Refused DLA again

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Refused DLA again

Postby Katblack » Wed Feb 29, 2012 5:20 pm

I was refused DLA again but have decided that this time I am going to appeal, so I have written a letter stating what i think they have gotten wrong, I was wondering if anyone here ie a MOD would be willing to read it for me and tell me what you think as I have never done anything like this before, I would email it as I don't want to put all my personal details all over the internet!

Cheers
Kat x

Scoliosis, 2 major spinal surgeries, DDD in neck and lumbar spine, Spondylolisthesis, HMS and now FM!
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Re: Refused DLA again

Postby Carole » Wed Feb 29, 2012 5:49 pm

I would get help from one of the` welfare right` places with the appeal in fact my advice to anyone applying initially is to get their help ..there is a formular to the form filling there`s no doubt about that.
I applied twice for AA (as she was over 65) for my mother and was refused both times then got help and got it straight away.
Good luck with your appeal,
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Re: Refused DLA again

Postby Katblack » Wed Feb 29, 2012 6:03 pm

Carole wrote:I would get help from one of the` welfare right` places with the appeal in fact my advice to anyone applying initially is to get their help ..there is a formular to the form filling there`s no doubt about that.
I applied twice for AA (as she was over 65) for my mother and was refused both times then got help and got it straight away.
Good luck with your appeal,
Carole


That's all very well if I had time....see my signature below about the deadlines?? It's unfortunately true, I need to send this letter off tomorrow really, it has to be with them before 6th March :yikes:

I am useless with replying to stuff, also its taken me 3 weeks to decide if I was going to appeal, I was so hacked off when I saw the letter I was just going to bin it, but I found my 'fight' just in time, HOWEVER, I AM going to try and find someone 'official' to help me with the appeal/tribunal, so any takers? :-)
Kat x

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Re: Refused DLA again

Postby Ldyalb » Wed Feb 29, 2012 6:05 pm

I've not done an appeal (am STILL waiting to hear if I'll get DLA or not, they've had my form since late December). But I'd second Carole's advice - seek out the CAB, Welfare Rights, DIAL or a similar organisation and get help with it.

You have a month to tell them you want to appeal. If time's running out for you quickly ring them and write to say you wish to appeal and will send the precise details why once you have sought advice from the CAB and sorted through the paperwork. Request a 'statement of reasons' from them. This will outline the reasons why they have said no and you can then counteract what they've said. Even if you only heard today I'd do that anyway - make sure they know. And make sure it's in writing so they can't deny it.

Did they write and say they were contacting your GP and/or Consultant? If so then request a copy of any reports they received from them. Unfortunately a common stumbling block for many people is a poorly written statement from a Dr. If this proves to be your downfall then you can speak to your Dr and clarify things to get their full support.
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Re: Refused DLA again

Postby denys » Wed Feb 29, 2012 6:06 pm

I agree with Carol but would have no problem reading over your letter. Unfortuantely we are just the same as yourself and dont have any formal training in these areas. CAB, DIAL or even social services will help with form filling and appeals
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Re: Refused DLA again

Postby Katblack » Wed Feb 29, 2012 6:21 pm

Ldyalb wrote:I've not done an appeal (am STILL waiting to hear if I'll get DLA or not, they've had my form since late December). But I'd second Carole's advice - seek out the CAB, Welfare Rights, DIAL or a similar organisation and get help with it.

You have a month to tell them you want to appeal. If time's running out for you quickly ring them and write to say you wish to appeal and will send the precise details why once you have sought advice from the CAB and sorted through the paperwork. Request a 'statement of reasons' from them. This will outline the reasons why they have said no and you can then counteract what they've said. Even if you only heard today I'd do that anyway - make sure they know. And make sure it's in writing so they can't deny it.

Did they write and say they were contacting your GP and/or Consultant? If so then request a copy of any reports they received from them. Unfortunately a common stumbling block for many people is a poorly written statement from a Dr. If this proves to be your downfall then you can speak to your Dr and clarify things to get their full support.


Sorry if I come across as being really thick and stupid here, but I don't honestly know what they have done, all I can tell you is I filled out the form myself and enclosed loads of extra info such as statements and hospital letters, I sent it off over the new year period and got a reply on about the 8 - 10th Feb, it is a letter telling me all the reasons why they have refused me any rate of either Mobility or Care, section by section, I have written a letter contesting their reasons.

I have had no medical and have no idea if they have contacted my Gp or either of my Hospital Consultants, the letter says the info they have used is my claim form, the extra info I sent and advice from a health care professional (but doesn't say who), it also says he/she 'considers this information to be the most suitable available and enough to decide how much help you need' (which is obviously complete rubbish as they have half the stuff wrong or haven't read my answers!!!)
Kat x

Scoliosis, 2 major spinal surgeries, DDD in neck and lumbar spine, Spondylolisthesis, HMS and now FM!
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Re: Refused DLA again

Postby Katblack » Wed Feb 29, 2012 6:24 pm

denys wrote:I agree with Carol but would have no problem reading over your letter. Unfortuantely we are just the same as yourself and dont have any formal training in these areas. CAB, DIAL or even social services will help with form filling and appeals


I realise that, but reckoned on someone here at least seeing a letter before and being able to tell me if I have the right format and the right tone and informatuon, or if I am making things worse! I am quite a good letter writer ;-)
Kat x

Scoliosis, 2 major spinal surgeries, DDD in neck and lumbar spine, Spondylolisthesis, HMS and now FM!
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Re: Refused DLA again

Postby denys » Wed Feb 29, 2012 6:26 pm

I dont mind looking at it for you but can't promise anything :-D
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Re: Refused DLA again

Postby Ldyalb » Wed Feb 29, 2012 9:10 pm

Katblack wrote: Sorry if I come across as being really thick and stupid here, but I don't honestly know what they have done, all I can tell you is I filled out the form myself and enclosed loads of extra info such as statements and hospital letters, I sent it off over the new year period and got a reply on about the 8 - 10th Feb, it is a letter telling me all the reasons why they have refused me any rate of either Mobility or Care, section by section, I have written a letter contesting their reasons.

I have had no medical and have no idea if they have contacted my Gp or either of my Hospital Consultants, the letter says the info they have used is my claim form, the extra info I sent and advice from a health care professional (but doesn't say who), it also says he/she 'considers this information to be the most suitable available and enough to decide how much help you need' (which is obviously complete rubbish as they have half the stuff wrong or haven't read my answers!!!)


It doesn't look like they have contacted your GP or anyone then. I sent my form off in late December and got a letter in mid Jan saying they were writing to my GP and a letter several weeks later saying they were now writing to my Consultant. I imagine those letters are standard for when they write to someone about you, plus I would also imagine if they had a poor report from your GP they'd have stuck it in there with the rest of their reasons.

As I've not been through the process I'm not familiar with appeal letters. I can say on my gut instincts of what I would do if I were unable to get any advice.

I would make a copy of their letter detailing WHY they said no. I would then highlight the copy with key quotes and phrases. Then in the letter I would say something along the lines of 'I wish to appeal blah blah blah' and then give out precise reasons why.

So something like:

1) You have stated I can do X by myself, or without assistance. However I am unable to X as demonstrated in ZY documents etc.

Then I would get the CAB involved asap afterwards - hopefully you can get advice for the appeal itself and might even be able to get someone to attend with you to help you represent your case. I would be happy to review the letter as well, but I can't promise anything as I've not had to do one myself.

I am good at spotting any typos etc though :-)
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Re: Refused DLA again

Postby MCT » Thu Mar 01, 2012 10:58 am

You really need to get help from the likes of CAB with this, phone them asap or go down to their offices and see them (at our local one you can just go in during office hours without an appointment if you are willing to wait to see someone). Often it seems to me that with the DLA forms it ain't what you say,it's the way that you say it, if you have a copy of your form take that with you to the CAB and have them go over it with you to see if there's anything that needs further explanation to the DWP.

It would also be a worthwhile exercise to contact your GP and call your Consultant's secretary and ask if they have had any requests for information from DWP in relation to your claim.
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Re: Refused DLA again

Postby dennydee » Sun Mar 04, 2012 7:01 pm

I have been turned down twice for DLA and was about to give in but decided not to.I sent a letter of appeal and yesterday received a letter asking for my bank details and a few more details.they also asked which bank did i want the arrears paid into.So I hope this means that they are going to award me DLA.This has all be going on since October 2011.I will let you you know the outcome. :-)
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Re: Refused DLA again

Postby animalhouse » Tue Mar 06, 2012 2:04 pm

there are so many of us fighting at the moment i wish you all luck as it seems the luck of the draw regardless of what we say or what medical evidence we put in to back up.

take care.
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Re: Refused DLA again

Postby Katblack » Wed Mar 14, 2012 9:08 pm

Ooooooh these people make me so mad :evil:

So, I sent off that letter and got a reply saying they would relook at my application and it could take up to 11 weeks, a couple of days later and have received another letter saying they have relooked at my claim and letter and they are still right, I am entitled to nothing, the refusal letter was near enough a carbon copy of the last one :(
All the stuff I contested they are still saying I don't have.
So I phoned them, which was pointless, the woman was very nice but couldn't really answer my questions except to say that where it says I do not need assistance with certain things because of xyz problems, they are saying I don't have these problems when I have clearly stated that I do, so it's either they haven't read the form or they are accusing me of lying??

Anyhow the upshot is that all they could do was send me a form to go to Tribunal :cry: I am SO scared, I don't want to do this but feel I should fight for what I believe I am entitled to, only good thing is that the stress is highly likely to bring on a flare and more pain for the day of the tribunal, so they will actually see me at my worst on that day, a gibbering wreck :(
I think I am going to get onto the CAB and/or my Hospital for some help, I want their advice.
Kat x

Scoliosis, 2 major spinal surgeries, DDD in neck and lumbar spine, Spondylolisthesis, HMS and now FM!
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Re: Refused DLA again

Postby Ldyalb » Thu Mar 15, 2012 12:42 am

When you appeal they automatically look at your application again, sometimes that does work in people's favour but often it doesn't and they have to go to tribunal. They're just trying to scare you off hun.

Definitely see CAB or a similar organisation, I've recently sent my appeal letter off and the CAB are advising me on collecting extra evidence etc.

If you haven't already go through everything they said you can do which you can't with a fine toothcomb. Make a list of the pages of the DLA form where you have explained you can't do XYZ. Do the same with any medical letters or reports they also had.

It may take a while to get to appeal but the success rate is around 50% so there's a good chance you'll get the decision overturned. Unfortunately a lot of people have to fight hard to get the help they need. The DWP rely on scaring people off from appealing and re-applying.
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Re: Refused DLA again

Postby animalhouse » Thu Mar 15, 2012 9:11 pm

good luck and keep fighting.

i lost appeal so am appealing to uppper tier, got fed up of wwaiting initially so sent in change of circumstances, then got renewal pack through for may - - so have 3 on go at moment.

just gather lots of medical evidence - don;t know if my downfall was an outdated esa medical as was overturned at tribunal and passed or unsupportive gp surgery.

who knows think it is the luck of the draw, good luck anyway.
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