DLA refusal

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DLA refusal

Postby denise48 » Sat Jun 15, 2013 2:19 pm

Hi, I don't know if this is a record but my daughter got a letter from DLA to say that basically she was entitled to nothing as she could in their opinion do everything that she said she couldnt do. It took weeks to fill in the form to ensure we had coverd everything, We also used the guides from the workandbenefits site and yet this decision was posted back to us on the 11th of June and yet we only sent it on the 30th May! They obviously havent contacted our GP because of the timescale involved.

We are going to appeal and ask for tribunial hearing rather than a review. She is 19 and is living a far from 'normal' life. How dare they say she only needs help for comfort and reassurance. Ohh I am so cross!!

Thank you for listening!

x
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Re: DLA refusal

Postby clubsound4 » Sat Jun 15, 2013 3:12 pm

Hi,so sorry about your refusal, when you ask for an appeal they review your case again to see if they can change the decision and then they set about starting the appeal,, could be a good few months the best of luck :-D
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Re: DLA refusal

Postby denys » Sat Jun 15, 2013 3:26 pm

good luck with the tribunal, I hope it all goes well :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: get all the supporting evidence you can. If possible get your GP to write you a letter saying they support your claim, DWP may still contact them but every little helps.

Have you thought of contacting CAB/DIAL or similar to get help with the process :?: :?: :?: :?:
Denys

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Re: DLA refusal

Postby denise48 » Sat Jun 15, 2013 3:39 pm

Thank you for your replies and for letting me vent! I need to get past angry to be able to be of any use to my daughter!

Yes, I think talking to the CAB will be a good move.

I can't believe the speed in which they have responded with a big fat NO. They must have totally disregarded a very detailed letter from her hospital consultant and physiotherapist.
In the claim we stated that she can only walk 19m without being in severe discomfort on a better day and on worse day 0m and uses a wheelchair and yet they said ' you can walk 50m'

Complete madness.

Thank you for your support

Denise x
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Re: DLA refusal

Postby hjlinton » Sat Jun 15, 2013 9:32 pm

Hi I got refused all parts of dla and was told I ca. Do everything in there opinion however I appealed
and won only yesterday. I was awarded higher rate mobility for being virtually unable to walk and lower rate
care as I cannot cook a meal. I have been awarded this for two years. The panel were really nice and tried hard
To put you at ease. It angers me that we have to fight but at least we can and the tribunal is independent.
Good luck but do pursue it. X
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Re: DLA refusal

Postby reegogo » Sun Jun 16, 2013 12:59 pm

Don't give up,I was also refused and sent them all my Hospital and GP reports with my request for a review and constantly hounded them and got Higher rate Mobility and Middle rate care,I had Fibromyalgia for 10 yrs before my request then it got worse and deteriorated rapidly,log all letters and calls and take notes of what they tell you as I was given incorrect information by them regarding the review request and asked them for their complaints procedure and lo and behold within 10 days my case was approved after originally waiting for 7 months going round in circles.Good Luck.
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Re: DLA refusal

Postby denise48 » Sun Jun 16, 2013 10:25 pm

Thank you all so much for your replies and advice. It is much appreciated.
I will let you know how we get on.
Denise x
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Re: DLA refusal

Postby denise48 » Sat Jun 29, 2013 8:36 pm

Just wondered before I send off the appeal paperwork , should I phone them first to let them know we want to appeal or should I just send back the appeal form that I downloaded from the dla site?
My dad went to CAB on friday and they looked at what we had put and said it looked fine and to post it off. I have to add that he did not speak to an advisor as such as there was a 3 hour waiting time (I was at work) and they passed it to a 'supervisor' who did not speak to my dad but just handed it back to the receptionist and said its fine.
The reason I am worried is that it said on the form not to write on the form if we wanted it looked at again - phone or write to state that but I've just gone for filling in form and a covering letter saying we want an oral hearing.
I am running out of time. We need to appeal before within one month from 11th June.

Many thanks for reading - any advice would be gratefully recieved.
I am having so much time off at work to attend hosp appointments that i couldnt ask for time off to go to CAB but i have a feeling dad may have been given the brush off as he couldnt sit and wait 3 hours to speak to an advisor.

Denise
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Re: DLA refusal

Postby FluppyPuffy » Sat Jun 29, 2013 9:23 pm

The usual advice is to let DWP know that you will be appealing a decision as quickly as you can. If you ring them, they should (in theory anyway) add a note on your file to that effect. You then need to get the appeal form and/or letter in to them as soon as possible as there is the time limit imposed on the dispute period. Your appeal is treated as being made on the day it is received by the appropriate office.

Are you going straight for the appeals process, or asking for a reconsideration first?? Going for a reconsideration first tends to be quicker than waiting for an appeal to be heard, usually taking a number of weeks to be looked at compared to the backlog of appeals which, for some, are taking well over a year to be heard. With a recon, a different decision maker will be given your claim for reassessment, and if the decision can be changed in your favour, it will be and you will be advised accordingly. If you agree with the revised decision, then that is where the process will end for you. If the decision cannot be changed in your favour tho, or you disagree with the new decision, then it will go onto the next stage, which is waiting for your appeal to be heard.
denise48 wrote:The reason I am worried is that it said on the form not to write on the form if we wanted it looked at again - phone or write to state that but I've just gone for filling in form and a covering letter saying we want an oral hearing.
I am running out of time. We need to appeal before within one month from 11th June.

I've just downloaded the current pdf of GL24 and I can't see where it says on it about not writing on the form if you want it looked at again :-? :-? :-? :-? At the top of it, it clearly states
Fill in this form and take it or send it to the office that sent you the decision.

And there are several other instructions and reminders telling you what you need to fill in, so I'm a bit confuzzled on that one I'm afraid :crazy: :crazy: :crazy: :crazy: :crazy:
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Re: DLA refusal

Postby macca » Sun Jun 30, 2013 8:37 am

The best advice I can give not to assume that DWP know things. Assume they know nothing and tell them absolutely everything down to what you may think are trivial details. Make sure you gather and collate all medical support documentation and although it may come at a cost actively seek a report from the GP and provide it.

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Re: DLA refusal

Postby denise48 » Sun Jun 30, 2013 10:24 am

Thank you all for trying to help me (and my daughter).
I am so sorry that I dont seem to be able to grasp what I need to do. I hate forms etc and am so worried that I will do the wrong thing and make a mess of it which is why my dad went to CAB but i dont feel any more confident.

I have downloaded the form from the DLA site and filled it in and added the evidence in the form of 'extra informatio"
n' (* pages worth) to counteract what they have said i.e "contrary to your statement.......
I have also attached the specialist letter and Physio letter again - they will already have this with original claim.
Then based on advise from workand benefits website I have written a cover letter that says


I wish to appeal against the decision not to award me Disability Living Allowance.
I consider that I provided enough evidence for the award to be made.

I do not consider that the Decison Maker took full account of the severity of my conition or the way that it affects my everyday activities and bodily functions.
I wish to have an oral hearing so that I can explain the full effects of my condition to a tribunal and answer any questions they may wish to ask.

If you wish to contact me please do so in writing. I do not wish to receive any telephone calls as I consider welfare benefits too complex to be discussed over the telephone.

Under no circumstances will I withdraw my appeal verbally. Any suggestion that I have done so will be mistaken.


Do you think I should leave out the oral hearing bit and just put in a reconsideration request?

So sorry - My head is just going round in circles.
My daughter feels so ill at the moment she just cant deal with this but wants us to persue it.

Denise x
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Re: DLA refusal

Postby denise48 » Sun Jun 30, 2013 10:29 am

Mac, I've just looked at the.
form again. In the information pack it says

Asking us to look at your decision again[list=]
You can phone us or write at letter asking us to look again at a decision
If you decide to write do not use the form at the back of this leaflet. This from shuld only be used if you want to appeal against a decision.

Help! I want to do both!!x
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Re: DLA refusal

Postby macca » Sun Jun 30, 2013 10:57 am

Well in our case the issue wasn't DLA, it was ESA. If you look at my other posts theres stuff you can read on that. When we wrote to DWP i didn't use any forms, i just scripted our submission. It consisted of a letter that documented my wife's 22 year history of health problems , how it affects her daily life, and a continued decline. The letter itself was about 12 or 13 pages long and then it had about 19 appendices containing numerous support documentation. 128 pages in total. The result was to secure her into the support group for ESA despite starting with 0 points in a work capability assessment.

I just stuck to the principal assume they know nothing, tell em everything.

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Re: DLA refusal

Postby mililly » Sun Jun 30, 2013 11:13 am

Hi

For a reconsideration you only need write a letter requesting yhis akong with any evidence you have to support this. The GL24 is only for the appeal. My mum had cancer and can still do everything as she is on her own so was refused dla on the original claim. I told her to get her doctor onto it and with her help and the mcmillan nurses she was then awarded high rate mobility, so dont give up keep applying. Ive just been dx with fybro and i will be applying also as some days i can barely walk or get off my chair.
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Re: DLA refusal

Postby FluppyPuffy » Sun Jun 30, 2013 11:28 am

It was ESA in my case as well, but the system for appealing is the same. When I appealed the decision I was given, I didn't bother with the form at all Denise. I rang them to tell them I disagreed with the decision and would be appealing it and that I would be sending in written confirmation with additional info/evidence. I also asked for a statement of reasons as to how the original decision had been arrived at, but never received it.

I then put together my evidence and sent it with a covering letter stating why I thought their decision was wrong. In my covering letter, I said I wanted the decision to be looked at again to see if it could be changed, but if that wasn't possible then I wanted it to go onto appeal.
denise48 wrote:I wish to appeal against the decision not to award me Disability Living Allowance.
I consider that I provided enough evidence for the award to be made.

I do not consider that the Decision Maker took full account of the severity of my condition or the way that it affects my everyday activities and bodily functions.

I wish to have the decision reviewed by a different Decision Maker to see if it can be changed in my favour, and be advised accordingly. If it cannot be changed in my favour, then I want my claim to be passed onto an independent tribunal where I can explain the full effects of my condition to a tribunal and answer any questions they may wish to ask at an oral hearing.

If you wish to contact me please do so in writing. I do not wish to receive any telephone calls as I consider welfare benefits too complex to be discussed over the telephone.

Under no circumstances will I withdraw my appeal verbally. Any suggestion that I have done so will be mistaken.

The paragraph in pink is along the lines of what I wrote when I sent in my ESA appeal and they accepted it as my request and acted on it. It might be worth not bothering enclosing with the GL24, and instead state something like this in your covering letter, then ring them and let them know you are appealing the decision and that it is on its way. and when you send it in, make sure it is send by Special Delivery so that it can be tracked and you'll know when it was received. I know postage prices were increased somewhat substantially in April, so if the cost of Special Delivery is a bit on the :yikes: :yikes: :yikes: :yikes: side, then at least send it Signed For/Recorded Delivery as, altho it isn't a guaranteed delivery service like Special Delivery, it can still be tracked and traced.
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