Should I retract my DLA Appeal

I have recently been awarded low rate mobility by the DLA. They literally made the decision within 3 days of my claim, and based it on the fact that due to anxiety and depressions I need supervision when walking in unfamiliar places. They totally ignored the fact that my main diagnosis is Fibro (although the anx & Dep is also true). I wrote to appeal the decision and they replied to say they were re-looking at my claim. They have asked for doctors report (which I have seen and is very supportive). Now they phoned today to say they are sending an ATOS Dr. on Friday morning. I told them it was too short notice. I feel too ill to go through all this. If I stop my appeal will they take away the current award, or can they not do that if I stop the appeal. What would any of you do? I am so undecided as I know I am entitled to this, but it is making me even more ill thinking about it.

HELP!1

p.s. am new to here so if have brolen protocols by posting such long question I apologise.

12 Replies

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  • Welcome, no question is too long or short if you have a worry we are here to read and try to help ... I know many people On here have appealed and have posted of their success some are still going through the processI am hoping they will soon pick up on your question and post their helpful advice soon.

    Sorry I wasn't more helpful but it sounds as if your GPS letter is very supportive, but I just wanted to welcome you and reassure you your question is fine and I hope you enjoy your time here with us.

    VG x

  • It is very risky putting them off IMO, there is no way of telling what they might do with your claim if you refuse to see them. The way they will look at it is, they are coming to you home so there is no excuse not to let them see you. But it is up to you.

  • Hi, i have been through an appeal process all the way to a tribunal a couple of years ago but not for DLA so i don't know if it will affect your current award. I couldn't have gone through with it without the help of my local Community Advice Service, who handled everything and came to the tribunal with me. I have similar problems to you in that i need help in unfamiliar places due to PTSD in addition to mobility problems due to fibro. If i were you i would talk to someone either at your local CAB or CAS before making a decision to pull out of an appeal. But don't forget that as they are having another look at your claim that they may decide to award mobility at a higher rate without you having to go all the way to a tribunal. If you have a support worker and/or a mental health worker then give their details to the DLA also as they can provide supporting evidence and keep in mind that that your mental health problems and fibro can affect each other making both worse.

    I hope helps and makes sense as my concentration isn't at its best today. Good luck if you decide to carry on with the appeal. Take care.

    Tyra

  • I used to get help filling out forms now they s as y there is no one to do it you must do it yourself family or friend or citezens advice bureau I had to ape as l for Fla b4 you can't tell them short notice cos coming to see u..if your a mess good let them see that you don't want to look great..if your in your nannies so be it..don't go to trouble for them do t offer tea rather..the rats don't deserve it

  • Thanks for your replies. I haven't put them off for any sinister reason, but Friday is not feasible as I don't have time to get anyone to sit with me or prepare. It got me in a state just receiving the telephone call.

    They are welcome to come and ask what they need, but am worried I'll make a fool of myself in front of them as I get so anxious and upset. It also happens that the fibro has flared this last couple of days so I feel I am battling on two fronts. They said they will ring to re-arrange the appointment. I'm just not sure I'm strong enough to take this all the way to tribunal- though my GP says he thinks I should if this re assessment fails.

  • Hopefully you won't have to appeal, if you do, there are people out there who you can contact by phone that will put a case together for you, post them the paperwork and they will take care of it. Look up LSC on google.

  • I know it's upsetting and possibly embarrassing, gardaqueen, but it may be the best thing if they see you at your worse, ungroomed and anxious.

    I'm sure they won't be unkind or nasty - in that unlikely event, you could just demand that they leave.

    If you just relax and let it happen, you may find that it's not as bad as you thought, and then you'll have got it over with.

    I'm so sorry you are feeling upset and anxious, it's good you have found our site where you will always be welcome.

    Take care

    Moffy xxx

  • Thank you for your support and the welcome to the site.

    I don't think I've ever known a system such as this for making you

    feel like a criminal.

    I've just read a book about the 'STASI' in east Germany - not much difference really.

  • I think ladymoth is right. You should let them see you anxious and in the middle of a flare, this way they will see how bad it is for you. And I dont think they would nasty either. Sometimes it is better to get it over with as soon as possible then you dont have to worry.

    good luck

    xx

  • This info may help:

    fibroaction.org/Pages/Benef...

    It includes the details of a number of specialist organisations concentrating on benefits advice.

    If you haven't already got the Benefits & Work guides, email info@fibroaction.org to get them for free.

  • omg you could be me, i was also awarded lrm on the grounds of my depression/anxiety and that it was because i needed supervision while walking in unfamiliar places. They totally ignored my fibro and M.E so i decided to go to appeal as i felt i deserved the higher rate. while waiting for a date for the appeal i was getting more ill, it was stressing me out and one of the other reason i stopped my appeal was that i found out that they can also take what you have already been awarded off you so that ment i could loose it altogether and i really couldnt afford it. That was a year ago and my fibro/ME has got alot worse so im thinking of ringing them and telling them ive got worse but im still worried incase they take my lrm off me....... im sorry that i wasnt much help, i just wanted to let you know you wasnt the only one in your position. Gentle hugs. Hilly xx

  • Hilly

    I am so sorry to hear you are going through this too. I think the government banks on the fact that for some people the process is just too onerous. It's damned if you do and damned if you don't. If you appeal they put you through hoops and if you withdraw your appeal they think you have something to hide.

    Take care

    Gentle hugs

    Gardaqueen

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