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Another DLA Renewall ..**WON...Low Rate Care + High Rate Mobility till 2015**


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Just had the decision regarding DLA for my missus, 2012 was the first claim and sent forms off again just before xmas, she was awarded HRM and LRC first time round, yet now has had the HRM stopped completely. The decision was based on, claim form, GP, Current Treatment, Medication, Test Results and Symptoms.

So according to that she has now improved from last year so much she can now walk 200 yards in a reasonable manner using suitable aids although walking is limited (their statement).

So they say her walking is limited yet don't say what it is limited to.

So now after having a read through previous posts I assume that I need to inform them that I will be appealling, but can anyone give me a couple of answers to help me out please.

 

Will her GP supply copies of any/all the info that they supplied to the DWP if she requested it ?

Will the DWP supply them without having to go through the whole SAR procedure ?

 

She never gets letters sent regarding test results from the hospital, so she is completely in the dark as to what these are, and the other problem is that after sending the form off to DWP she had a hospital appointment in which she was told that she will definately require surgery on her legs but pending further tests will depend on the type of procedure required so I hadn't filled the question in about waiting for surgery

 

They just seem to have totally ignored everything that I put in the Mobility section, and I have a copy of last years form so I know what I put, and bear in mind when I filled in last years form the GP/Nurse/Hospital hadn't even began diagnosing her Mobility problem.

 

Would I be better phoning and mentioning the forthcoming tests and impending surgery and then ask for a GL24 Form to be sent to me firstly and take it from there ?

Any advice greatly received.

 

Pete.

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When you Appeal, the DWP send you out the Appeal pack that they send to the Appeal. In it has all the evidence they are using and their reasons for the rejection asking the Appeal Board to consider.. All medical letters etc will be in there !!!

 

I'm in the process myself !

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When you Appeal, the DWP send you out the Appeal pack that they send to the Appeal. In it has all the evidence they are using and their reasons for the rejection asking the Appeal Board to consider.. All medical letters etc will be in there !!!

 

I'm in the process myself !

 

Thanks, that's more like the information I was after, just another quick point. If you have a favourable ESA report after an ATOS examination can you use that to support your renewal for DLA, my missus has just been assessed in the last couple of days and we are just waiting on the decision from that.

 

Pete.

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Use what ever you want to convince the Appeal Board you are right and the DWP are wrong .... In such a financial climate, everyone's getting knocked back for everything. Some don't appeal, some lose the appeal, either way the DWP holds onto money that bit longer !!! Is it 70% now win appeals but only 60% go to appeal ? I think I heard that on a TV proggie....

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Can you phone the Jobcentre Plus and ask for the ATOS Professional Healthcare Workers(nearly put Dr then) :-D report even before you have had a letter from DWP regarding the decision ?

 

Pete.

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NO, they won't tell you even the out-come of their decision ! To get all the information they are going to use against you, you will have to wait and appeal...

I meant the report from the ESA Medical by ATOS, missus has just phoned them up and they will be sending the ATOS report, I can then hopefully use this for the DLA appeal depending on what it actually says.

 

Pete.

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NO, they won't tell you even the out-come of their decision ! To get all the information they are going to use against you, you will have to wait and appeal...

 

You can request all information on how the decision was made by DWP including esa85 and decision makers score sheet from DWP. Used to be called a "statement of reason"

 

In a nutshell get all the information available regarding how decision is made, as your paperwork is reviewed by another decision maker, and with the right information, often extra medical evidence or support letter from GP your decision can be overturned before appeal.

 

You still submit appeal form within the time frame given of 30 days from decision letter and write on appeal form something along the lines of.

 

Upon receipt of full disclosure of the evidence I requested from JCP on xx/xx/20xx

I /my representative will respond and send further evidence as required, and I will add to my grounds of appeal, as I cannot dispute the way you have worked out the descriptors, and made your decision until you have provided me with the scoring sheets and information that I have requested.

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Hi again,

Don't forget this is for a DLA APPEAL and I am gathering info that

 

I now have the ESA85 report back from ATOS for my wifes ESA assesment, the Healthcare Professional has basically put down everything that we told him and has even added stuff that wasn't even asked about, in his summary says that she meets all the criteria for the support group.

Now the question is, will this be helpful in her DLA appeal, bearing in mind that he is actually employed by the DWP to make judgements on people and their mobilty, needs, etc.

Surely they couldn't question his opinion, as he is actually paid by them to assess/examine 'clients' although for a different benefit, his findings and statement will surely count for something

 

Pete.

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lucksic, some good info in there ! Score Sheet ? I'll have to ask about that one as it's not enclosed in his decision file the DWP prepared for Appeal...

 

I've not had a medical for DLA, they just went off my application for and my Doctors report. The Doctors report was filled in by a new Doctor who just read from the scree, so mixed up a few things, and contradicts it's self over and over again. I pointed this out to the decision maker but he still feels they are right ! So it's off to appeal...

 

Odds, the more info you have the better !

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Hi again,

Don't forget this is for a DLA APPEAL and I am gathering info that

 

I now have the ESA85 report back from ATOS for my wifes ESA assesment, the Healthcare Professional has basically put down everything that we told him and has even added stuff that wasn't even asked about, in his summary says that she meets all the criteria for the support group.

Now the question is, will this be helpful in her DLA appeal, bearing in mind that he is actually employed by the DWP to make judgements on people and their mobilty, needs, etc.

Surely they couldn't question his opinion, as he is actually paid by them to assess/examine 'clients' although for a different benefit, his findings and statement will surely count for something

 

Pete.

 

I should think the ESA report would definitely help in your DLA appeal. Though the two benefits do have different criteria, there is an awful lot of overlap and the ESA report is most definitely independent evidence.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Could anyone PLEASE explain what info I will be given or I need to request from the DWP for this appeal, so far I have a copy of the GP's report, which they say they have used to reach the decision, this report specifies certain things that back my claim up, yet seem to have been contradicted by what it says on the letter from the DWP.

I have only just noticed that when they have written to the GP they have only asked for information relating to 2 of her conditions, yet out of the 3 conditions she has they haven't even mentioned the one that causes her mobility problems, which I have clearly stated on the claim form, isn't that a bit strange ?

They asked the GP about her Heart Attack and Stroke, but not about how her diabetes affects her mobility, she is waiting for tests and imminent surgery on her legs due to restricted blood flow, and yet they have not even mentioned this when writing to the doctor.

Under the CARE Decision they have put:

 

Day Supervision

Not at risk of falling - Doctors report says has loss balance affected by Stroke

Not at risk of injury - Well if you lose balance and fall you are going to get injured, surely ?

not at risk risk of danger from dizzy spells or blackouts - see above ^^^^

 

I don't have a problem with getting lower rate care, but the reasoning seems a bit illogical, contradicting what the doctor has actually put in the report.

 

So now on to the mobility side:

Physical and Difficulties Walking

 

You can walk up to 200 yards - the doctor actually put this in her report, this was from Nov 2012 last appointment, seems to be a figure pulled out at random

slowly - Did they just assume this

in a reasonable manner - and this

 

Guidance or Supervision:

You don't need help:

for comfort and reassurance - so if you have random loss of balance you don't need comfort and reassurance when outdoors

because of anxiety or panic attacks - doctor has already stated she suffers from anxiety

 

The reason is: Although you PREFER someone with you, you don't need them to guide or supervise you when walking outside in places you don't know well.

What has that reasoning got to do with the points they have failed her on ?

 

Now we move onto the ATOS Professional Health Worker report, which I can not fault him for in the least. Except for the fact that he seems to have embellished things (in our favour) to put my missus in the Support Group for ESA which would make me a liar if I agreed to what he has put, don't get me wrong, these people get slagged off a lot on here but he actually said to us don't worry, I'll fill the rest in myself leave it to me.

 

So on to the GL24 Form, am I supposed to state all the above and then send the relevant docs with it, are there any templates for a DLA appeal, I've found the ESA one, is it the same ?

 

Thanks and advice appreciated.

 

Pete.

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Odds, most of the things in your post are in mine too .... So don't take it to heart, there appears to be around 6-8 standardised letters that basically say the same thing ! So it's not getting at your wives condition or saying she's fitter than she really is. It's the fact they have been told to knock back 50% of all claimants regardless of their condition. I think it's taken off your initial claim form. If it looks good, your in, if not, your going to have to appeal.

 

Well, that's the way I've taken it on-board, as I've seen some who have been placed in the Support Group, and even they tell they shouldn't be there, yet they are, and then there's some, me, should be in and not, or as it is, Yet ! After my medical, if I'm not, I'll appeal, if not then, then I'll take it as it wasn't meant to be ! Simple as ....

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  • 2 months later...

Hi all,

 

Just to let you know that my missus had her appeal heard and the DWP decision was overturned by the Tribunal Service

and she has now been awarded High Rate Mobility again, which will be backdated to February.

 

She didn't attend in person as she didn't fancy discussing her health issues with complete strangers and to be honest we had given up on it,

then out of the blue the letter arrived this morning saying she was entitled to Low Rate Care and High Rate Mobility till 2015.

 

Isn't this whole system just crazy !!

 

Can someone change the Thread title please, I can't find where the option is

 

Pete.

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