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The UKFibromyalgia Forums • View topic - Refused DLA



Refused DLA

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Refused DLA

Postby Ldyalb » Mon Mar 05, 2012 11:59 am

Just got the letter today. It's absolute rubbish - they're saying they based their decision on:

- my claim form
- the extra information I gave them
- my GP's report from 30 Jan
- the ATOS medical for ESA on 28 Jan (which I passed as I'm in the WRAG).

They've put down some absolute rubbish.

They said I don't need help when in unfamiliar places because I can ask and follow directions. I specifically explained that I have learning difficulties and I can't. I don't even know which is left, and which is right - so how the **** am I supposed to follow directions? Also, with Fibro Fog - I can't remember directions either.

They also said that although I passed the ESA medical on the basis I can barely walk that I am still able to walk albeit slowly and with 'suitable aids' (erm, that sounds exactly like the PIP criteria!) so I'm not eligible for mobility.

They've said I can use a cooker, use kitchen tools, carry and lift safely and plan a meal. I struggle to carry pans due to hypermobile wrists. I also can't use kitchen tools - I can't cut, chop or peel veg for example. I also need help with the cooker as I can't stand for long.

They said also that although I need help to shower I can do everything else for myself such as get out of bed (my parents help me with this almost daily) and that I can manage my own medication (I need my parents to remind me to take it and to watch me take it as I often forget if I've taken it or not and can't risk an overdose). They said although I need help throughout the day, it's not for long enough to count.

They also said I'm not at risk of falling although I have had a number or regular falls and frequently trip and stumble throughout the day. They've said although I prefer to have someone with me I don't actually need them.

Does this count as the 'statement of reasons'?

I'm going to ring them tomorrow and tell them I wish to appeal, I'll also write to them. (I have a Counselling appointment this afternoon so have to go and get ready soon). I'm also going to contact the CAB today and arrange an appointment. I'll also ask for a copy of my GP's medical report. If he's done me a bad one after I'd written to him and explained my difficulties I'll flip.

I was half expecting it but am annoyed. I was hopeful when I passed the ESA medical that it meant they had recognised that I have problems.
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

Being an Adult is nothing like it said in the brochure...!
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Re: Refused DLA

Postby fliss » Mon Mar 05, 2012 12:50 pm

hello,i would suggest you do appeal it!is it your first time off claiming?i had a dla medical last saturday as i have applied 5 times and been refused im like you i have hypermobility syndrome and regularly drop cups so carry a pan is out off the question i cannot stand for long also,i was told on my last application to appeal which im doing at the moment i would ask for them to come and do a medical at your home xxxhope u get somewhere with them just dont give up xx
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Re: Refused DLA

Postby MonkeyFeatures » Mon Mar 05, 2012 1:47 pm

Sounds more or less identical to my refusal, the frustrating thing for me is that I actually complained to ATOS about my ESA medical and they've agreed with my complaint and changed the report but DLA havent included that bit! I've got my ESA tribunal in April so hopefully they will agree with the changes and that will be one sorted.

I've put forward that I want to appeal but i'm unsure whether to go ahead as i'm quite sure they'll just decline me again and I really could do without all the stress! I'm in limbo at the moment!

Good luck with your appeal, its so unfair that we have to battle like this :evil:


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Re: Refused DLA

Postby Ldyalb » Mon Mar 05, 2012 1:55 pm

Yeah it's my first application. I've left a message with the CAB, hoping they'll call before I leave for Counselling in 40 mins so that I can arrange an appointment. I'll fight them, make no mistake. It'll be stressful but I know someone else on here who appealed and was awarded DLA without having to go to tribunal (they decided to award after the appeal triggered a reconsideration). And about 50% of DLA appeals are successful if an oral tribunal hearing takes place.

Does anyone know the best way to get the Drs report? Should I ask the DWP for this or my surgery? I'm happy to do the latter, but am not sure if they'll charge me or not?

As a random aside - Monkey Features - I'm also under investigation for Psoriatic Arthritis. My GP ignored my symptoms for ages but then I tried a different GP when pits appeared in my nails and he's referred me to Rheumy number 3. Got to wait about 8 more weeks until I hear when my appointment is though :( I don't have a diagnosis of Psoriasis however my GP thinks I have it in my nails (hence the pits) and some of my Eczema may actually be very mild Psoriasis.
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

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Re: Refused DLA

Postby crystalkaz » Mon Mar 05, 2012 3:55 pm

I am so shocked that they have turned you down for DLA, but never give up as some others have stated its the first time.
Really can not understand why they do this, it causes soooooooo, much stresssss........ for you. :fingerscrossed: Ldyalb at CAB....

Keep fighting It sounds like when you appeal they will reconsider and award DLA.
I have been told to claim DLA myself by drs at surgery, as I had my contract terminated on Ill Health........Ha!Ha! I say that, because the famous Atos have turned me down.......No wonder I have had 2 breakdowns.

Do they enjoy their work at Atos...........Don't know how they go to sleep at night.
Take care :grouphug: :hugs:
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Re: Refused DLA

Postby fliss » Mon Mar 05, 2012 6:44 pm

Im also appealing their decision,then they asked for the medical and now waitin for them to decide was told 2wks ago that it would be 4 wks so hopefully soon ill find out if i hav to go to tribunal or not,iv also had my esa medical and am awaitin their decision i was told originally that it would be 2 wk but thats about 4 wks ago so awaitin both decisions fingers crossed its the right decision dont fancy going to tribunal xxx
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Re: Refused DLA

Postby MCT » Mon Mar 05, 2012 6:49 pm

Does it say that they've had reports from your Consultants and/or any other specialist medical types? If they haven't then make sure you mention that when you put in your appeal.

Sorry you didn't get the news you were wanting.
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Refused DLA

Postby MonkeyFeatures » Mon Mar 05, 2012 7:04 pm



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Re: Refused DLA

Postby Ldyalb » Mon Mar 05, 2012 7:09 pm

They've considered my GP's report which they've had for over a month now (since 30 Jan).

However - they told me on 7 Feb that they were writing to my Consultant. When I rang last Tues (2 days before the decision) they said they couldn't make the decision yet as they hadn't heard from my Consultant. Yet no mention of using their report in the decision.

So I'm going to ring the Hospital tomorrow and find out if the Rheumy did send a report back to them, if so I'll ask them for a copy. Tbh if they are doing one for me soon I might just ask them to send it to me as well so that I can say the DWP made the decision before they had the full set of facts.

CAB haven't rung me back so I'm also going to ring them again tomorrow and see if I can sort out an appointment.

My Counsellor was truly shocked they said no. I'm also going to ring my GP's surgery in the morning and request a copy of the report he sent.

The best part is that in their letter they kept going on about how I was not at any risk of falling. I fell over twice today due to the same knee giving way. :swear1: that DWP.

Monkey - you can be diagnosed with Psoriatic Arthritis without Psoriasis - in a small minority of cases the Arthritis comes first. Also it doesn't have to be skin Psoriasis - if it's in the nails then that's enough. But if it looks like you have quite a bit of skin involvement I guess they'd want to confirm it definitely IS Psoriasis first. That's why I'm off to the Rheumy to see if it's Psoriatic or Rheumatoid, I think it's a case of if it's not shown to be Rheumatoid then it's Psoriatic due to my nail pits. It's all fun and games in my medical records lol :yikes:
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

Being an Adult is nothing like it said in the brochure...!
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Re: Refused DLA

Postby Ldyalb » Mon Mar 05, 2012 7:15 pm

Monkey - just saw you said the Rheumy said that. I'll ask my GP next time I see him if I'll also need to see a Dermatologist. I'm 2 weeks in to a 10 week wait to see the Rheumy - if he then has to refer me to a Dermo I'd rather be referred now to speed it up!

My hands are the main problem, plus my big toes. It's also starting to affect my heels/ankles and my wrists are starting to stiffen in the morning. Are your fingers all sausagey looking?
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

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Re: Refused DLA

Postby MCT » Mon Mar 05, 2012 8:05 pm

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Re: Refused DLA

Postby Ldyalb » Mon Mar 05, 2012 9:04 pm

I can't wear my rings anymore. I can just about manage with my newer one which is larger. My old one I've had since I was 11 and it's only recently failed to fit me :(

My fingers as a whole are swollen, particularly around the lower half. A specific joint isn't swollen.

It's a pain, I'm a bit scared but I've known for a long time now that something else is wrong and I've struggled to get anyone to see it. But my new GP said my joints were definitely swollen (other GP felt them and said they were fine, even though one had visibly changed shape) and the nail pits are now confirming that something is different. So at least the fact I'm now believed is a relief. I was beginning to doubt the swelling and stiffening as my GP wouldn't acknowledge it.

I've suffered really bad dandruff. I'm now wondering if it was actually Psoriasis as opposed to just dandruff (eczema of the scalp). I found Lush's soak and float shampoo cleared it right up for me. Also they have a snake oil bar (not literally oil from snakes they're a 100% Veggie and Vegan company) which is good for sorting out scalp problems. I used the shampoo a few years ago and haven't had dandruff since. Only thing I ever found which worked :)
'Think of all the beauty still left around you and be happy' - Anne Frank

TMJ, RLS, HMS, Fibro, Dyspraxia - ASD + Dyscalculia overlap, Eczema + Rosacea + suspected Psoriatic Arthritis.

Being an Adult is nothing like it said in the brochure...!
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Re: Refused DLA

Postby animalhouse » Tue Mar 06, 2012 11:17 am

i am sooo sorry you were declined ldyalb as you have been so helpfuld to everyone else and have done so much research.

it sounds exactly llike mine even though between me and oh we felt we were pretty intelligent to fill the stuff in and provide consultants, drs, physio, osteo etc, tetc,

they just seem to be standard replies as i am sure in my 100+age bale for triibunal reappeal now they all confirm somewhere my difiiculties in walking especially.

it is a joke.

go to gp and ask them i did, gp made a shocking comment "had never examined me" - even though i am on diclofenac, tramadol, gabapentin, citalopramm adn dosulepin so asked him to do another when i saw what he put - and still no.

i think it is purefly down to the decision makers asome win adn some lose regardless of their capability/intellect or cab use.

would we reallyu put ourselves thorugh endless apppmts drs, counsellors, maassage et c if unnecessary.

take care and fight the good fight.... :-)
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Re: Refused DLA

Postby animalhouse » Tue Mar 06, 2012 11:28 am

ldyald just finished reading all the post as leo wanted some school input :roll: :roll: :roll: cant he see i am on the forum ans shouldn't be distrubed - i have noticed sausage fingers no necessarily joints but the whole fingers, but i do get really painful hand/fingers joints.

i thpought it was somewhere else i was putting on weight.. had hand xrays recently and ortopod said no obvious signs of athritis so had ruled out anything to explain my pains other than fibro.

i also use to get scabby/iotchy scalp and itchy bod put not had for a bit so put that down to not swimiing as much last few weeks - only managed once a week if that i think.#

will look into the psor.... thingy.

tell them striaght away you are appealing as they may just look at again if they know you are.. in oringinal no i got put to lrc but have been fighting the mobility for past 2 years so onwards and upwards. just waiting upper tier and reapplication booked in with cab for renewal 2yearly.

:crazy:
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Refused DLA

Postby Mozza » Tue Mar 06, 2012 11:35 am

I totally agree with your statement re "it's down to decision makers." I am almost embarrassed to say i was awarded DLA first time and although i am impaired it's not as severely as some of you who have been refused!! Even my GP who did the report while i was sitting with him in a 20 minute appointment was sceptical. I also had a member of CAB fill the rest in as i was too foggy at that time. It does not however take away the fear of being "watched" by them to have them pronounce you a fraud, which i'm not but that fear is constant. What a messed up society we live in as i can't imagine someone with a needle hanging out their arm in a drug induced state has the same fear. All i can wish for is that the appeals go your way as we do deserve something to make this god awful condition a bit easier on us. Xxm
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