DLA refusal experiences

Just wondering what experiences others have had with DLA refusal…

My form clearly said that I can walk only about 40 mtrs before having to stop…Im very slow and stumble a lot, leg gives way etc etc I need help with certain aspects of cooking, dressing, grooming…

But they basically wrote to me saying:

  • You can walk over 50 mtrs in a reasonable manner

  • You can cook a main meal

  • You dont need help for an hour through the day (i added it up to around 1 hour 20 minutes)

I have called for a reconsideration as adviced by CAB…

Is this about the same as others experience? Im waiting for a copy of the report they recieved.

Hi,let me tell you what happened to me with DLA recently as I had my appeal for higher rate mobility in May,I won the appeal,I had a lady from welfare rights with me.The appeal lasted less than 2 mins ! I had a home visit from a doctor to review my PPMS ,prior to the appeal

I also had an intial letter stating I could walk without any problems,my ms nurse was very supportive of me.If they want to send a doctor let them ,you have nothing too hide.

At the appeal hearing the chairperson apologised at how long I had been waiting since my first DLA application approx 1yr !and that after the doctors report seemed to clinch things in terms of DLA award which was indenite DLA.

My advice dont give up,do you have an ms nurse or ot who could write support info,also contact welfare rights.

good luck

david

Straight to appeal, 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. CAB are a good orginisation but they deal with general problems; they are not specifically for disabled people.

The hearing lasts about 20 minutes and then you are asked to go to another room. Another 20 minutes and then you are asked back in and told the result. It is very important to have someone attend with you.

Simple rule ‘don’t say one word when 100 will do’ in other words explain in detail. Always quote your worst; they appreciate MS is a variable condition. Be very careful though as there are some mistakes you could make like do not say your housebound as that begs the question why do you need the mobility component? Say “I would like to go out more if I could afford to” The examples are that examples if they are not true don’t use them.

12 things that don’t affect your right to claim Disability Living Allowance.1. You’re getting any other benefits - Disability Living Allowance will be paid on top.

  1. You’re working.
  2. Your partner works.
  3. You have savings.
  4. You have not paid any national insurance contributions.
  5. You don’t consider yourself to be disabled - Disability Living Allowance is for people with long term health problems which affect their everyday activities.
  6. You’ve been told by a doctor, nurse, care worker - or anyone other than a welfare rights worker - that you won’t get Disability Living Allowance. Eligibility for Disability Living Allowance is a legal question, not a matter of medical - or any other - opinion.
  7. You live alone and no-one is providing care for you.
  8. You already have someone, a partner for example, providing care for you.
  9. You don’t want anyone to provide care for you.
  10. You’ve been turned down before. Once you’ve looked at the information in our you may decide you could put forward a stronger case if you applied again.
  11. You do not want to spend money on personal care: you can spend Disability Living Allowance on anything you wish.

Good luck

George