DLA appeal

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DLA appeal

Postby claireh18 » Fri Mar 16, 2012 6:32 pm

Hi
I have recently been refused mobility component of DLA (previously got HRM) as a consultant i saw once, a year ago, stated that i could walk a quarter of a mile, and that any more than that would result in widespread pain. The conversation we actually had was something like 'how far can you walk without severe pain...half a mile, quarter of a mile?' to which i replied 'nowhere near that far'.
Although i put 0 metres in my claim renewal, my reconsideration has been turned down and i am now going to appeal.
My GP who knows me very well is currently off sick and will not return to work until well after the deadline for getting appeal info in, and locum i saw will not give me anything as she does not know me well enough. She suggested that i make a private appointment to see a consultant rheumatologist, which i did. At the end of this appointemnt, i mentioned the problem with the DLA, and she said that she would not be prepared to comment until she had seen me again (bearing in mind it is £250 per appointemnt) following more blood tests at my local surgery. I am now waiting for a letter from her and hoping there will be something i can use towards evidence for the appeal.

The first time i was awarded DLA i was working full-time, and have now been off sick for 7 months due to fibro. My condition has worsened, so i don't understand why i was refused mobility.
Has anyone got any suggestions as to what i can put in my appeal? Not had to do one before and need to get it right. I know i will need to be honest and say how things usually affect me, but it is difficult to know how to word that i am unable to walk anywhere outside without support (due to the pain!) except to my car (2 steps out of the house!) :-?

If anyone has any suggestions then i would be extremely grateful, thank you
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Re: DLA appeal

Postby tanyaj » Fri Mar 16, 2012 7:36 pm

the way i got dla mobility is judge it by how many cars parked togrther could you walk without getting pain i put 3 and i get high mobility
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Re: DLA appeal

Postby FluppyPuffy » Fri Mar 16, 2012 9:12 pm

:wave: :wave: claire and :welcome: to the forum :bear-dancing: :bear-dancing:

Sorry to hear what has happened with your DLA claim, unfortunately it seems to be happening more and more to people :( :( In this part of the forum there is quite a lot of info about all aspects of the claim and appeal tribunal process which you may find helpful.

The thing we usually suggest is that you contact somewhere like CAB, Welfare Rights or other similar organisations in your area. They are very familiar with the system and will be able to help and advise you with your appeal.

There is a lot of other useful stuff on the forum, so have a look round when you get a chance. Anything else you're want to know about, just ask and we'll try to help you with it.
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Re: DLA appeal

Postby denys » Fri Mar 16, 2012 9:50 pm

As fluppy says we advise getting advice from CAB or similar, as they have been through these things thousands of times and can give up to date acurate advice for the appeal process, it seems a such a shame that your doc is off and how ridiculous that the private rhuemy cant give you a favourable report until you spend more money :yikes: :yikes: :yikes: :yikes:
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Re: DLA appeal

Postby claireh18 » Wed Mar 21, 2012 2:49 pm

Thank you denys and FluffyPuppy for your replies. I have now filled in the appeal thing, and put it together with a letter from occupational health, a report from the provate Rheumy (it's ok actually) and statements from my hubby and mum. Fingers crossed!

I've been reading other similar posts and found loadds of useful info so thanks for pointing me in the right direction! :-D :-D
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Re: DLA appeal

Postby MCT » Thu Mar 22, 2012 4:20 pm

claireh18 wrote:
. . . Although i put 0 metres in my claim renewal, my reconsideration has been turned down and i am now going to appeal. . . .

If anyone has any suggestions then i would be extremely grateful, thank you


I had a similar problem. To meet the criteria for HRM you have to be "virtually unable to walk" for HRM. As I am in constant pain I originally put 0 as well. However it is the physical act of walking itself which has to cause "pain or severe discomfort" so by saying zero it could be assumed (DWP/ATOS love to assume things) that the pain you are experiencing isn't caused by walking. When I realised this I put in my appeal that whilst I was in constant pain and discomfort the physical act of walking increased the amount of pain and discomfort I experienced.

The decision maker has to look at whether, taking into account a range of issues, including:
    the distance you can walk without pain or severe discomfort;
    the time it takes you to cover this distance;
    whether and how long you need to halt for;
    the speed at which you walk;
    the manner in which you walk

I eventually got HRM on appeal without going to tribunal.
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Re: DLA appeal

Postby Ldyalb » Thu Mar 22, 2012 10:37 pm

I put '0' too. I did explain that it always hurts, and is made worse by walking and that every step hurts. The forms are a minefield to fill in, it really is a case of ticking the write box, and wording things the right way.
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