Turned down for DLA: Last Friday I went... - Lung Conditions C...

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Turned down for DLA

onamission profile image
35 Replies

Last Friday I went to my local job centre they phoned DLA and we were told they were still waiting for the GP report and could not make a decision until they get this report.

I got a letter dated Saturday last saying they had tuned me down and listed of information they used they said a GP report dated 6th November 2013 I find this totally amassing my GP did not write the report till the 12th November 2013.

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onamission profile image
onamission
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35 Replies
stone-UK profile image
stone-UK

Hi

Apply for a reconsideration, asking for case papers. When you see the evidence that was used to deny your claim you may be able to correct and overturn the decision ( as I did, only took ten days).

This will not stop you appealing , if you cannot come to satisfactory conclusion.

onamission profile image
onamission in reply to stone-UK

Hi Stone they turned me down October my claim went in March I asked them to reconsider and they still turn me down they have done this without seeing the report from my GP but claim they have.

helingmic profile image
helingmic in reply to onamission

Take yourself to the Citizen's Advice Bureau, they have a long experience of turned down applications! They would help you., because they know what to write, as there are some criteria written in their way that they cannot turn down. Reapply with the help of the CAB.

onamission profile image
onamission in reply to helingmic

Hi Helingmic the problem is I'm not a pensioner so I can't go to age concern and the CAB don't have the funds in our area it makes me so angry when I spent all my working life in the NHS working permanent nights doing as much as 60 hours a week paying shed loads of tax, my husband works very hard for his wages. You are right I do need someone to fill in the form for me.

Toci profile image
Toci in reply to onamission

Talk to the BLF about the form. It is often just a question of how things are phrased. :)

onamission profile image
onamission in reply to Toci

thanks Toci I have been to job centre this morning and I have been told to fill in another form for PIP and I have been told to put everything on the form how COPD effects my life instead of just putting COPD and the medication I take for it.

They must be working Saturdays because they are so busy with all the cases they are going through a good sign the job centre are helping speed the case up for you. Can the job centre help with another phone call to DLA now a letter has arrived.

onamission profile image
onamission in reply to

I'm going to the job centre on Friday I think they have lost the report from my GP or why did they tell the benefit advisor from the job centre on the 10th they had not received the report and on the 11th turn me down.

Toci profile image
Toci in reply to onamission

The right hand has absolutely no idea of what the left hand is doing. I despair of them ever getting this right.

JabbatheHut profile image
JabbatheHut in reply to Toci

The DWP have their own doctors that give advice that the decision maker will use when making a decision on DLA award. Half a million people will be loosing DLA / PIP there will be a growing list of misfortune heading for Tribunals gather your evidence copies of anything you are counting on then make your case.

onamission profile image
onamission in reply to JabbatheHut

Thank you JabbatheHint I have requested the file today but it has been sent off I have just sent a letter to the local MP's I'm not going to let them get away with this I would like to get the decision makers and put a 32 stone weight on their chest and ask them how they feel.

hopetorun profile image
hopetorun in reply to onamission

perhaps if you put 32 stone in weight on you would get the benifit!!!!!

onamission profile image
onamission in reply to hopetorun

Hi Hopetorun our pct is spending £18,000 on each bariatric operation when I came out of the pain clinic a few weeks ago after being told I would have to wait for a spine block as they had no money in that department the bariatric clinic was full all being put on the surgery list life is not fair

MrFlicks profile image
MrFlicks

Just out of interest onamission are you referring to the new PIP's thing that replaced DLA?

If so I was on the phone today to Capita/PIP's dept and was left with the impression that other reports from more than just those done by the likes of Capita contributed to decisions that are made but wasn't sure.

If what you are saying is the case in regards to PIP's which is what DLA is now known as then it is interesting that GP's reports have been cited as counting in your case as it's all very confusing and I was left a bit miffed by what was said to me on the phone earlier today.

Bad luck on not being awrarded it! I myself am very worried about not being awarded it to as it will mean I shall never be able to go more than about 3 or 4 miles from where I live for the relatively short time I likely have left.

You are likely very down right now I would assume and can only suggest you appeal...

in reply to MrFlicks

Special measures if time left is short

onamission profile image
onamission in reply to

not sure I understand what you mean CrispyDuck

onamission profile image
onamission in reply to MrFlicks

Hi Mr Flicks, my claim was put in for DLA in March 2013 it was before PIP they turned me down I asked for all the evidence they used to come to the conclusion they list GP and lots of other things I asked for the GP report it took them 5 weeks and still no report this proves they had not contacted my GP I aske them to look at it again they said they would and I have explained about the letter I got from them today but my first claim was under the old DLA

gill1962 profile image
gill1962

I have put in for dla I had an assesment last week , did you have one , I got refussed twice this is my 3rd time

onamission profile image
onamission in reply to gill1962

Hi Gill no I did not have an assessment sent in breathing test which clearly shows I'm level 4 COPD good luck with yours

ingy profile image
ingy

always ask for copy of the case papers. you would be surprised at things they say which is not true. Then appeal after asking them to look at it again. Think they turn you down hoping you cant be bothered taking it further. Good luck

onamission profile image
onamission in reply to ingy

Thank you Ingy I phoned today and asked for the papers they said they had been sent off and would take 10 days to get them back

delilah profile image
delilah

Sorry you are having such a struggle to get what you need it's hard to fight when you are ill.

Someone I know has a relative who has been off work with stress since early Dec; She works for the DWP and was put on a 'section' dedicated to taking people off benefits. Didn't take her long to realise that most of those being targeted were very vulnerable and had nowhere else to turn but with 'trainers' standing over her she had to do it. Unable to sleep or eat the stress almost drove her to breaking point and she's been on the sick ever since.

onamission profile image
onamission in reply to delilah

Hi Delilah the benefit advisor at the job centre is not happy because when she phoned on Friday 11th she was told they had not had the GP report so not only are they lying to us but them as well.

delilah profile image
delilah in reply to onamission

All done to cause claiments max; stress & humiliation, no doubt hoping that they'll get so fed up in the end they'll give up.

Don't you do that onamission, challenging them is worth it. Good luck.

Offcut profile image
Offcut

I had a spell when Banks and the DWP were saying they had never received my posts to them. I ended up sending them all by recorded delivery. Not one of them got lost? I spoke to the post office and they claim that less than .02% get lost or are late. I think the problem is they have so much coming in they do not bother with some as it is not their money that is being forgotten.

With the reports not even being relevant how can they make a decision based on no information? I had to fight for my ESA and also even been paid as they acted on unproven information.

Get in touch with your MP.

Be Well

onamission profile image
onamission in reply to Offcut

Hi Offcut I sent a letter to the MPs last night clearly pointing out this system does not work, I'm also looking at human rights its about time they had a rocket you know where

Offcut profile image
Offcut in reply to onamission

They are making their own rules up government building regs. state disability parking must not be more than 50 metres away from the entrance to a building but DLA/PIP state that you should not be able to walk more than 20 metres to be able to claim?

onamission profile image
onamission in reply to Offcut

Hi Offcut the more I hear the more I cringe I'm going to contact disability rights will have a look later for an address.

Offcut profile image
Offcut in reply to onamission

I think it is the equal rights commission.

equalityhumanrights.com/

onamission profile image
onamission in reply to Offcut

Thank you I will look at this now.

onamission profile image
onamission

I have asked my MP's for a change in the rules so that all people with lung conditions are dealt with in this way after all none of us are going to improve over night

Kathygwanny profile image
Kathygwanny

Hi, persevere with your claim. That's the best advice I can give. I was refused DLA twice a few years ago and at the second tribunal was awarded it and told I should have been given it in the first place. A friend of mine who is very unwell, although not with COPD, was at her FOURTH tribunal this week and they have finally awarded her the benefit!!! Your local Social Work, (in Scotland) or Social Services elsewhere have Welfare Rights departments and they can advise, speak for you at Tribunals etc. They helped me a great deal.

onamission profile image
onamission in reply to Kathygwanny

thank you for your support but I think I made the mistake of putting I have COPD and not going in to great detail so I will see what the file of evidence they used to turn me down is and then take it from there I just except that people who work in these departments dealing with people who have disability's should know how our lives are affected they can't even be bothered to Google.

Kathygwanny profile image
Kathygwanny in reply to onamission

Hi again. I think what helped me, after being advised by Welfare Rights and the nurse at Pulmonary rehab, is to put as much information about your health problems on the form. Give detailed answers to the questions, bearing in mind to put 'worst case scenario' days. Don't lie, don't exaggerate but be completely honest about how bad things can be at times. It's a long, tedious job doing these forms but the more information you give the less they can query. As I said, persevere. That's what I was told. Good luck.

onamission profile image
onamission in reply to Kathygwanny

Yes you are right we will see what information they used to turn me down

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