Any help please, in a bit of shock!

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Any help please, in a bit of shock!

Postby evie15 » Sat Mar 23, 2013 10:52 am

Hi, I was wondering if anyone could help.

I recently applied for DLA as the things I could do have decreased a lot since last year.

In the forms I went into detail about why I couldn't do things because of pain and fatigue. I stated I cannot cook a meal for myself as I have in the past set fire to the pans in the kitchen as I have no attention span, I cannot read a long paragraph, let alone follow a recipe. I have anxiety and depression and cannot go out alone due to being attacked twice in the past and suffer panic attacks. I also have IBS and need help in the toilet. I need help with my treatment and medication as I forget to take my pills or when I have so have sometimes took two doses. I have dizziness and fall over because of it and have been to the drs with a nasty fll in the past.

I received a letter back saying I was entitled to nothing in care or mobility. All the things I have described that I cannot do, they have said I am able of doing and need no motivation, even though I stated I need constant motivation to do things.

The only thing they say I need help with is to wash/dry myself and get in and out of the shower. It's like they have ignored all of my answers and I just feel overwhelmed by it. I really can't believe it TBH.

I don't know what to do, I really don't have enough i me for a fight for it, but I feel sick and like I am going to pass out because of this injustice. I have no idea how they got this decision, I didn't even have a medical.

They say they got the info from my form and the GP report, but I have no idea how they can say I need help with washing and nothing else, I have severe depression and anxiety and constant pain and fatigue, along with all other things, I am at a loss TBH. :cry:
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Re: Any help please, in a bit of shock!

Postby sezzaden » Sat Mar 23, 2013 11:00 am

i got exactly the same response but they got my info from hospital from a specialist i had only seen once i appealed and have my tribunal in may (applied march 2012) make sure you fight for what you are entitled to
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Re: Any help please, in a bit of shock!

Postby evie15 » Sat Mar 23, 2013 11:12 am

I just worry about a tribunal, I get so confused when people speak to me or ask questions, I trip over words and get disorientated.
I don't think I could face the stress. i just don't understand how they say I only need help with washing but can prepare a meal for myself when I have explained I cannot.
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Re: Any help please, in a bit of shock!

Postby moomoos » Sat Mar 23, 2013 11:23 am

Hi, I'm really sorry to read your awful situation.

I dont really know anything about DLA as I'v not tried yet to apply for it, but will be doing soon, so I'm expecting the same sort of battles to come....

What I want to say to you tho is................ please go to your local Benefits Advice Centre, they can appoint a Benefits Adviser for you and they will fill in any forms for you and also attend tribunals with you and do the speaking for you if you cant/don't want to - do it for yourself. They used to be attached to the CAB, but I think they are separate now, or they are in my area anyway. Try looking them up online first, give them a ring on Monday. Sometimes there is a bit of a wait for an appt, but worth the wait. They will take some of the worry of your shoulders.

Really feel for you, take care xx
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Re: Any help please, in a bit of shock!

Postby babajane32 » Sat Mar 23, 2013 11:28 am

You need to contact them and ask for a reconsideration and to appeal. The appeal process will issue you with a copy of gp report in due course,you may be quite shocked when you see it. Often GPS do not bear out what we feel they should for many reasons,including if the do not make home visits as they cannot or will not write how the illness affect you at home if they do not see it for themselves, this might sound harsh,but the truth is they can't really say you need help with this that or the other if they either don't know that or have no input into it.....e.g if your continuance problems have not be refered to a clinic,specialist or distric nurse by your gps practice and they don't make home visits,then I. His knowledge only incidental comments which are probably not recorded will be in your notes and the gp will hence not be able to justify saying you have a problem or need help with it. ..this applies to almost everything . You could request a ho e atos visit possibly, you also can present fresh evidence at any time before an appeal date which can change their decision,but any fresh evidence needs to be relevant to the date of claim and not with regards now,as this could be some three or months later and considered a change in needs ( which would require a fresh claim once you have needed extra help for the required length of time...I think that's 3 or 6 months). At any time until the tribuneral date they can reconsider and as at appeal, a favourable decision would be backdated to the date of your initial claim.
Evidence you would be wise if appropriate to provide would be things like....information ,reports or copy medical records from any specialists,diagnosis, and copies of any meds,prescriptions etc. any information,reports,excercise s etc from any physiotherapists. Any information about adaptations you have or use...pretty anything you have that proves your illnesses and most importantly the affects they or any medications have on your daily life. You can request any copy medical notes from any hospital you have attended. All of these can help prove your needs and back up what you have told them. Unfortunately without at least some evidence it will be very hard to prove you require the amount of help stated you needs as there would be nothing showing anything in place because of these needs. Sorry my writing is a bit rubbish,hope some of this may help.
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Re: Any help please, in a bit of shock!

Postby babajane32 » Sat Mar 23, 2013 11:31 am

Definately also go to cab as they can help with appeal forms etc and you can take either a cab representative or career with you to an appeal to help, in fact I would strongly suggest always to take someone with you.
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Re: Any help please, in a bit of shock!

Postby evie15 » Sat Mar 23, 2013 11:31 am

Thanks so much.

So can I ask for my claim to be looked at again first? I would prefer this to having to go to a tribunal.
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Re: Any help please, in a bit of shock!

Postby evie15 » Sat Mar 23, 2013 11:32 am

I would have to take someone with me as I cannot go out alone.
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Re: Any help please, in a bit of shock!

Postby babajane32 » Sat Mar 23, 2013 11:40 am

Yes you can ask to have it looked at again,dwp usually do that anyway if you are going to appeal and they can look again at any time upto the appeal date, however because of the time factor and to cover you I would always ask to appeal at the first opportunity. If they look at it again favourably you can cancel the appeal at any time. Appeals are taking many many months so request one anyway,you have nothing to lose and at least it will be progressing. Again I can't emphasise enough the more evidence you supply at any point now,the better your chances for both reconsideration and appeal are. But don't be put off, try and try and try.....dla is there for the extra cost of help required,if you feel you need it,don't give up! Another good reason for starting the appeal process is that it gi es you an opportunity to see exactly what evidence they have used and what it says, I don't know whether you can see it otherwise, cab could advise you on that though.
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Re: Any help please, in a bit of shock!

Postby moomoos » Sat Mar 23, 2013 11:41 am

I believe you can appeal their decision, does it say on the letter? I know its hard to concentrate when upset, but it may say on the end of the letter they sent you.

Benefits Adviser will help you with all of this xx
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Re: Any help please, in a bit of shock!

Postby babajane32 » Sat Mar 23, 2013 11:43 am

...bit of food for thought....might not be correct or how it was or should be done,but from personal experience with a dla claim.....if you attend your gp surgery and he does not come to you home for appointments, unless your gp has written that someone goes with you on each visit the dwp often take that as you go to the gp with no problem on your own.....the. Draw a conclusion from it! That certainly happened to me. :(
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Re: Any help please, in a bit of shock!

Postby evie15 » Sat Mar 23, 2013 11:57 am

I go to the GP office with my mother, I only go in alone, but he knows my mother waits in reception. I also am not able to attend very often and only go once every few months as I am too ill in between to manage the appointments. I also have to cancel hospital and clinic appointments because of this and physio.

I have also told them I need someone with me all the time when out.

Can I ask for someone else to look at it again, I don't see that the same person would make a different decision.

I'm not upset anymore, I find it laughable now.

What I cannot understand is why he thinks I am capable of everything on the form but washing and drying myself, on what criteria do I need help for that then? Pain, fatigue or dizziness and then why do I not need help getting dressed or cooking food on those same issues?
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Re: Any help please, in a bit of shock!

Postby lolabolla » Sat Mar 23, 2013 12:31 pm

What you need to do is phone or write and ask for another decision.

If they still refuse you, just go to appeal

Statisticaly you have a better chance of winning at appeal.

Lola xx
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Re: Any help please, in a bit of shock!

Postby evie15 » Sat Mar 23, 2013 12:46 pm

Thank you all for your help, I was just in so much shock it was like my head was swimming, I lost my vision and couldn't believe they told me I could do all the things I had told them I couldn't and why I couldn't too.
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Re: Any help please, in a bit of shock!

Postby Borderslass » Sat Mar 23, 2013 2:27 pm

Hi there, I second the advice given regarding contacting a Welfare Rights Advisor, they take the stress away from you, you send them all your paperwork and they advise you accordingly.
There are time limits the DWP has set in place regarding appeals and in what format your appeal must be made, all weighted in their favour I may add.
The welfare rights advisor will be aware of the time limits and keep you on the right track, advise you what from to fill in and where to get them.
They are there to help, please make use of them.

Best of luck, keep fighting and try and try to stay positive, DWP make it difficult for everybody so you are not alone, we all have to fight for our rights, so take heart you can get there in the end.
Life too dull for you ! then Polish The Bright Side
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