DLA Upgrade refused

I currently receive DLA lower rate care which I won on appeal at the tribunal. I applied for an upgrade which has been refused, and I remain on the current rate.

I suffer from Lumber Spondylosis, Fibromyalgia, Arthritis in knee and shoulders, Plantar Fascilitis in right foot, Sleep Apnea, Bladder Incontinence and IBS. I have been tested for Angina as experience shortness of breath and tightness and pains in my chest and am waiting hospital appointment for suspected Meneires Disease, as I experience distorted noise in my left ear, dizzyness and nausea. My balance is seriously affected and I walk with a stick. I stumble numerous time throughout the day and have fallen a few times. Each time I get a bad bruise, from my stumbles or falls, my husband takes pictures so we can include these as supporting evidence.

I had a medical with OT and was recently awarded a Blue Badge.

I sent masses of supporting evidence including a letter from my doctor, the OT detailed report and letters from the hospitals. My doctor also gave me printouts from their system showing the dates I receive my latest injections in my shoulder and knee.

So! They detailed why they felt I did not qualify. Each response was absolutely unbelieveable. For example

Question33 - Do you need someone with you to guide or supervise you when walking outdoors in unfamiliar places?

I wrote: Due to the pain in my lower back and the problems I have with my balance where I stumble and fall I need someone with me to provide support and physical assistance if I do fall to support me and help me get up. I also expereince extreme tiredness, shortness of breadth and chest pains when walking just a few steps and would need someone with me when outdoors in an unfamiliar place as they would be able to help me find somewhere to rest and recover. I also suffer bladder incontinence and IBS and would need support and assistance in unfamiliar places, in finding suitable public toilets, and help me to clean and change myself should an accident occur.

They wrote:

Using suitable aids, although your walking is limited, you are not unable or virtually unable to walk.

Although you prefer someone with you, you don't need them to guide or supervise you when walking outside in places you dont know well. You need comfort and reassurance.

This means you are not entitled to either rate of mobility.

As far as I can see, I have clearly stated I need physical assistance, yet they say I need comfort and reassurance.

All their responses clearly ignore what I stated.

I have spoken to them on the phone, and asked for a reassesment and went over every single point and why I felt their decisions were wrong. I have also also asked for a written version of what they typed up.

I will wait to see what happens now.

10 Replies

  • Blimee, what can I say you poor thing, you really do need to be listened to and feel your life is valued a little your hardly a fake, I swear we are heading back to the work house days . But please get in touch with cab you need them there is a section they can use in their policy's that state when it would do more harm than good to your well being, they would be liable to negligence but you need citizens advice for this. Its the Black Triangle Group who are defenders of disabilities rights. Please look them up.

  • If you are unable to carry out tasks safely, reliably and/or repeatedly then that should be taken into account - when you put in your appeal remember to use those words - especially when describing activities like walking, etc. On your letter does the DM state that they have actually taken what your GP and/or Consultant had said into account - I know that there was no mention on mine and I used that fact as one of my grounds for appeal.

    Nil illigitimi carbonundrum!

  • Hi Lima

    I have used that exact phrase on numerous questions throughout the form.

    They State:

    I made my decision using the information about your illnesses and disabilities from your:

    Claim form

    The extra information you gave us

    Current Treatment


    Test Results


  • They haven't specifically mentioned that they used any reports from your GP/Consultant so, personally, I would be informing the DM that they hadn't contacted them before making a decision

  • Hello, when I read all the things everyone has been through I just count mt blessings when I applied for DLA over 4yrs ago, Age concern came to my home and helped me with the form filling, I got turned down first time and then appealed my GP refused to submit anything to help me so I had the DLA doctor who came to my home an elderly gent, smart and grey haired didn't make much conversation other than what he wanted to know! I have only a 2 seat settee so when I go up to get something for him and came back and sat on the Poufee I forgot that as it has no arms on it I knew I wouldn't be able to get up from it, so when he got up to go and saw I couldn't get up, he helped me then sat down wrote something and said I would here in a weeks time, and I got High DLA. So all I can say is don't give up and ask if someone can come to your home! Good luck...Aisha x

  • OMG!thats so unfair and cruel.Iam so lucky as I have only fm to contest with and I got awarded the high rate for care and mobility after I asked for a re-assessment.I was originally on the low rate but was advised by my social worker that I should get a higher rate and they sent someone round from the CAB to do the form.I don't even have as much difficulties as you have,why would they give it to one and not someone else who by all accounts has a lot more difficulties.My heart goes out to you?Do you have a social worker?Maybe they can help?Dont give up cos you really deserve it x

  • i have polycystic kidneys and liver waiting for transpant i have copd asthma under ative thyroids i suffer from chonic deppression panick attack anxiety arthritis in lower bk & arm hands and neck i have a bone bar growing in my neck that restric my movement to 50% i have carpal tunnel symdrome in both hands and of cos fibromalgia i used to get dla indeferate which i throught was for live now they took it from me i only get low care side there wording in there letter to me is word for word the same as shazzap the lady above i need help inside and out every step i take hurt i cant really use my hands there aint much i can do oh yeh i can wipe my own bk side lol

  • don,t hold you,r breath, they don,t care about suppport or helping. this goverment hates people especually if you are disabled. i have tried 3 times for up grade and have been turned down each time. and was told if i try again i will lose all my benefits so now i manage with help from my sons, i have had to sell my bedroom suite and table and chairs to enable me to stay in my house, hope you get some help, some people is lucky and get the help, but alot don,t so good luck

  • Hi exactly the same happened to me. I have asthma, fibromyalgia, arthritis, underactive thyroid, I fall quite often, and walk with a stick but turned down after the appeal. It's with all the cut backs and people claiming when there's nothing wrong it has spoiled it for the rest of us. Apparently this PIP is worse.

    I don't know what else to do.


  • Hi I,v just put in my 5 the claim for DLA I have stage 3 copd arthritis in most joints hemophilia I can't walk so I have my scooter and walker for indoors I have loads of aids in my sheltered housing flat cords in every room pendent round my neck as I fall a lot with my breathing being very bad I,m limited to wat I can do I have a walk in shower but still find it very hard I can't dry my self so Idrip dry in my dressing gown as u need to bbreath to do everything I don't get much done every week I have my meds delivered from the chemist a carrier bag most weeks I,m on so much meds for other illnesses as well I was turned down 3 times they say I can do most things at my own pace in my own time I saw their Dr Wednesday and I,m not holding my breath I wud like to c one of them walk in my shoes for a week I don't think they wud manage one day they give DLA high rate to people who take drugs who hear voices stop taking drugs then u wudnt hear the voices I,v got a terminal illness and can't get it its all wrong so so wrong

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