DLA REFUSAL - HELP NEEDED

hI,

I recieved a letter today saying that my claim for DLA had been refused. The letter stated that the decision was based on my doctors report and claim form. It didnt really make much sense as went on to talk about me being able to walk 50 metres unaided and that I dont need help with washing, dressing or getting in/out of bed. I didnt mention 50 metres and did say i need help but dont get any. The man on the phone didnt sound suprised and said i could go through the reavaluation process and then if that fails an appeal., I just wondered if this is common with DLA claims. I had heard elsewhere that most are refused to begib with and have to be reavaluated.

Unfortunately it is a usual experience to be refused first time

What you must realize; if it still appears on the form; the question is ‘How far can you walk before getting pain. If you can walk 200 yards unaided but get pain after 1 yard the answer is 1 yard.

You can appeal by ringing 0800 882200; you will then 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. Sorry to say ATOSers are now involved they seem to be reading from a different hymn book.

The answers below are occurrences doctors would not know about. It is far better to attend a hearing but you can ask for one in your home (bit self destructive if your not badly affected) or a reconsideration (bit pointless as they have already made a decision).

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 costs £19.40 per year. The DLS give excellent free advice http://www.dls.org.uk/advice/factsheet/factsheets_download.html it is essential you get help.

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 but don’t you say it. Be very careful though as there are some mistakes you could make like do not say you’re 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.

Good luck

George

Hi I also received mine today, I was also refused. I will appeal because I feel I need it because I have to wait for my husband to come home before I can go out on my own.

Jan

Hi,

Thanks so much for your help. I think it is the reconsideration stage i am at now. The man on the phone said i may as well do that and then go for an appeal adterwards. To be honest i have never put a claim in like this before and wrongly ammused it would be fairly clear cut!!! The fact that they refuse alot of claims to begin with has given me hope though.

I recommend paying about £20 to become a member of the benefitsandwork website.

Getting DLA and ESA is all about how you fill in the forms versus assessment criteria that they don’t actually tell you about! For example, they ask you about your walking distance and speed, but they don’t tell you that to get high rate mobility you need to be unable to walk more than 50 metres without severe discomfort and/or you walk very slowly (I can’t remember off hand, but I think it’s less than 40 metres per minute). To prove these, you need to give specific examples. For example: I walked from Tesco to Boots yesterday which is approximately 100 metres. I had to stop twice to get my breath back. In total, it took me 4 minutes. Or: I suffer from constant neuropathic pain in my feet. This means that every single step I take is extremely painful. I can only manage to walk for 30 metres before I have to stop and sit, to take the pressure off my feet.

Obviously, it’s not enough for you just to say this - you need some sort of report / letter from a medical professional that shows what you’re saying is plausible, so the DWP can believe that you’re not making it up.

Every single question on the DLA form has a hidden agenda - assessment criteria that they don’t tell us about.

How you answer those hidden criteria (plus good supporting documents) is what gets DLA.

Don’t give up.

Karen x

hi

i got help from the CAB filling in the form and also had supporting letters from my ms nurse and neuro physio

got phone call approx 4 weeks after posting telling me they were writing to my nurse for more info then 5-6 weeks later got letter through saying i am awarded higher rate mobility but no care award

i must be one of the lucky ones to be awarded first time

take care and hopefully you’ll be successful on appeal

baz