagmite]

The criteria for DLA high mobility is about being able to walk and not being able to mobilise using aids.

[honour2012]

but it makes no sense as I can't move anywhere without servere pain, but I didn't get any award for any care or mobility. My occupational thereapist said I am as disabled as disabled can be. I have so much evidence its untrue, plus I was originally awarded DLA high rate getting around and middle rate care in 1995, lost it after a failed incapacity benefit medical, didn't know about the appeals procedure then. Have blue badge also, it still makes no sence to me as I am 10 times worse that I was in 1995.

[honour2012]

I understand but the form says unable to walk 50 metres I cant walk 30 feet. I am in severe pain constantly. My conditons are Sciatica, chronic disc disease, S1/L5 prolapsed herniated disc, uncontrolled type 2 diabetis, incontinance, angina, obstructive sleep apnea, hypertension and severe breathlessness. Surely I should have been entitled to something.

[estellyn]

I understand but the form says unable to walk 50 metres I cant walk 30 feet. I am in severe pain constantly. My conditons are Sciatica, chronic disc disease, S1/L5 prolapsed herniated disc, uncontrolled type 2 diabetis, incontinance, angina, obstructive sleep apnea, hypertension and severe breathlessness. Surely I should have been entitled to something.

 

Firstly write to the Tribunal asking for a statement of reasons. This is what you use to see if there has been an error of law.

[honour2012]

we have done this already but bwa says very difficult to overturn their decision. DWP saying most of these conditons were after the claim they wasn't, we just didn't have names for them. So if this is what they are saying should I make a new claim sending in all the support evidence from everyone, have been informed that the decision stays on the screen for 6 months so any new claim is automatically rejected, don't know what to do for the best. Any help appreciated.

[estellyn]

we have done this already but bwa says very difficult to overturn their decision. DWP saying most of these conditons were after the claim they wasn't, we just didn't have names for them. So if this is what they are saying should I make a new claim sending in all the support evidence from everyone, have been informed that the decision stays on the screen for 6 months so any new claim is automatically rejected, don't know what to do for the best. Any help appreciated.

 

Yes you should make a new claim as well as investigating to see if an error of law has been made.

 

An error of law would be that if there was sufficient evidence that you had mobility or care needs to qualify for DLA, but they had refused you for lack of a diagnosis. BUT, they need to have had evidence that your needs were such at the time of the claim - your own evidence, OT evidence, GP evidence etc would count even without an official diagnosis.

[worried33]

in my opinion refusing on lack of diagnosis is an error of law.

 

The law doesnt say you need a diagnosis it simply says you qualify if cannot walk 50 metres without discomfort.

[estellyn]

in my opinion refusing on lack of diagnosis is an error of law.

 

The law doesnt say you need a diagnosis it simply says you qualify if cannot walk 50 metres without discomfort.

 

Exactly, as I said, as long as the Tribunal had evidence of care and mobility issues, a diagnosis is not needed.

[Lillibelle]

Exactly, as I said, as long as the Tribunal had evidence of care and mobility issues, a diagnosis is not needed.

 

That explains exactly what I was wondering,,I applied for,and got,higher rate DLA (care) without a medical.All I put on the form was the changes to my care need and all the new medications I have been put on and the adaptions to my house .

[worried33]

That explains exactly what I was wondering,,I applied for,and got,higher rate DLA (care) without a medical.All I put on the form was the changes to my care need and all the new medications I have been put on and the adaptions to my house .

 

yes I think is errors of law happening, its my view people who have a diagnosis and who already get help such as your house adaptions are more likely to get a successful claim when that shouldnt be the case.

 

The DWP seem to be making assumptions if there isnt a diagnosis and especially if a lack of prescription medication and existing aids then the claim isnt credible and the condition cant be as bad as the claimant says it is.

[honour2012]

thanks for all your replies they have given me some hope, its common sense gone wrong, I could understand the DWP turning down the 1st claim as I had not seen my GP for many years as with the original injury going back 25 years you just learn to live with it after so long, what made me claim again was I collapsed in March 2011 and I knew I had caused bad damage to my back, so I made the claim but the GP didn't go back in my medical records far enough. Spoke to the CAB who suggested an appeal and after March was referred and diagnosed with many different conditions so CAB said put in another claim which I did in September 2011 much to my suprise that was turned down also. After CAB did the submission they suggested that the 2 claims be heard together, it seems no notice was taken from the evidence, just what the GP wrote, I now have a new GP that is really good (in the same practice) who supports me totally and has referred me to hospital getting all my diagnosisis. The OT said the aids help me don't enable me to function as well as an able bodied person. So I will fill the claim form in again and put all the medication down, the last medication being Anti-depressants and morphine patches for the back pain.

[honour2012]

hi everyone, just a quickie does anyone know if its true that they keep your details on the screen for 6 months at the DWP so that any new claim will be automatically refused. I can't see that happening if I send in all the evidence, as DWP didn't see the evidence as it was sent to the tribunal direct, can anyone correct me if I am wrong in my thinking, many thanks

[Nystagmite]

yes I think is errors of law happening, its my view people who have a diagnosis and who already get help such as your house adaptions are more likely to get a successful claim when that shouldnt be the case.

 

Agreed. I have been told that I will not be diagnosed by the psychiatrist and he doesn't know who will do it. Yet, my needs are just as valid as someone who has the diagnosis.

[Lillibelle]

I was on middle rate care for years,,downward spiral was quick and unexpected (by me at least) but yes,,i have a 'diagnosis'..I agree with you both,it's wrong of them to expect a 'name' when symptoms alone should be enough information.

[Nystagmite]

I gave a diagnosis and a load of symptoms I have and the needs I have due to this. They (DWP) turned around and said I don't have that problem. Um, it's one of the most common symptoms of my condition. If you Google it, you'll find that most people have this issue.

[Lillibelle]

I gave a diagnosis and a load of symptoms I have and the needs I have due to this. They (DWP) turned around and said I don't have that problem. Um, it's one of the most common symptoms of my condition. If you Google it, you'll find that most people have this issue.

And the DWP knew you didn't have that problem based on what??? How flipping ridiculous and quite insulting..What alchemy do they know that we don't? In my case,,my bladder doesn't work properly (caused by my main illness) but has caused my kidneys to become compromised (creating new illness,with a new name) That would confuse them too ,,no doubt

[Nystagmite]

And the DWP knew you didn't have that problem based on what??? How flipping ridiculous and quite insulting..

 

Because their medical services, who have never met me, said I don't.

[Lillibelle]

Because their medical services, who have never met me, said I don't.

Thats just atrocious,,

[estellyn]

thanks for all your replies they have given me some hope, its common sense gone wrong, I could understand the DWP turning down the 1st claim as I had not seen my GP for many years as with the original injury going back 25 years you just learn to live with it after so long, what made me claim again was I collapsed in March 2011 and I knew I had caused bad damage to my back, so I made the claim but the GP didn't go back in my medical records far enough. Spoke to the CAB who suggested an appeal and after March was referred and diagnosed with many different conditions so CAB said put in another claim which I did in September 2011 much to my suprise that was turned down also. After CAB did the submission they suggested that the 2 claims be heard together, it seems no notice was taken from the evidence, just what the GP wrote, I now have a new GP that is really good (in the same practice) who supports me totally and has referred me to hospital getting all my diagnosisis. The OT said the aids help me don't enable me to function as well as an able bodied person. So I will fill the claim form in again and put all the medication down, the last medication being Anti-depressants and morphine patches for the back pain.

 

Whoever advised you have both DLA appeals heard together was crazy - very bad idea.