DLA unsuccessfull RANT!! :-(

I applied for DLA in March 2011, I had a 'no' reply in June 2011, it finally went to a tribunal hearing at end of October 2012!!! Which has been unsuccesful and have been informed I'm not emtitled on any level for care or mobility.

I have arthritis, lupus, raynauds, fibromyalgia etc to name but a few.

My daily medications are

Varbim XL 1.5mg

Lansoprazole 15mg

Leflunomide 20mg

Lacri-lube eye ointment

Meloxican 15mg

Co-codamol 30mg/500mg - 8 daily

Pamipril 10mg

Glandosane artificial saliva spray

I took along evidence of all this along with mri brain scans which shows inflammation in my brain, cardiologist reports showing inflammation and the start of heart disease in one artery,rheumatology reports stating I'm in daily pain and struggle with mobility. Neurology reports showing very poor memory scores.

I've also held a blue badge for over 2 years, the local council have fitted me with handrails to front and back off house, moved me to a bungalow as I'm unable to manage stairs and fitted me with a level access shower as I'm unable to lift my leg for the bath. I've also got foot drop on my left side and general weakness and nerve damage on my right side leg/foot.

Every question they asked me I answered honestly and made it clear I don't have 'good' days. I was asked if I could peel a potato I said no as I'm unable to even hold a pen to write due to my fingers being so rigid, also could I cut my own toenails, again I answered no. I explained how I need help to lift my leg to get in the car etc, how my family have to carry my dinner in to me etc as my hands are so week I drop everything.

The dss had a gentlemen there at tribunal hearing for defence he asked a few questions which I answered honestly.

We came out of the tribunal, even the dss guy thought I would receive it on speaking to him outside the court room but he did say even he can't call it anymore as when he thinks someone should be genuinely entitled to it they don't get it but those in his opinion should not receive it end up getting higher levels.

Basically its taken up 18 months of my life to no avail. Its all just a joke really and the decision dosent seem to be based on your actual illness and your daily struggle with life but more on the particular panel and area you are applying at. Iv other options to me now other than just carry on in pain, freezing because I can't afford the heating on. The benefit system is a complete joke nd not looking after those who need it most.

18 Replies

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  • hi am so sorry for what your going through,

    what is your next option can you appeal this dissision [ spell ]

    if you cant appeal this then can you put in a new claim?

    dont give up.

    google what to do next, there are plently of sites out there

    with people in the same boat

    please dont give up hugs xx.

  • Yes get advice from your local CAB on what you can do next - also seek the advice from your GP

    Lullabelle x

  • That is awful news for you, I guess I was luckier than you, I got turned down but went to appeal, but was then granted low care and higher mobility. Mind you, the appeal process was awful and it was like being interrogated by the gestapo! I have to go through it all again next December when it runs out and am not looking forward to that at all. A horrible experience but at least in the end I was awarded it. I am so sorry you were unsuccessful. x

  • The CAB helped me with my claim and appeal they thought with all the evidence I had that there wouldn't be a problem on tribunal day. I was all ready for the barrage of questions and answered them honestly because I genuinely am unable to do the things they asked! As I said even the guy for the defence from the DSS office after the hearing thought I'd be granted it, so I'm sure he would be as surprised as I was the next day to get a letter to say it was unsucessful on all levels.

    Perhaps in a couple of years I'll reaply but for now I just have to accept that's the decision and there's nothing I can do about it.

    Thanks everybody for your support though it really means a lot x good luck to you all in your claims/renewals x x

  • I was so shocked to read about what has happened to you. It is totally outrageous! If you don't qualify who does? There must be something that can be done. I hope when you find the energy the CAB can help you further. I am speechless. Wishing you good luck x

  • I too am waiting after being turned down I was told to appeal but so far not even a letter to say they are looking into it. About 7 months. I get my money taken away in February regardless and have to reapply. I get 3monthly phone calls to see if I have improved I then panic in case it is one of my better days we all know what they are. I hope you have the strengh to keep trying I am actually beginning to think we need to hold a rally. Since this government got in my kids are worried about having kids because they are getting money taken off them all over the place even thou they have always worked and I am being penalised for being ill. What next. Not that I think any government will be any better. Rant over going to have a nice day with my 1grandaughter her smile makes all the difference. Try and have a good day. X

  • Something has to be done. If you can't get help, who can?

    I'm in the process of filling mine in. Like you, I'm struggling to heat the house and provide for my children. I've always worked and put into the system.

    It seems to be a lottery.

    I know that the government are being tougher, but we all know someone who gets dla for "a bad back".

    You are not alone in your frustration. Xxx

  • Get an Adult Disability Social Worker, then you will get it and A personal budget to pay for help in the home.

  • Utilise the "Benefits & Work" website, which Lupus healthunlocked have joined......I used their documents to successfully Appeal DLA on my own and won.

  • I'm so sorry you were unsuccessful, the decision seems outrageous to me. I agree with Welshexile, the Benefits & Work website is extremely useful, I used them for my ESA claim and am now in the support group. Please don't give up, please appeal your case you deserve to have DLA.

    Good Luck!

    M

  • Go to the CAB... They will deal with the form filling in for you and the appeal.

    Good luck.

    x

  • Þhanks again everyone the CAB were involved with the appeal and was shocked also that I wasn't awarded it! so kind of you all to offer concern and advice but for me the fight is over the stress is to much to redo it all, maybe in a couple of years if there is still such thing as allowances for the disabled! Thanks again everybody x x

  • So sorry to hear you feel defeated. There are less deserving people in receipt of it. Contact your MP. I wouldn't give up. Get other people involved in your fight. Good luck and God Bless.

  • I think the best thing is to ask your local council to put you in touch with the social worker in your area who deal with adults with disability and also ask them to give you the number for the welfare rights officer. They will fight your cause for you so you need to do it now and not wait. All the best xx

  • Just read you are going to give up. Please don't, that's why you need the welfare right's officer as they will come to the house and do everything. xx

  • Oh Heather, that's awful. I'm so sorry to hear this and was, at one stage, where you are so know exactly how you're feeling. Some good advice has already been given but the only way you will effectively fight this now is to have an Occupational Therapy Report commissioned then claim again once the 3 month waiting period expires on the basis that what has happened thus far caused so much stress/distress that your condition has worsened (which I'm quite sure is perfectly true). OT Reports are impossible evidence for DLA to dismiss and are an independent assessment of your capabilities as to Activities of Daily Living (ADL) in your own home, plus the OT will discuss with you and comment on problems you have with mobility.

    *** DLA is only awarded for difficulties with ADL and mobility so it really doesn't matter what Consultants say in their medical reports or what medication we're taking. Our doctors don't visit us at home so don't have detailed knowledge of the physical problems we encounter in our daily lives. Only an OT assessment can provide the information DLA assessors need in order to properly decide on appropriate awards. ***

    A sympathetic Consultant might be willing to refer you to an OT via the NHS if asked but this may take some time to organise. Far as I know, it must be a Consultant referral. If not, I can put you in touch with a private OT consultancy keen to work with SLE battlers. There is no distinction between NHS or privately commissioned reports other than cost and time but important to weigh the relatively small cost of commissioning a private Report against the amount of benefits you're unfairly being denied.

    Assessment via an NHS OT consists of 2 or 3 half hour visits with you at home over the period of a month, most of which is spent discussing in depth the problems you encounter with ADL and mobility. This brings the bonus that there may be a variety of household aids you will be entitled to receive free via Social Services. A private OT Report will typically be compiled in one longer visit.

    I hope this helps Heather. Don't give up! PM me if you need to.

  • I had 2 different OT reports!! One fro my nhs OT who's issued me with hand/wrist splints etc and a letter from my consultant to say I'm waiting for a foot brace to be fitted for my foot drop. I also had a social services OT visit and her report was included saying I'm unstable on my feet/legs etc and at risk of falls and she was the one who arranged to the adaptions via social services for me ie level access bathroom, handrails to fromt and back of house etc chunky covers for my knife/fork etc social services have been great to me.

    I think at the end of the day I'm just one of the many unlucky ones. Thanks for being so kind with your advice though x x

  • So Sorry you have also been through all this Charade!!

    I too went to Tribunal and was turned down,,i appealed three times before i went to Tribunal,,it was awful and like you i was just open and honest with my answers!

    The Judge did say to me at the finish that i should re-apply,,i have not had the energy,,my ESA Comes to an end in March and i will be forced to get a job,,,i want to work,,i have always worked i am almost 48years old,,i just hope i can find a job that allows me to be left with just a little energy to also live!!!

    Don't give up Heather,,you will try again,,you deserve this.xx

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