11 replies to this topic

[butterflyloop]

Hi peeps, I had been claiming higher rates of DLA for some years now as I had mobility issues, pain and dislocations and fatigue from a range of connective tissue problems.I got even sicker recently as my Lupus flared up and caused me to have a small stroke. Recently I had to fill in a form to renew my DLA but wasn't expecting any difficulties as I'm now in a wheelchair and am more poorly than ever with the recent diagnosis of Lupus. I'm sure you all know where this is going! I had already chosen my new car etc and got an answerphone message to say it was ready to pick up, then on the same day got a letter from DWP saying that I wasn't entitled to the DLA and was bowled over with shock. Obviously I'm appealing it again and again as long as it takes really.They recently reviewed their dicision process but the answer was the same - not entitled. MY g.p has just written them a letter asking what theyre playing at and making sure that they are aware of my eligibility and that in her medical opinion I am more than entitled etc. Does anyone else have any experience of this? I've never had a problem at all and have recently learnt to drive in an adapted automatic car which wouldn't have been possible without motability help. I'd love any help anyone can offer on this problem.

[Tinbasher]

Make sure you get professional advice with this. They will be able to identify what evidence the Dwp used to disallow you. Collect as much medical and social care evidence YOURSELF as you can. What part of the country are you in? I may be able to put you in touch with a suitable rep.

[butterflyloop]

Thanks, I live in sussex. I've just reappealed with my dr writing a letter but haven't heard anything back yet. Motability were disgusted and thankfully haven't taken the car off me yet as they knew I'm really dependant on it.

[Tinbasher]

A simple letter from your GP expressing outrage isnt going to do it. You need a letter setting out how your disability causes you problems that meet the criteria for DLA.

For DLA Mob that is you are "Unable to walk" or you are "Virtually unable to walk" this is a pretty stiff test and means you can walk but cannot manage more than a few mtrs without "severe discomfort".

Now you must have put something on your form that makes them feel this isnt the case so assuming you kept a copy of your form (you DID didn't you?) you need to go through it and see what they are using. This is best done by an expert and I would suggest either the CAB or your local disability organisation. If you submit the same evidence then the same result is likely.If it comes to a tribunal then you must attend. If you choose a hearing without you being thereb then the odds are stacked against you.
Tin

[butterflyloop]

Thanks for your advice. I am in agony 24/7 even excluding my spinal problem I'm in agony and couldn't walk much just before my numbness. My gp said that I qualified. When I appealed last time a lady from the DWP phoned me and asked a few questions. She basically said "tell me about your day" and we went through the routine. She asked if I can walk etc can I do this, that etc She asked me a whole load of questions about daily life ie shopping and the school runs etc then when my letter came through it said "you told us about your daily difficulties like shopping, but unfortunately we cannot take this into account" Seems strange that they would ask me things that were irrelevant. I have kept copies of everything that has been passed back and forth. My gp's letter said that I culdn't do stairs etc about my walking and severe pain. She made sure that they knew I was on strong pain relief and lupus medication too and that the prognosis isn't good and that they haven't been able to surgically repair/ reconstruct my pelvis and spine so it won't get better on it's own overnight.Next time I see an OT I'll get them to help but it's always tricky because I'm seen in so many different clinics ie Rheumatology, orthopaedics, rehab and musculoskeletal. My gp and I are now waiting to hear from them to hear their decision.

[greybeard]

butterflyloop, on 12 December 2011 - 11:13 AM, said:

She asked me a whole load of questions about daily life ie shopping and the school runs etc then when my letter came through it said "you told us about your daily difficulties like shopping, but unfortunately we cannot take this into account" Seems strange that they would ask me things that were irrelevant.

These are the trick questions they use to catch you out. Answering that you can manage shopping/school run, etc, to the DWP means you can get around just fine. They use all sorts of little ploys like making you park two hundred yards from the assessment centre. If you turn up for the appointment without a wheelchair, they know you can walk that far. You have to be as sneaky as the DWP in your answers. Be careful what you say to them ALWAYS.

[Tinbasher]

Greybeard is dead on.

You really need to understand how DLA works. It isn't enough to be disabled, you need to meet some very specific and very tight criteria.

Shopping, housework etc isn't considered its all about "personal care" which boils down to Bowels, Bladders, Bums and Baths.

Also remind anyone else who might answer the phone in your home NOT to answer any questions about you. Simply say they cannot talk about you without your consent.

[butterflyloop]

I'm very naive! I guess I just never thought about lyig or claiming benefit for something I didn't need. I feel very let down by them because I would never dream of lying or being dishonest but I know that there are so many people out there who ARE like this and I guess that they just have to filter out the wheat from the chaff. So I guess that's why theyve asked such odd things - hoping to catch me out. Luckily for me I've told the truth the whole way through and really need this help - it's the only benefit I've ever asked for and soon they'll have to see sense. You guys are brill

[greybeard]

I was not suggesting that you should lie.

But is easy for a questioner to get the wrong impression from a badly worded answer.

I repeat what I wrote: Just be careful about what you say.

[Edinburgh Colin]

It's not about lying, it's about presenting it correctly.

You need to assume when answering any question that you are having your worst day or are at your weakest.

If you can do the ironing only 4 days out of 5 then you can't do the ironing without assistance.

If you can cope with toilet issues 90 % of the time, then you cannot do it without assistance.

If you have a disastrous day, accidents, falls etc and you need help from someone to get back on an even keel then you cannot operate day to day without assistance.

You must always approach it from the lowest common denominator. It's a bit humbling and may make you feel bad that you are painting such a negative picture of yourself but the fact is you will find yourself in these situations and cannot cope without the help. The way the system works cannot provide you help just occasionally on the random days you need it so you need to try and get it as a baseline requirement.

Do not be ashamed to ask for it, the system is intended to help people just like you and me even if it's hard to make it do so.

good luck,

EC

[butterflyloop]

Thanks. It just seems insane that I was already receiving it and am actually far worse off health wise now than I was before! I could understand going through all this to claim first time but it's crazy. Must all be to do with targets, my car dealership were great when I rang to say that I couldn't pick up the brand new car cause they had not renewed my dla, they said it was the second case that week. The chap who does all the motability salesknows my hubby and he told him that in the same week a chap who was arranging his next car also went through the same thing, and that they had been very suprised considering that the gentleman had one leg amputated and is a full time wheelchair user! Naturally he's reapealling too. Thanks for understanding how it feels - it's almost as if I've been accused of dishonesty by the DWP but I feel better for having your input. I'm sure that the truth will win eventually, it has to!!

[brockit79]

Hey Butterfly,

I would recommend getting help to fill out your form; the bottom line is do what you need to do to get on. An organisation, which is nationwide, called Disability Information and Advice Line (DIAL)helped me and I sing their praises when I can.

Have a look to see what 3rd sector organisations are around in your area. I 2nd what Greybeard has said and Edinburgh Colin.

Best of luck in getting it sorted and getting mobile again!

Broc