Don't know if I can appeal now, please read.

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Don't know if I can appeal now, please read.

Postby Mags1970 » Thu Feb 20, 2014 3:03 pm

Hi, I had been advised by my gp to apply for dla due to FM,spinal stenosis, oesto of the spine and cfs,I have been turned down flat and when I told my gp she said She couldn't believe it and was hoping I was appealing the desion, after going to a community support group they had asked dwp to send a copy of the evidence used to make the decision, the dwp said my gp report was very comprehensive, and they would post it out to me. A typed letter of the decision has arrived and no gp report, and going by the letter it seems as if my gp has said I can do everything I can't!!! I'm so confused!! The lady helping me is off on hols and I don't know where to turn next,why would my gp say she would support me 100 % and then do this!!!

My meds are brutrans patches 20mg, dulexotine, nortripine, naproxen, paracetamol, robaxin, all daily.

I have an appointment with my gp end of next week but the stress of this is flaring me up so badly, please is it worth my while even appealing this as it seems my gp is saying 1 thing to me and writings a other to the dla.

Thanks for reading
Mags
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Re: Don't know if I can appeal now, please read.

Postby FluppyPuffy » Thu Feb 20, 2014 5:34 pm

Usually an appeal needs to be submitted within something like 28 days/1 month of the notification of your fate, so if you have time to do so, it could well be worth doing if.

Depending on the date you need to have your appeal submission returned by, with the lady helping you being on holiday, and it being next week before you can see your GP, if time is short, you can send off the initial notification that you are intending to appeal their decision, and state on it that you will be submitting additional evidence when you have seen the necessary people about things.
Mags1970 wrote:Hi, I had been advised by my gp to apply for dla due to FM,spinal stenosis, oesto of the spine and cfs,I have been turned down flat and when I told my gp she said She couldn't believe it and was hoping I was appealing the desion, after going to a community support group they had asked dwp to send a copy of the evidence used to make the decision, the dwp said my gp report was very comprehensive, and they would post it out to me. A typed letter of the decision has arrived and no gp report, and going by the letter it seems as if my gp has said I can do everything I can't!!! I'm so confused!! The lady helping me is off on hols and I don't know where to turn next,why would my gp say she would support me 100 % and then do this!!!

You need to contact DWP and say that you want copies of all the paperwork relating to your claim sending to you, incl the "Statement Of Reasons" which tells you how they have come to the decision about your fate that they have advised you off. Once you have this, you can start to pull it apart and use it as the basis for your appeal.

As for your GP, it's highly unlikely she will have said one thing to you, then written something very different, esp with the suggestion about making the claim coming from her. More often than not, DWP apply their own interpretation to what is said when a claim is made, even tho it may be in front of them in LARGE PINK LETTERS in words of less than 1 syllable just how someone is affected by their conditions/illnesses. Hopefully this will be the case for you when you get your copies and can read thru what your GP has said :fingerscrossed: :fingerscrossed: :fingerscrossed:

I know it is ultimately your decision, but it is always worth seriously considering appealing a decision if you believe it should be different to what DWP has said.
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Re: Don't know if I can appeal now, please read.

Postby Mags1970 » Thu Feb 20, 2014 7:48 pm

Hi fluffy puppy, thanks for reading and your advice, I just was so shocked when I read the reasons given from supposedly my gp they said, I can do apparently everything for myself and need help with nothing, before I applied my gp actually said to me

"Are you claiming dla, I said no, and her response was, I know they are putting a lot of people off it but I don't want that to put you off applying as genuine people like you deserve it, she told me to get the form and leave it into her and she would support me 100%!

The part on the dla form from the person who knows you best she wrote, severe degenerative disc disease, fibro affecting all aspects of daily living and she said if they write to her she would answer any other questions they needed to know, she advised me to relook at my life and start accepting that things had changed, she was also treating me for depression but now I'm wondering even though she knows I'm in severe pain and suffering depression and anxiety maybe she dosent know my care needs.


Mags
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Re: Don't know if I can appeal now, please read.

Postby Mags1970 » Thu Feb 20, 2014 8:10 pm

Sorry I meant to say I've had the spine problem for 7 years, I've spent thousands on physios etc, had 11 spinal injections and struggled to hold down a job,I had been starting to get worse with widespread pain a few years ago and put this down to nerve pain over my body from my spine,but it is a combination of both, the fibro the pain clinic diagnosed in August makes sense with the brain fog, no sleep etc, and everything else that goes along with it.

I am going to appeal but does anyone know if my gp will have notes of all the private treatments I've paid for, and how do I go about optaining surgeon reports and pain clinic reports for appeal, sorry I've never claimed before for benefits.

Mags
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Re: Don't know if I can appeal now, please read.

Postby bandj » Thu Feb 20, 2014 8:45 pm

Definitely appeal! It can be a scary process but stay focused and keep at it. With DLA/PIP forms, you really do need to think about the worst day possible and put it down on the forms exactly what your needs are. You should be able to get copies of consultants letters, etc through the hospital or your GP may be able to print them off for you. There may be a slight charge.

We had to go to appeal for my hubby and it was not easy. Especially as we turned up to the appeal to find one of the people on the panel of 3 was the coroner who had dealt with hubby's late wife inquest!! Also, there was a man in a wheelchair and he was so rude and unpleasant to my poor hubby. He was so stressed and depressed afterwards, he went right down. But they put him on the mobility rate and when things worsened later, they changed his award with no fuss.

I think getting onto DLA is the hardest part. Once you're on it, it seems as if things poodle along quite nicely.

keep plugging away and don't give up. This is the hardest thing to do, not give up, but you can do it.

Take care and keep us updated.
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