DLA Refused

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Re: DLA Refused

Postby lisaward127 » Wed May 01, 2013 8:11 am

Poor Babygirl, I know how you feel, I have always worked and payed my way, my husband still works and pays for everything, I also had social services around and sent in a housing needs report to support my claim, still haven't heard anything since my home visit, fingers crossed. I hope you get sorted soon lovely. Xx
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Re: DLA Refused

Postby lisaward127 » Wed May 01, 2013 7:36 pm

It has been three weeks since my visit from Atos Dr at home, I called today and DWP say they still haven't received the report back from Atos, will be any day now I was told, my nerves can't handle this waiting for an answer. Xxx
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Re: DLA Refused

Postby loudavegaz » Thu May 02, 2013 3:17 pm

Hello I am a new user and need some help and am desperate for advice.
Our GP told us after 9 years and 200 + visits to him.
"your husband has got used to being at home pretending to be ill and I think he likes it, he needs a kick up the backside and get a job, that will cure him as everything he says is wrong with him is i his head"
I asked for a second opinion and asked for a specialist appointment, the GP refused to refer him because he said it would be a waste of time "he is not ill", get over it and tell him to get a job, this went backwards and forwards asking for a referal, eventually we said ok we will pay to see someone, saw the spinal specialist within 5 days, after an MRI scan, he has 1 lower disc bulging ,2 in the middle showing degeneration and 2 in the neck bulging into the spinal cord and spodulosis in the shoulder, arthritis in the Knees, hips and wrists, he asked us did anyone in the family have MS or MND? He then said he wanted a rhuemo specialist to have a look at him, thats where the fun really started, within 15 mins he had diagnosed Fibro and started him on Gabapentin 300mgs and for 10 days from the first dose the difference was amazing, sadly after the 10 days it was a very rapid descent back to worse than before 12 months later and quadruple dosage of gabapentin to 1200 mgs 3 times a day along with di-hydrocodeine 60 mgs 4 times a day, naprosyn 500mgs twice a day, amitryptaline 50 mgs and mirtrazapine 50 mgs at night.He was on DLA mobilty at the highest rate until Dec 2011, he was then taken off it at re-application, we appealed and at the appeal I went with him to represent him and the lady judge told me to sit down and shut up and she would not speak to me or refer to me, she would ask him the questions, it was laughable as he can hardly speak now and is like a zombie drugged up to the eyeballs and could hardly understand the questions and when I tried to translate she told me to shut up or I would be asked to leave, the decision wentt against us of course but the doctor came out and followed us to the car park and advised us to try apply again as there was a great need for care as well as mobiltiy allowance now, we did apply on 24th sept 2012 and got a refusal and after asking for reconsideration it was sent to appeal, still no date for a tribunal, we applied for a new claim again on 30th of Jan 2013 got the CAB to fill the form in for us, upto today it has not even been looked at, they received the form on 5th of feb and sent us a letter acknowledgement on that date, when I called chasing this I got the apprentice obviously and she said she would call the file up and pass it to the decision maker and call me back in 48 hours, 5 days later I called again, she had done nothing so the next person I spoke to advised she would do the same and call me in 48 hours, still no word and no-one can tell me why his claim has not even been looked at yet 12 weeks after receiving it.
He had an assesment for ESA in April 2012(this was before the FM diagnosis and effects of the drugs) and was put it WRAG and we appealled in November to be put in the support group and still waiting for a tribunal date but his ESA finsishes in 4 weeks, I work and so he will get nothing, tax credits of £4 per week is all I can get, so we are looking at having our house re-possessd by christmas, welfare rights officers have all been got rid of due to budget cuts, called the Civil Law advsiors (CAB told us to contact them)they cannot help as we dont qualify for legal aid, they refered us to the Law centre and they refered us back to the CAB
We simply have not got a clue where to go next apart from to sell our house before re-possession because from the horror stories we have heard, my hubby has no chance of DLA or ESA being put in support, any advice would be welcome, thanks for listening, Louise xxx
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Re: DLA Refused

Postby masonsbarms » Fri May 03, 2013 5:01 pm

hi, loudvegas,

do you have a disabilaty equalaty office near you they are a charithy run by volenteres and they will help with all forms ans appeals,

hope things work out for you x
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Re: DLA Refused

Postby loudavegaz » Sun May 05, 2013 12:46 pm

masonsbarms wrote:hi, loudvegas,

do you have a disabilaty equalaty office near you they are a charithy run by volenteres and they will help with all forms ans appeals,

hope things work out for you x

Hi there, thanks ever so much for your reply, we had never heard of a disabilty equality officer before, we did have a welfare rights officer but he retired on ill health grounds and social services will not be replacing him, but I will certainley have a gander on google to see if I can find one in our area, thanks for the heads up, Louise xxx
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Re: DLA Refused

Postby lisaward127 » Fri May 24, 2013 4:41 pm

I am happy to announce that I was finally awarded higer rate DLA on both components. I was awared during appeal and thank God I didnt have to go to a triabuneral, I was only awarded till Ocober 2014 and will have to apply for PIP by then, so some relieve for now even if just short lived.

Good luck and keep fighting your corner.

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Re: DLA Refused

Postby macca » Sat May 25, 2013 8:04 am

Belter news Lisa, once again doesn't this just show how cruel and screwed up the system actually is, i mean to go from a flat 'NO' to high rate motability and care is just astounding.

Slightly different situation but in fighting for ESA for my wife over a 15 month period she went from a failed Work Capability Assessment and 0 points, to 27 points at tribunal, to an MP and GP supported scrap with DWP where DWP ultimately said "we made a mistake, she was clearly entitled to ESA Support group from the beginning, so we'll give it to her and back date it too" and this was all whilst she had been in receipt of high rate mobility DLA from DWP for a period of some 22 years !

I tell yer, in this system so long as you're genuinely ill and can provide medical evidence to support that it all comes down to whether you are prepared to fight for whats right.

Sadly all too many sick and disabled people don't have the strength, energy, confidence, knowledge, grit, or support to fight and thats exactly what this inhumane government thrive on.

In my wifes case we definitely feel that she is also eligible for a care element of DLA but frankly we're too scared to claim it as that will then subject her whole DLA claim to the PIP assessment 2 years earlier than it needs to be. As she has an indefinite award of DLA HRM she currently won't be assessed for PIP until October 2015
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Re: DLA Refused

Postby whoami » Sat May 25, 2013 9:45 am

I feel so bad for all of you fighting for your disability pensions. It is all confusing with the different levels and types you are allowed.

Could someone explain the mobility part please. From what I gather you are also, possibly, qualified for a car.

Over here it is quite simple...you apply and you may get turned down. You can appeal twice. There is only one type of pension with the government your payment would be calculated on the amount you have contributed to the Canada pension fund. When you are 65 you are then transferred to a reg pension instead of the disability. It is a little less but still calculated by your contribution.

I get the government disability and one through workers compensation because I had an accident at work.

Good luck to you all, I wish I had a magic wand about now.
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Re: DLA Refused

Postby macca » Sat May 25, 2013 10:52 am

Well Disablity Living Allowance (DLA) and its replacement Personal Independance Payment (PIP) has two components, Care and Mobility. Depending upon your problems and needs you can claim for either or both and each has an upper and lower payment rate attached to it.

There is a UK charity called Motability who's purpose is to assist disabled people in achieving some degree of mobility in spite of their difficulties. If you qualify for the high rate mobility component of either DLA or PIP, Motability will allow you to spend that benefit on funding a 3 year lease for a car. The lease is effectively a rental as you don't own the car. The lease provides the car, servicing, roadside assistance, insurance for upto 2 drivers, and a full set of replacement tyres should you need them. i.e. headache free motoring (which is excellent as sick and disabled people have enough headaches already!). Depending upon which car you are interesting in leasing there may be an advance payment to make i.e. a non refundable deposit but that is dictated by the value of the car.

A lot of folks mistakingly think that disabled people are just gifted a free car. That isn't the case. If you qualify for the benefit its because you may need more help with mobilising than an able bodied person would. If you choose to enter into a Motability lease then that is a financial committment similar to a 'normal' car lease, the only difference being that Motability aren't in it to make a huge profit margin like private car leasing companies would be. so its much more affordable.

Mac
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Re: DLA Refused

Postby fibro-lu » Sat May 25, 2013 11:21 am

Hi Louise and :welcome: to the forum

loudavegaz wrote:Hello I am a new user and need some help and am desperate for advice.
Our GP told us after 9 years and 200 + visits to him.
"your husband has got used to being at home pretending to be ill and I think he likes it, he needs a kick up the backside and get a job, that will cure him as everything he says is wrong with him is i his head" ........ We simply have not got a clue where to go next apart from to sell our house before re-possession because from the horror stories we have heard, my hubby has no chance of DLA or ESA being put in support, any advice would be welcome, thanks for listening, Louise xxx


just reading your story makes me feel sick
would suggest to find new supportive GP

I have no idea what to advise financially, you could try https://capuk.org/index.php/about-us they seem to give free advise
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all the best :cow-wave: Lu
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