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DLA Appeal - help please

Hi guys & girls I made a genuine mistake on my DLA form. I used it as an update not listed EVERYTHING. I was receiving low rate care, it has been stopped since July. The upshot of it was a DLA doc did a home visit & decided there was nothing wrong with me and wrote that he saw no sign of disability & that my condition would not vary in the forseeable future he even wrote I ‘have good insight’ to me he might as well have written that I was lying & didn’t have MS! I was devastated! This thing has taken so much of me & still has more to take whenever the fancy takes it. I enjoyed my life the way it was & would give anything to have it back & for someone to sit in my house for half an hr and decide that the nightmare that is my life is a lie upsets and angers me. I have put in a complaint about the dr who came to see me & as the original people didn’t ask my GP for any letters I have got a letter from my GP, my counsellor who I have been seeing for 12 months and a copy of the ATOS form my GP filled in in march for ESA (I was put in the support group without medical) What I would like to know is. How long will this take? Will I need to seek the advice/assistance of anyone else? Is there anything else I need to do? Thank you very much Kellie

Hi Kellie,

When you appeal, you have 1 month from refusal; you will receive all the correspondence from your doctors so will see who is to blame. It is invariable your Neuro or GP who are being scarce with the truth: the DLA assessor can only go on what’s in front of them.

The answers below are occurrences doctors would not know about.

At the appeal there are 3 people asking questions, a doctor, solicitor and social services agent. Don’t worry there usually very nice and make you feel at home.

Just a few ideas of the way you should answer the questions.

While hobbling along the High Street I keep near to the shops. This aids me in two ways; I am less likely to fall into the road and I can stop and look in shop windows to get a rest. I can testify that Ann Summers has the best window display.

To get High Rate you must show you need help during the night. Say something like, “I get up 2/3/4 times per night to go to the toilet, sometimes to no avail.” “My husband has to accompany me; this takes about 45 minutes each time and obviously breaks his sleep.” “It’s amazing just knowing he is there gives me so much confidence.” “He has to accompany me because once I fell over and slept where I lay that night, good job it was the middle of summer and warm.”

Contact DIAL http://www.dialuk.info/ who will come around your house and help with the forms. Or Benefits and work http://www.benefitsandwork.co.uk/ who give excellent advice.

Simple rule ‘don’t say one word when 100 will do’ in other words explain in detail but be careful not to mention something that may lead to more questions

Always quote your worst; they appreciate MS is a variable condition. The examples are that examples if they are not true don’t use them.

Good luck

George

Hi Kellie,

“ my condition would not vary in the foreseeable future”

I want a consultation with that dr. I would like to know what the future holds for me but my neuro seems unable to tell me – perhaps she went to a different medical school.

Seriously though you must appeal. George has given you excellent advice. Benefits and work are VERY helpful. Keep your chin up and don’t let it grind you down. It’s nothing to them (DWP and ATOS) and everything to you so keep plugging away until you get the right result.

Jane

Thanks George :slight_smile: ATOS had sent 2 letters toy GP one for Employment & Support Allowance and the other for DLA. The forms must be similar as she sent one off & when I called to check the receptionist said it had all been sent so maybe some confusion there? I now have letter from my GP and the ATOS form that she filled in for ESA. I’m getting a letter from my counsellor also. This hopefully will be enough. What I’m not sure about is the only information they had before was my form and their doctors report. Now they will have my letter with full details of how ms effects me, a letter from my GP confirming my diagnosis and symptoms and how they affect me and the ATOS form she filled in that helped me receive ESA (support group) against their Drs report who saw me for half hr on a not so bad day. Will I have to sit on front of those people? Surely that will be a waste of time?? Thank you