Dla refusal again!

Hello everyone,

I got refused DLA, again today, you might ask whats new, but I wonder if anyone could remind me of the best thing to do.

I have already rang them straight away, and told them the doctor who visited me, appeared very nice to me and very concerned by my lack of mobility and my ailing health etc., yet the letter I received today from them stated false information of what I'm supposed to have told her, as in I can make and prepare a meal from scratch, (false), dont need any help with personal care (false), can walk 200 metres without, any help from anyone (false), do not need any care whatsoever from anyone (false), etc etc.

So could anyone else advise me what is the best course of action, apart from ringing them to protest about the false alligations, perhaps I will visit my doctor and ask for another report, and ring my local mla who helped me fill in my form, the rotton bas....

Thank you, from Claire xxx

54 Replies

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  • Hi Clairebm,

    I think the first step is to ring the people who filled in your form and see if they can help you. They should be able to help you. When I was refused DLA I had to have an appeal form sent off, the person who filled all my forms in did that for me. Then we found out I had to go to tribunal. The thing is Claire you have to fight. I always remember what I was told when I sent my first form off. Once your form is sent off the person that looks at it sits behind a desk all day and is not a qualified doctor, nurse or anything, That person looks through your form and decides yes or no. I honestly couldn't believe this when I was told. The DLA send refusals and tribunals out all the time, because they think people will get fed up and not carry on fighting. This is why you need to. I won my tribunal and I had loads of help. The man that filled my forms in used to work in the benefits offices and was so helpful. I also had an occupational therapy report and a GP form submitted too. Also the day of my appeal the same man that helped fill all my forms in and give us so much help, represented me at my appeal.

    We are all in the same boat, fighting for something that can help us live our lives just that little bit better and it upsets me to see timewasters and layabouts getting money for doing nothing. If they were in our shoes for just one day!

    I agree ask your doctor again also. Did you have anyone with you when they came to visit you? That person could also stick up for you, just to reiterate what you said really. The important thing is that you don't back down. We all have days when we are to sore, tired, achy, ect but this is why we need to keep fighting.

    Sorry if I've ranted on a bit. Gentle hugs hun ((((hugs)))) xxxxxxxx

  • Thank you so much Babista, for replying to me and giving me such helpful advice and for making me feel like I'm not alone, and I know that is one thing we can all feel at times as much as we love our family, friends, no one really understands and feels for us apart from ourselves here, as much as they want to really, as we are all in the same boat. And we all hope our boats are going in the same direction, and dont stop on the way for too long. (or flounder!!! too long either)

    My daughter answered the door to her, and let her in and stuck her nose in now and then, but didn't sit in, with me. However I am going to appeal, definitely,and going to go to my local mla who helped me fill in the form, to see if he can help me, I think he already said he would anyway. I may ask the doctor for my notes, I was told by one of the girls here, that she was able to buy her notes for £20, from a doctor who practiced in the surgery down the road from hers. I wonder can you buy reports from Hospitals? maybe I'll ask and see.

    When I rang the Dla decision makers office to say the reasons were false, that they refused my application with, the man said he would send my objection to the decision makers, and see what they said, but I did add that I'd be sending a letter as well, so I'll see what my MLA says, and docs.

    But I wont back down, definitely, that's what they want us all to do.

    Thanks again from CLaire, and no you did'nt go on to much, xxxxx

  • hi babebista ,just to politely nip in on this post,i read what you said with interest,how do you get the person that helped yu fill in your forms(you say he used to work in the benefits office?) and you say the same person went to your tribunal with you,could you advse me how you got hold of this person as i feel it would benefit me when i get my forms please advise xx

  • I was turned down 3 times so I applied again and same thing happened so I said rite that's its time to fight bk so after 16 long months armed with my sdlp rep won my case so never give up lv xox

  • I'd say tell them you want to appeal. If you do this they will first do a reconsideration so make sure you put in great detail every point you disagree with ( include how much help you need , for how long and for how many times a day ) .

    List everything you can't do in detail and tell them why . If they say you need another assessment, tell them you want it recording or make sure you have someone there who knows you well and make sure they write down every answer you give.

    As you've been awarded nothing, you have nothing to lose by asking for an appeal. Meantime, it sounds silly but you can also fill out another claim form. You'd be surprised how having a different pair of eyes look at your claim can make a difference ! Use the guides available on here or B&W site if you fill out another form because a lot depends on how you say things .

    Hit them on both fronts !

  • Hi Helen,

    Thank's for replying to me. Why would I fill in anther form, is that what you have to do?, and I think your'e right I did ring them but all I said that it was wrong information, and that I could'nt do all those things, etc, maybe I should ring them again too with a more detailed description of how far I cant walk or can, because also although I also told them It was false to say 'I' said to the doctor that I did'nt need any help with personal care, maybe I should be more explisive when I ring them and say how many minutes I need personal care with.

    They're very cruel to us, and now with all the talk of abolishing the welfare state thats been rumered about, it just scares us all so much more. I honestly would not be able to work, and really I loved my job. I worked as a special needs classroom assistant for 8 years, with a good wage why would I want to be poor and not work, are they mad or what.

    Anyway cant wait until Monday, maybe I'll start writing it out over the weekend, i'm going to fight fight fight, God give me strength.

    Thank you for all your advice, I will ask for fibroaction to email me some notes too, best wishes from Claire xxxxxxx

  • You can put in a new claim for DLA even while you have a claim ongoing, if nothing is being paid . It sounds odd, but it has been done. If you claim again the chances are it will be looked at by a different assessor and could have a different outcome. It is isn't like ESA where there is a waiting period.

    Sorry if I didn't make that clear.

    I'd advise against ringing and saying anything by phone. Write it down and send it recorded delivery . They have ways of twisting things on the phone and some people have found themselves unwittingly withdrawing their appeals . Always put it in writing and keep a copy .

    Good luck with the fight, get all the advice you can, keep copies of everything and keep us informed.

    Hugs

    xxx

  • Thank you Helen, I did ring them because I thought they would accept me just saying they refused me for false things and told them the false things that were said, he sounded shocked when he read it I presume online, and then said that the doctor did say all the things I said that were wrong with me and he did'nt understand why I was refused, unless she changed her mind when she examined me, so he then said he's send my objections to the dla decision makers, and I said my daughter was going to write a complaint letter to them, and he kept telling me to gather more letters of proof, but I told him they already had proof from my doctor on the form where he said I suffered from chronic fibroalgia, (diverticular disease, asthma, sinusitis, depression, anxiety, and weak foot due to major operation on it) and whatever else I cant remember, and he said just to look for more proof, thats all and try and include it, so I guess I can still appeal? as well, thanking you and take care, I thought if I rang they might make the decision quicker, and also a girl on this forum said she rand up to protest about the false things on her refusal letter, and she got it in a few days.

    Sorry for being a pessimest, but I probably will have to fight a lot to get anything out of them (knowing my luck as well)

    Take care and I will keep everyone informed best of wishes CLaire xxxxx

    Have a nice weekend, Claire xxxxx

  • It really is a battle at the moment Claire, so it pays to have everything in writing .

    You have 28 days to lodge an appeal or ask for a reconsideration , if you ask for appeal they will do a reconsideration anyway .

    I won't talk to them on the phone now, I refuse phone calls and have told them I will only respond to letters . Someone I know found that according to them she had changed her mind about appeal after a phone call from them, she hadn't, and she didn't find out until after the 28 days when she received a letter saying she had withdrawn her appeal verbally.

    They can't dispute letters , especially if sent recorded delivery.

    It's ridiculous that we have to do this, but necessary .

    xx

  • Thank you Julie I will remember that, they are so good at twisting your words anyway, will do that xxxx

  • I agree - write and explain exactly why you are appealin and what is wrong on their reasons for refusing you.

    Admin can email you the help-sheets from the Benefitsandwork website as FibroAction is a corporate member, you just need to ask Admin .

    They really do keep turning down valid claims in the hope you will just give up - horendous system isn't it?

    Julie xx

  • Hi JUlie,

    Oh it was you who advised me to get some help sheets from the Benefits and work site, through admin, thank you Julie I will, they want our blood that's what they want lol xxx it is an awful system and we all feel so unwell too, really, they're like dictators. What a life. But you have to keep going isin't it right?, you have to keep that fight in your blood, when sometimes you are tired.

    Thank's again Julie, best wishes from CLaire xxxxx

  • Hi Claire, i'm not sure how many people have noticed the following link, FionaP was kind enough to make us aware ot it, so do spread the word. It is a 10 min video about appealing I'm sure it will be really helpful all credit to FionaP smiles and hugs xx

  • Thank you Tess, I watched it, and it was very good, must look out for more, many thank's Claire xxxxx

  • hi,i sent in a complaint about false statments of atos dr report,i rang DWP and they said to send in a list off my complaints and they would look into it,that was two weeks ago,i had to laught at what you said about walking..200mtr seems to be their stock answer! every single person i have been in contact with says thets what they say!! lol so obvious they have the same answers to every question,,keep us posted xx

  • Hi Pondminstrel,

    Thank you for replying, yes they are so obvious, but when I rang up to complain when I got the letter of denial, of all the false statements, the fella read it and said that she wrote everything down that I said (about how my ill health affects me,) so he added that he did'nt understand why she put the other stuff then, and he got an epiphemy, and said "Oh I know, first she wrote down all you said, then she must have done her medical examination and changed her mind, or disagreed with you", always an excuse, honest to God hope I keep up the faith in my ability with help to appeal and eventually win, take care xxxx

  • Contact DWP and tell them you want to appeal and if possible get to your nearest CAB or similar organisation to help you with an appeal submission. If there was someone with you during your assessment make sure that they write a statement with as much information as possible about what happened & what was said by the assessor.

    Check your decision letter and see what it was that they based their decision on because with mine they never even contacted my GP for any information. The DWP should automatically carry out a reconsideration as part of the appeal procedure.

    Both my DLA awards were on reconsideration, the first time cos I got nowt and they hadn't even bothered to contact my doc. The second time I thought I should have had a higher award as I had deteriorated a lot but again they hadn't contacted my GP. I just made sure that shortly after I put in my appeal I made an appointment with my doc to tell her that it was possible that DWP would be in touch. By the time I got in to see her, she had the form in my file so filled it out while was there & said she would get it sent out that evening. Within a few days they'd increased the award which came as quite a surprise.

  • Hi Lima,

    Yes I will appeal and hopefully speak to my mla and doctor and will see what can be done, they are useless burgers!

    I'm glad you got your awards, we all deserve better treatment by them, best of luck, and wishes Claire xxxxx

  • can you tell me what a mla is please???

  • Hi. I went for my ESA appeal last Friday and won! My medical with atos (what a farse) that was two years ago. On the report they had put that I had regular visits from my parents, how strange? my parents died 9 and 4 years ago. Wish I had noticed that in my report last October when I had my DLA appeal! It was all lies he put, he said I could walk with out pain and at a normal pace, being able to cook, clean and do the ironing with out difficulty. So I`m wondering if I ring them and ask for them to reconsider as to the lies in my report?? Dont give up keep pushing ahead, keep up the fight. Talk about being honest? They wouldnt know honesty if it smacked them in the face!

  • Hi Sa,

    Congratulations on your appeal for you ESA, are they giving you it with 'support'?, I was on the Suppport, and then they reassessed me in February, and as I had just been diagnosed properly by a rheumy with fibro., I did'nt go on too much about all my other illnesses and they took the support off me and did'nt give it back to me when I complained and asked for a reconsideration, they just ignored me, and I have to go to a work related interview at the dhss next Wednesday. I wonder sometimes if I could get a job with a few hours a week would I be better off, but unfortunately firstly I would'nt be able for a job of any sort, if they took one look at my white 'sick' face they'd run a mile, also if they listened to me mixing my words up and forgeting sentences, they's ring my family up and tell them to take me home, can you imagine me working in a shop "What's that you said you want love?, I forget", and secondly it would screw up my finances, which are already screwed, but dont think I want them screwed up anymore than they are,

    I think you've six months to appeal a dla decision, which means I will probably have to wait forever for my appeal to be heard.

    Why do they do this to us?, are they trying to kill us off one by one lol, anyway take care and have a nice weekend Claire xxxxx

  • I agree on my report it said 200mt I could walk (I wish.) all my report was false but we all have to keep on fighting he said I walked from over the road my daughter dropped me off out side the door what a joke we should not have to keep getting rejected every time

  • keep appealing

    atos are employed to cut us off

    make no mistakes

    thats americans for you

    my neuropathy is nasty spreading n now muscle injury side of ribs

    makes life even more difficult

    so likely fibromyalgia

    id rather be fit

    not depressed suicidal

    not diabetic which i loathe

    my pain killers are

    tramadol

    paracetamol

    pre gabalin

    ibuprofen

    amitriptyline

    and they not effective

    i need mental heath assessment

    need a social worker

    i run a page on facebook

    mental health and support group

    please if need a chat pop by

    we'd add you

    and welcome you

    ian

  • Fantastic Ian, and I managed to read it well too, I'm on similar meds, Naproxen 500gm twice a day, (my doc asked me to cut it down to see if that's why I bleed intermittantly, as at my colonoscopy the surgeon said my diverticular disease was not causing me to be anemic and have low iron, I did and felt even worse, much worse, so I'm not cutting it down, anyway he did say 'try')

    Maxitram (tramadol) 150gm twice a day, think it eases pain a wee bit.

    Amitriptyline 10gm which I can take twice a day if I like, I dont I take one dose at night just.

    I also feel as if I need more help, and maybe could do well with a psychiatrist, but I know it's probably a symptom of fibro, and it angers me that no one so far has offered me any help (doctor etc), and I have'nt been called back by my rheumy, I feel I should write a letter of complaint. Also how do you get a social worker? I'm also thinking of changing my doc, he's really annoying me, hes there to help me not to look at me like an annoyed brother.

    What is your face book page called?, I might pop in and have a chat, take care from Claire, best wishes xx

  • mental health and support group

    im

    ian splodgenessabounds standing

  • now council tax getting scrapped along with most benefits

    i dread this

    ill end up dead or locked up

  • How are they scrapping it? what do you mean?, we don't have council tax here but we have all the other crap,

  • another thing the "leaders" of the country are millionares

    so have no grasp of disability or poverty

    see beckham wasnt in england team

    but coins it on sainsburys adds

    as i see it beckham is an american now

    paralympics have been good

    atos will use that as a bench mark you watch

  • You know I said that too that they will use it against us, but they are professional athlethics, disabled or not, they are great, not saying they're not, but I know what you mean

  • Get hold of your MP. They can help to put pressure on ATOS/DWP, also ask them firstly to look again at your claim, this will give you extra time to gather evidence for a possible Appeal.

    Cheers, Midori

  • Hi Midori,

    When I rang to refute their claims that I could walk 200 yards, and could'nt cook and did need help with my personal needs and care, they said they would send it back for a reconsideration, so can I appeal on top of that? take care Midori xx

  • Yes, you can use the time while they are reconsidering to start putting together evidence for an Appeal. even if you get something after reconsideration you can still go to Appeal.

    I got Low care after my consideration, and I'm now about to ask for Change of Circumstance as my condition has worsened consideably since March.

    Cheers, Midori

  • Thanks again Midori, and good luck in your re-consideration xxxxx

  • PLEASE, PLEASE look at the Benefits and Work (Guides you can trust). They can give you helpful tips for free or £19.45 will give you any info (obviously someone has to run website) on DLA, EBA, and the PIP, plus other stuff. This will last for a whole year.It is not just individduals that use this site but professionals too. I have just done it to help a friend who is feeling suicidal at being turned down again and not getting any money at all. Stopped everything. I think its worth it. Dont give up. Never give in to those heartless people. GOOD LUCK. Love Laurie x

  • I think someone mentioned on another thread that Fibroaction has a group membership to B&W so would be worthwhile contacting admin for downloads on claims and appeals.

  • Yes I think someone said something like that, I definitely will try, thank you Lima xxxx good night xx

  • Hi Laurie,

    The wording of your post made it seem I was untrustworthy. (Guides you can trust).Please be careful how you phrase things. It's good that I'm not easily upset.

    I'm not reporting this, it's too easy to get banned here.

    Cheers, Midori

  • Not sure if you will see my reply, as put it in wrong place. You have literally misunderstood. On the Benefits and Work name it literally states 'Benefits and Work' (Guides you can trust). You can check out the website yourself to check. What it is saying is the website and people on are there to help us and we can trust them. Maybe you were having a bad day and misread it.

  • Thank you Laurie Lee, I actually did have a look at it and tried to remember all the tips when I fillled in my form, I mean you should see what my 'mla' put down hardly anything, just the main 'important' points, I had to add to them, because he helped me to fill my claim in on a Saturday morning at his office and he had lots of interruptions, I was nearly sorry I did'nt go to someone else that had more time, maybe I should try someone else, but I'll try him first, he has the reputation for being the best, and I will try that B and Work site again, too, thank you, I can understand and feel such sympathy for your friend tell them I send my sympathy, it must be very hard for you, I can understand, because it's the first thing you think to yourself, "Am I able for this, how am I going to keep going?", silent questions we have to try and hide from our loved ones, how could they manage if the see the rock (the sick one) of the house folding inside, no you have to dust off the dust from your shoulders and say "Flip them anyway, I'm going to fight back, God help me, and give me strength".

    Thank you again and love to you too xxxxx

  • sorry claire, whats a mla?

  • Hi Laurie, its basically our local mp, mine helped me to fill my form in, xxx take care xxxx

  • Thank you everyone for all your help and advice, it means a lot to me gentle hugs and best wishes to all of you, and I hope you have a good weekend lots of love Claire xxxxxxxxxxxxx

  • good luck with your appeal i am currently on my 5th claim for dla after being refused each time before the last time i don't even think they bothered to look at my claim as i got my refusal letter back within a week lol this time i have been waiting nearly 6 months while they gather reports and am now going for an atos medical touch wood i might actually get somewhere this time . they are useless and i don't think they realise the impact that fibro has on ppl i have 2 carers who have to help me with washing and dressing and general household stuff i am also a single mum to 5 kids and i am paying my carers out of my own pocket i think its about time the decision makers actally read the facts on fibro or at least get someone on the decision board who has it maybe then we will get heard xx

  • julie and lima are right, contact admin for the benefit and works info. Laurie the admin can provide it now for free as they are members.

    go thru the report and refute each incorrect point- the b&w booklet helps.

    did your gp and consultant[s] write letters for you? or will they? ask them to send them direct to you so you can put it all in an appeal pack [copy them 1st] there is a form near the back that you fill in relevant points that they can use in these letters.

    wishing you luck, sandra.

  • Thank you Sandra, will do no my doctor just wrote on my form, basic info like what I suffer from and meds, broke his heart, don't know if they wrote for a letter from him he's been going on hols I think nearly every second week since end of June, nice if you can get it, but hes always in fowl form the day he comes back, I wonder if hes trying to retire, when he feels like it he can be charming, he's just left it on his holidays this past few months, I'm going to maybe try and go to his colleagues if I can, and maybe change to another doctors if not.

    Anyway cant wait to appeal, I rang them to complain but I'm going to appeal properly, will write out points tomorrow and then go back to my local mla who helped me write in the form and then try and see my most unobliging miserable doctor to see if he can give me a letter, and my notes, someone told me if you give them £20, they will give you your notes. Also I am going to ask the Hospitals about reports if its possible to get them at all. you would think the medical service get a bank hander from the government to slow it all down and help hinder it, just a thought.

    Thanks again, and gentle hugs Claire xxxxx

  • Sorry mad typing errors last one was back hander instead of bank hander!

  • Oh Pixie,

    Thank's for replying, and how on earth do you manage?, yes I know you told me how, God love you, and I think I'm bad, not being patronising, but my youngest will be 19 at the end of November, that's what I mean. But on the other hand I found children raised me up with their energy and curiousity and forever 'love', truthfully if anyone was ever to ask me the real happiest times of my life I would have to say when my children (I have 4 grown ones), were young at heart, they might have been a handful as they are but really I found them so fulfilling, anyway what ages are your children pet? it must be hard though with fibro, when you want and need loads of energy, maybe that's part of what I miss, that energy I had, nothing and I mean nothing fased me, or was too hard for me to accomplish, just surviving is a feat now, sad to say, but I try for my children to be as much upbeat as I can, don't know what i'd do without them, (and I've only two in the house now, God help them lol xxx)

    Yes I agree, with you on all counts, why would they imagine we would want a life with fibro, and not being able to do what we used to be able to do. I tried to explain to the doctor that visited me, what and active woman I used to do, but sure what do any of us expect from them or most of our blasted doctors, but thats another story I guess.

    Best of luck to you with your disability, it's a pity we all could'nt meet up to give each other even more support, isint it, but we'd probably not be able for the journey or the stress of it, take care love Claire xxxxx

  • I had this with my first letter it said all false info from what we wrote. It's stressful but keep fighting Hunnish.x

  • Thank you fibromum for your message, I think I messaged you a while ago, dont know (fibro fog) and it is stressful, cursed curses, anyway all we can do is try try and try again, hopefully we will all succeed. xxxx

  • hi clairebm thanx for your message back my kids range from 8 to 21 but they are fantastic they do so much for me so i keep the happy face on for them its hard to get through the day when a couple years ago i was so full of energy i usd to get the kids to school and by time they come home house was spotless top to bottom dinner was on and i was still raring to go but now i'm lucky if dinner is on but the kids are the reason i get out of bed and survive the day .. thanx for the luck i should know in 2 weeks hopefully and i will keep you updated xxx

  • Thank you Pixie, you lucky duck, I think children of all ages are brilliant, and yours are so good to you too.

    Its hard I know to constantly find strength and the will to keep going, (That's the way I feel I mean), you know what I mean, if we were all healthy all these things would be like clockwork like you say about you used to find it so easy to do housework, and so, what I love my family for esp., is how they just wash the delph or floor or start a wash off or put a washing out without even asking me, they know I need every but of help I can get, just to save me a little bit of pain and anguish, brilliant, they are, then when I can I dont mind doing whatever little I can, I love that, when I was healthy I can promise you I definitely had to ask a few times for them even to do a little work about the house.

    Anyway gotta go, take care, love Claire, and do keep me updated, thanks xxxxxxx

  • Wish I had known that I didnt have spend £19.45 for the D & W info., but could have got same info on here. Well at least I can help my friend who is feeling suicidal after all is benefits were stopped, backdating or 3 months. So difficult when feeling like hell myself, but at least the info helps me to know where to begin to help.

  • Hi Laurie, I know I hope I can upload them properly, will let you know xxxxx

  • i claimed esa and was refused there were a lot of false statements in my claim too i appealed and won. i think the best thing for u to do is ring up and ask for a appeal form though it could take a while for the appeal to go through but at the appeal u should be able to explain ur situation and that u cant do these things

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