DLA appeal

[Smily]

I got a reply from DLA refusing to award me any rate for either mobility or care. I went to the CAB because the person who helped me do the form was almost sure I was going to get some help but he wasn't there.

The person i spoke to didn't know much about this and his boss said to him that it wasn't worth to appeal if I had no reason, which put me off even if they didn't know a word about the case.

Anyway they gave me the form to appeal and told me to wait for an adviser but after over two hours I was so sick of the seat and felt so bad I had to leave.

I am thinking about writing the appeal myself and taking to the CAB next week for them to have a look. I am just afraid I don't say the right thing. I am hoping to go to tribunal where the benefit specialist will help - I can't see this lady until June 15th.

On what they based their response is not fully correct or correct at all, I thought the form was quite clear though, I don't understand why they seem to have mist some clear points like the fact that I am neglecting myself, I am at risk of dangers from dizzy spells and blackouts etc...

Tomorrow I have my ESA medical and after this experience i am really not expecting anything positive. The worst is that without the ESA I can't even afford my rent - I am in an awful situation. I am not sure if my solicitor can do anything about this - since all my problems come from a car accident and I am still waiting to close that claim.

I am really panicking and so fed up!!!!!!!!!!! I can't believe they refused to help at all, for some reason I was expecting a more positive answer - not a fair one but definetely a more human one.

Has anyone gone through a similar experience or have a good advise to give?

[juicyluci]

hi, im appalled at the way this system is ? they either dont realise how much pain this puts onto someone or from my experience they basically dont give a dam. ive been to a few esa medicals and to be honest it was awful, but here goes, if you have someone you can take all the better as moral support. its po luck who you get to do medical ,imagine its one of your bad days, ie, cant sit properly,cant stand/walk well.pain everywhere.tell them you arenot coping.they will ask if you want to self harm ? think about your answer carefully.they will get you to do some tests ie,hands above head,bending picking up off floor, remember this is your bad day ?? they watch everything you say and do.even on the cameras when you are in the waiting room,so obviously because its a bad day, you will i assume have problems with sitting and waiting? i cxant say enough about this being one of your worst days?.please please do appeal your dla.try and get in touch with cab and get a appointment with advisor,,you can also try fin d number in phone book for welfare rights,social services, and if no luck with cab get number from operator for head office ,and tell them that youve just been left high and dry.if all else fails go and see your mp they must have an office or phone you can get them on. just be straight and say you need help and advice,they can help as they did for me with esa and also jobseekers when i was on that.you must insist that you need help and if you do not get anything then go to local paper and state your case, i know it might seem extreme,but believe me you have to fight the system any way you can.they do not like it when you get the big guns involved. anyway i hope everything goes ok for tomorrow,good luck and keep trying

[melaney2012 in reply to juicyluci]

hi there i was refused my dla and mobility last august 2011.. ive been waiting 15 months for my appeal tribunal which ive just had today and they totally intimadted me .. i felt like i was a crook getn cross examined in a court .. they also told me even tho i had some much evidence that its all in my mind and rewarded me with nothing ... i think its because they no they owed me alot of back dated money .. everyone from my gp to cab told me i had a very strong case .. i have spine problems long term after having a accident 4 yrs ago and require amounts of morphine daily .. i really dont no where to turn now if i can emotionally go through another appeal ......what a waste of 15 months it was

[jacobwilliam]

hi i just sent a letter to the dla and explained just how i felt and what was happening to me and why i needed help i got the low rate for both dont give up i know its hard but if we keep fighting then maybe they will begin to understand

[jazher]

Hi i have just had a lady today helping me with my forms and she said that 90% of applications are getting turned down straight away. S o you must appeal as she said that 50% of appeals are winning.

Have they told you why they turned you down. You should ask for a copy of what your doctor has said too.

Good luck with.

hugs, kel xxxx

[Smily in reply to jazher]

To Athos? How can I get a copy of what my doctor has said?

[jazher in reply to Smily]

I rung the dla, when i got turned down last year and i asked why i was turned down and they said it was due to my gp, so i asked for a copy of the letter and they sent me it. It wasnt even my gp that filled it in and all it said was condition varies. So i gave up and now i am starting the fight again.

hugs, kel xxx

[Smily in reply to jazher]

Didn't you speak with your gp about that? S/he should be responsible for that then.

[jazher in reply to Smily]

I did speak with her and by then i had got worse and i was getting tested with other things too, so she said to me it would be better to leave that claim and re claim again when i had a full diagnosis done. hugs, kel xxx

[THG123]

My dla was taken away last september. since then I have been ''living'' on £57 a week. My care manager offers suggestions about what I might do, but doesn't seem to grasp that I need help to sort it all out. I know how fed up you must feel - I'm beginning to wonder why I bother trying to exist

[Nikki-1974]

The problems you face as common, the DLA don't recognize Fibromyalgia as a condition they consider it a ' generalized term ' therefore this is why people struggle. I know from experience about this, I have other ongoing problems too which made my application slightly easier but still took nearly 5 years before I go a decent decision.

[Tiggerooo]

Hi, I dont know if any fellow sufferes are aware of the following site: benefitsandwork.co.uk/disab...

which, if you join, for a small membership fee considering the information/assistance that comes with that membership, as it advises you of all the ins and outs of the difficult questions that you have to fill in on the forms for DLA/what they are looking for, and enable you to complete a comprehensive application, and to be honest its a wonderful site with such highly helpful info. Not long after I joined I had my application to put through again, and with the assistance given from the benefits and work site, after fighting so long and sitting in front of Appeal after Appeal, finally I got a letter to say I had been given my correct status of "High Rate Mobility and Middle Rate Care" !!!!!

I had got to the end of my tether just before this point, of yet another application with fear of yet another rejection, but when you have the information and support in wording and putting your application through with the site's advise (you find it all on the site) it really help so very much when understanding how to word the answers/knowing how to understand the questions and implications.

Then, this year I got a letter advising me that my allocation was now made "indefinate", unless requiring to apply again due to any changes. Honestly if you haven't already become a member of the online site mentioned, its "well" worth it...it took all the stressors away from me, gained fair results and enabled fair evaluation of my situation (as I also suffer from 3 other chronic conditions over and above the ME/CFS & the Fibromyalgia)-so greedy am I wanting to try too many things... hee hee! So through my now knowledgeable info from the site enabled an appropriate application, from the highly helpful information given on the site as I was struggling alone to find the way forward.

I do hope this helps anyone needing the assistance. It helped me SO much that I cant advise you strongly enough if you need help in wording things and advise for putting your case forward, the aforementioned site will always get TOP marks from me any day.

Warm hugs to all fellow sufferers of ME/CFS and Fibromyalgia, and take care of yourselves. Best wishes to all, Tiggs

[purpleblossom]

Hey Smily

Please don't leave it too late before you seek advice - wherever you go - be it the CAB again, or a good law firm who gives legal aid assistance (if you qualify) or if you don't qualify and if the CAB aren't helping you then you coud consider going to a good welfare benefits lawer/adviser who is willing to help you privately. There is a one month strict time limit for most welfare benefits appeals including dla appeals. The CAB advisor will have asked you for your reasons for appealling because they need to get a background from you as they don't understand our condition (sadly). I work as a part-time lawyer, have recently tried to go back to work with the help of access to work, was previously full time (before my accident before the fibro kicked in!) so that's why I know about the law and the timescales. PS I say this because I really do care being in this situation with fibro myself and it having turned my life upside down entirely ...this advice applies to everyone by the way please please don't leave it too late to appeal against your decision letter otherwise your CAB or legal advisers/law firm will not usually be able to help you. Best of luck with the appeal and if you need any further (informal legal advice) let me know I might be able to help as I deal with these appeals at work now xx

[Smily in reply to purpleblossom]

Thanks so much, pruppleblossom, I will count on you