I have just sent a long email to DWP - **UPDATE & CONFUSED**

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I have just sent a long email to DWP - **UPDATE & CONFUSED**

Postby Dianeb » Fri Dec 28, 2012 2:18 pm

Following a conversation with the DM today, which has left me in tears and feeling so helpless I have written this email. I have already sent it but would appreciate any comments.

Hello

My name is DianeB and my address is xxxx.

This email is as requested during my recent telephone conversation just before Christmas 2012 to confirm I wish to lodge an appeal regarding the recent decision made after my request to have my disability living allowance looked into again as my needs have changed.

The reason for the appeal is I believe the level of care and mobility awarded is incorrect and the information given on the form has not been read or interpreted correctly. It is my understanding that I should be awarded for high rate mobility and medium rate care based on the criteria used.

In December 2010 I was awarded Lower Mobility for help on unfamiliar routes due to my depression, anxiety and panic attacks and Lower Care for help with bodily functions about an hour a day.

Following my request for this to be reviewed in Nov 2012 I was awarded Lower mobility for help on unfamiliar routes due to my depression, anxiety and panic and Lower care for help with cooking a meal. It would appear the following were disregarded.

Mobility
Decision - Physical difficulties walking but can walk in a poor manner hence not entitled to higher rate.

ACTUAL – can walk on a good day about 5 metres before pain gets severe. On average day 5 or 6 steps before pain gets severe and discomfort affects my lower back. I have fallen and do stumble frequently.
It would appear no notice was taken of information provided on form and GP letter confirming arthritis and back pain becoming severe.
During a conversation today with Debbie (decision maker) I was informed that I should have stated I am unable to use a walking stick as this causes the pain in my neck and shoulders to get worse. The question on the form states ‘ List the aids an adaptations you use’ I do not use a stick as I can’t. I am unable to get out the house and drive my car as it is manual and using the clutch causes pain in my left hip.

It has been accepted I walk slowly and in a poor manner but you have disregarded the fact that the act of walking causes me severe pain and discomfort after a few paces. It appears to have been disregarded that the neuropathy I have means every step I take increases the pain in my feet. Also the fact I stumble and fall hasn’t been considered.


Care
Decision – need help preparing cooked meal, get up and down stairs, get in and out of chair, move about indoors, communicate

Have difficulty but don’t need help

Get in and out of bed – ACTUAL getting out of bed is painful and I need help to get from laying to standing and I need to move a bit at a time due to how stiff I am and the discomfort. I cannot get out of bed on my own. Takes 10-15 minutes to get up on average morning. If nobody is there to make me get up I would stay in bed. I have no desire or motivation to get out of bed as I know the discomfort I face. At night if I am not helped to go to bed I wouldn’t due to lack of motivation to do anything. I disagree with you stating I have difficulty but don’t need help. I cannot get out of bed on my own if nobody is there.

Manage your toilet needs – ACTUAL I now have a toilet frame being installed to help and telephoned following the visit from Occupational Therapy to update yourselves of this.

Wash and dry yourself / Use a bath or shower – ACTUAL I cannot get in or out the bath or shower unaided at all due to stiffness and discomfort. I have fallen getting out of the shower when I attempted it without assistance as I didn’t want my son to have to help me. I cannot wash my lower half and I cannot dry myself as I cannot bend. If my son or husband don’t make me I wouldn’t bother getting washed or brushing my teeth. I have no motivation to care for myself and would rather be left alone. If I don’t get encouraged and have physical help I cannot wash or dry myself at all. Again I informed yourselves that Occupational Therapy were installing a bath lifter for me, however this will help prevent my husband from injury as he presently has to physically lift me out the bath. This will not do away with the need for encouragement, nor assistance getting my legs over the side of the bath without falling or washing and drying my lower half.

Dress and undress – ACTUAL I cannot dress my lower half at all and rely on my husband or son to help. I am unable to put pants, trousers, socks or shoes on at all. This is because of the stiffness and inability to bend. I also need motivating to get dressed and also telling when to change my clothes. If there is nobody to help me I am not able to get dressed on my lower half. I do manage to get undressed apart from my socks, which need removing for me.

Eat and drink – ACTUAL I wouldn’t bother to eat or drink if the food wasn’t put in front of me. I need reminding to eat, I need assistance getting up from a chair to make food or drink and then need that carrying to me. Unless I am made to eat and drink I simply wouldn’t bother as it is easier to stay where I am and my memory problems mean I forget as well.

Using suitable aids, although you need someone to help you this is not needed several times through the day. ACTUAL I need help with the above throughout the day and do not have aids to help, nor did OT advise of any that would do away with the need for physical help and overcome these issues.

Day supervision

You are not at risk of neglecting yourself and you can take reasonable precautions to prevent any dangers. – ACTUAL I have poor memory and forget medication, whether I’ve taken it or not. My son and husband look after my medication to make sure I don’t take too many or none at all. I do neglect myself due to my mental health issues and would continue to do so if not encouraged. If I am left alone I don’t move from the chair or bed. When I fall I can normally get myself up if there is something to hang onto but that is only when I am in the house.

As notified to yourselves, since sending in the form I have now got Occupational Therapy involvement and have a bath lift, additional hand rail on stairs and toilet frames being installed. It was arranged through Barnsley Social Services via their Occupational Therapy team ( a gentleman visited but I am sorry I didn’t note his name). I do not have an installation date for these adaptations at present but was told it will be done as quickly as possible.

During my telephone conversation today with Debra I was told that my GP had only confirmed the problems I have been diagnosed with and then has written what I had told him rather than his findings. I find this rather confusing. My GP would only be aware of how this affects me if I did tell him surely? Obviously he can see how I walk and the lack of mobility from when I visit and the clinical findings from the visit, but he wouldn’t know about my day to day issues unless I tell him as he isn’t with me on a daily basis. My own comments and those of my husband both confirm the information given regarding the day to day difficulties.

Please confirm that this will now be referred for appeal and what happens next.

Yours sincerely

Diane
Last edited by Dianeb on Fri Jan 04, 2013 3:37 pm, edited 1 time in total.
Type 2 Diabetes, Hypothyroidism, Spinal stenosis, Peripheral Neuropathy, Chronic Pain syndrome, Sciatica, Flat Back syndrome, L5,S1 Radiculopathy, Anxiety and Depression, Agoraphobia
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Re: I have just sent a long email to DWP - please advise

Postby rohansnan » Fri Dec 28, 2012 3:25 pm

Omg Diane, its exactly what I went through near enough word for word. I took it to tribunal which was adjourned after 10 minutes as the DWP had not requested any medical evidence from my GP. They said I had to have a home visit from a Dr and they would write to my GP. The dr that visited was very nice and he read out to me what he was writing down, a week later I received a copy of my medical evidence so now I am just waiting for another tribunal date.
I don't think these DM's read through claimants notes properly at all....

Best of luck and I hope things go your way

Take care xxx
Diane J
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Re: I have just sent a long email to DWP - please advise

Postby jom2774 » Fri Dec 28, 2012 3:55 pm

I think it is a fantastic letter and you have written all the actual help you need, plus there is probably more you have missed as you didn't think of. Your needs sound very much like mine and I am too currently waiting for a suppression.
Your GP does not deal with your social needs (personal care etc) only your medical.
It may be worth phoning social services and ask for a copy of your OT assessment. This will add weight to your claim as it's extra proof. It may also be worthwhile asking for a social work assessment as again by what you are saying, you are entitled to one. Even if you do not wish to have services at the moment, you could think about it and have a copy of your needs to send to dla. It will also have it on file should your situation change, your husband is ill and they could use this information to provide help.
Good luck.
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Re: I have just sent a long email to DWP - please advise

Postby denys » Fri Dec 28, 2012 4:01 pm

:fingerscrossed: and :goodluck1: with the appeal diane :-D :-D :-D
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Re: I have just sent a long email to DWP - please advise

Postby Dianeb » Fri Dec 28, 2012 4:06 pm

Thanks all, don't know how much that will change things. My son helped me word it. Debbie from DWP terminated the call as I was in tears and she 'didn't want to upset me further'. What I was mostly upset about was her refusal to answer the list of questions I had prepared as to how they had come to the conclusion that what was written on the form was lies and to be disregarded. My MP is assisting as are Welfare Rights and I have my GP support, despite them saying the support letter he wrote was no help.

What is a Social Work Assessment please? I tried calling OT today but they are closed till Wednesday next week.
Type 2 Diabetes, Hypothyroidism, Spinal stenosis, Peripheral Neuropathy, Chronic Pain syndrome, Sciatica, Flat Back syndrome, L5,S1 Radiculopathy, Anxiety and Depression, Agoraphobia
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Re: I have just sent a long email to DWP - please advise

Postby gary15871 » Fri Dec 28, 2012 4:58 pm

i had same response in the end i went to gp asked him to write a report detailing everthing from treatments to how effects daily living and the help i need day and night it cost me £20 for the report but within 2 weeks of it being sent in dwp revised the dission and stopped the tribunal which was submitted nov 11 this over turn dission was made dec 12 dwp do not apply for gp reports like they claim too as they have too pay for them and this was shown in statement made by gp who blew the whistle on atos in scotland so maybe worth considering report hope you get sorted soon
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Re: I have just sent a long email to DWP - please advise

Postby Dianeb » Fri Dec 28, 2012 5:16 pm

I sent a GP report. It confirms the diagnosis for the conditions I have, the medication I am on, the problems I have with mobility, day to day living etc and the referrals in place. I'm not sure what else my GP can say???
Type 2 Diabetes, Hypothyroidism, Spinal stenosis, Peripheral Neuropathy, Chronic Pain syndrome, Sciatica, Flat Back syndrome, L5,S1 Radiculopathy, Anxiety and Depression, Agoraphobia
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Re: I have just sent a long email to DWP - please advise

Postby jom2774 » Sat Dec 29, 2012 8:56 pm

Sorry Dianeb I have not been on since posting. A social work assessment are for people believed or known to have a physical disability under the community care act. They look at all your daily living tasks and note difficulties you have with these tasks.
I am a social worker and undertake these assessments as well as having fibro.
The difficulties you have and help you receive are transfered into needs. Nowadays assessments are part of personalisation. The needs are turned into an estimated budget, where you can either use some of estimated budget for agency services or direct payment or both. Direct payments are where you use the money to employ your own assistant. By the assistance you have daily, you should be eligible. With social care it is means tested, so you may have to pay a contribution towards care but as most of us are skint. Unless you have over £23,500 you would not be a full cost payer. You can always just have the assessment and not take any assistance but keep on file should circumstances change and you need assistance and something can be put in place quickly.
Your other half is also entitled to a carers assessment in his own right, this would also document the help he provides.
If nothing else it's further evidence of your daily living assistance that you have with getting up, washing and dressing, medication prompting and meals and drinks.
Hope this helps. I also have a care package and have a mixture of agency and direct payments, without which I would not be able to continue my job, albeit only part time.
Good luck
Jo
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Re: I have just sent a long email to DWP - please advise

Postby Dianeb » Tue Jan 01, 2013 11:33 pm

Thanks Jo

My OT called today to see how I was and is getting his report as soon as he's back in the office tomorrow. He's not surprised at what happened either, says he hears it all the time and you've got to keep fighting. So that's what I'll do.

Been a really rough few days, I got a cough and cold before Christmas and can't shake it off, I seem to hurt more but I'm sure that's me needing sleep as not managing more than 2 hours at a time before coughing wakes me. And the back of my thighs feel like they are on fire :( Plus hubby is away so son has been stepping in as my helper and he went out last night for a party and not seen him since so had no option but to sort our animals out myself. What used to take me half hour took 2 hours of agony but they are all happy now.

Anyway, enough of feeling sorry for myself, I'm going to welcome 2013 with a positive attitude and a determination to fight for my rights .
Type 2 Diabetes, Hypothyroidism, Spinal stenosis, Peripheral Neuropathy, Chronic Pain syndrome, Sciatica, Flat Back syndrome, L5,S1 Radiculopathy, Anxiety and Depression, Agoraphobia
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Re: I have just sent a long email to DWP - **UPDATE & CONFUSED**

Postby Dianeb » Fri Jan 04, 2013 3:43 pm

Well, I have no clue what is happening so hoping someone can help me shed light on this.

I've had a really bad few days and have had to go back to my psych team as I'm really not coping at all well. Thankfully the wheels move quickly here and I've already had a chat with the psychs and got appointments for tests etc to check my T3 and T4 levels in case they are contribulting. Personally I feel it is due to all the extra pressure DLA are putting me under. I honestly for the first time in ages was tempted to go to sleep and not wake up the other day, which scared me dreadfully. Thankfully I had my darling daughter on the phone and she forced me to speak with the psychs.

So re DLA, I got a letter yesterday saying 'Our enquiries are taking longer than usual because we have requested a report from your GP' Now a GP report was sent in already so why ask for another? And they told me I had been refused hence why on 19th December I appealed, A few days later they said they had looked at it again and the decision still stood. So what on earth is going on? I did speak with them yesterday and was told it was being reconsidered again and no appeal had been set up, which didn't make me happy. I am really unable to understand what is happening here?

Any ideas?
Type 2 Diabetes, Hypothyroidism, Spinal stenosis, Peripheral Neuropathy, Chronic Pain syndrome, Sciatica, Flat Back syndrome, L5,S1 Radiculopathy, Anxiety and Depression, Agoraphobia
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Re: I have just sent a long email to DWP - **UPDATE & CONFUSED**

Postby denys » Fri Jan 04, 2013 3:47 pm

Dont fret too much Diane it sounds like the usual garbled messages, phone them again and ask that they set up the appeal even though it is being reconsidered, the appeal can always be cancelled if the decision is changed in your favour. Appeals can take months and months to be heard so the sooner they sort it the better.
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Re: I have just sent a long email to DWP - **UPDATE & CONFUSED**

Postby Dianeb » Fri Jan 04, 2013 3:52 pm

Thanks Denys, I have insisted they set up the appeal effective 19th December which was the date it was requested in writing. I wonder sometimes who are employed as DM's. Do they realise how their mistakes can ruin lives and cause such despair and misery?
Type 2 Diabetes, Hypothyroidism, Spinal stenosis, Peripheral Neuropathy, Chronic Pain syndrome, Sciatica, Flat Back syndrome, L5,S1 Radiculopathy, Anxiety and Depression, Agoraphobia
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Re: I have just sent a long email to DWP - **UPDATE & CONFUSED**

Postby denys » Fri Jan 04, 2013 4:37 pm

I think they must have some idea but their decisions are made by tick boxes on the computer so if you dont get a tick (or enough of them) then the computer says no.

They arent allowed to use common sense cos that will mess up the number of refusals they have to achieve but keep your chin up and keep fighting
Denys

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Re: I have just sent a long email to DWP - **UPDATE & CONFUSED**

Postby Dianeb » Fri Jan 04, 2013 4:54 pm

Thanks Denys.

When I win (WHEN!!!) this appeal and have taken delivery of my little automatic with adaptations needed I'm going to take you for a drive....just cause I can :crazy: You are such a support to all on this forum.
Type 2 Diabetes, Hypothyroidism, Spinal stenosis, Peripheral Neuropathy, Chronic Pain syndrome, Sciatica, Flat Back syndrome, L5,S1 Radiculopathy, Anxiety and Depression, Agoraphobia
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Re: I have just sent a long email to DWP - **UPDATE & CONFUSED**

Postby Dianeb » Fri Jan 18, 2013 11:57 pm

Just an update - DLA aren't allowing this to go to appeal as yet. Another DM is looking at the case again so that will be the 3rd reconsideration, this seems a bit odd to me, is it normal? I have offered a letter from my OT which is superbly worded but they have said no, to wait as they are hoping to make a decision based on the information they have and also a further report from my GP. I'm not sure what they have asked but I took a long list of what I can and can't do, what tires me, what causes more pain etc and insisted it got put on my medical record. MP is being kept up to date too.

So - still waiting and still fighting. Hope it all ends soon.

Hope everyone is safe in this appalling weather

Take care all

Diane
x
Type 2 Diabetes, Hypothyroidism, Spinal stenosis, Peripheral Neuropathy, Chronic Pain syndrome, Sciatica, Flat Back syndrome, L5,S1 Radiculopathy, Anxiety and Depression, Agoraphobia
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