dla refused any advice

hi the friday before xmas i had my dla refused my doc had written to them dont know what then they said they had written to specialist although i sent them letters from private specialist. i have since seen nhs specialist since sending in and have started on hydroxy sice sending in and have to see specialist again wednesday, i have also since found out i have emphysema of which i sent them rresults. the letter said i could reply within a month and they will look at it again. i think some things have crossed has this happened to anyone else if so any advice would be gratefull. i am not going to write back till seen specialist on wednesday have been off work 5 months now

13 Replies

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  • Appeal straight away. No fuss just ring up and tell them that you wish to appeal.xx

  • Appeal and get advice from CAB, you maybe just didn't put enough detail in the initial form. I spoke even about the emotional problems, sleeping problems and pain and mobility problems. Also try the Nras helpline, they are very good and helpful. Good luck with the appeal Axx

  • is it actually an appeal when she said write to her within a month and shell take another look isnt an appeal where you infront of the peeps thanks for your advicexx

  • Maybe because the letters were not from the NHS Doctors that they stopped the claim, I had problems even trying to get my GP to believe the diagnosis was right but they told me it has to be a NHS Doctor that makes the diagnosis and then I had to start again from the beginning lol, wasn't funny at the time though.

    Philip

  • once refused how long is it before you can apply again i eventually got low rate care but want to reapply for mobility

  • If you reply within a month, then they will review the decision. Unfortunately they can't take into account new information - they can only review what you already told them. If you go to a review tribunal hearing then it does give you a chance to explain what you wrote a bit more, but again, they can't take into account new information.

    It would definitley be worth asking CAB to help you through the review as they have a lot of experience. First step though is to contact them and say you want a review, but that you also want to know the reasons for turning you down (in writing). You do need to get onto it fast though, as they do stick to the timeframes and if you miss the month, then you will have to wait I think three months before you can apply again.

  • sounds like what happend to me. I rang straight up and had a month to get fresh letters from my GP and Rhuemy nurse in they had a code to put on them so they went to my claim. Dont give up it took me 14yrs but i got it in the end.You can also take other written letters of support with you if you have an oral appeal. You just hand it in at the begining as soon as you get there. wish you luck.

  • Another thought is that if you have only just started treatment, then they may be thinking that the treatment will improve things so that you don't have significant long term disability. You don't get DLA just on a diagnosis, you get it if in spite of treatment you still have significant disability that is expected to continue for at least six months.

    It might be more useful if you do end up applying again to focus more on the disability associated with emphysema, as that is more likely to be seen as a long term disabling condition, rather than RA which can often be treated really quite well in most folk with minimal ongoing disability.

  • ty earth i sent diagnosis of emphasymaa off to them before final decision made but may have crossed all letters were from private consultant and they said on 17/10/12 that they sent to consultant for evidence lol then on 20th refused didnt have time for yhat i wouldnt have thought and the y didnt have adress of new consultant.beggars belief really . but with hinsight i could have made a better job of my form ,will try appeal. if not reapply.it just seems peeps that are really ill have to fight and peeps that try it on sail through but gb i suppose thanks for all advice i will a have a bash and write in.i phoned and they said if i write in its not an appeal but if it still comes back no then go to appeal so confusing .

  • Earthwitch , sorry to correct you but the statement you have made is so wrong and potentially damaging that i feel i have to correct it.

    It is an essential part of the process that you submit New evidence, as long as it is about the time period when you made your claim.

    To just say you want to appeal is not good enough and you are advised to specify reasons for the appeal and submit new evidence

    It is not worth asking for a review , as an appeal will set the review process in motion in any case.

    Have a look at the site here which is explicitly for DLA appeal advice ..

    advicenow.org.uk/advicenow-...

    Definitely visit a CAB for face to face advice and help if they have that service( not all do).

    I wish you luck :()

    Rich

  • What I meant was that you can't add in new sorts of disability into a review. If you said you had specific mobility problems or care needs, then yes, you can explain those a bit more, but you can't add in totally new problems that you didn't write down on your original application. That would make it a new application. A review is a review of your original application, not a new application with completely new evidence of new problems they didn't know about when they did the first assessment. And thats why its just so important to get the right advice BEFORE you put your application in the first time (which far too few people actually do).

    Gathering extra evidence isn't about "new" information - its backing up the stuff that you already wrote.

  • That's the problems with forums it is so easy to type misleading sentences without knowing it especially as in this one it is hard to edit after typing.

    It is also difficult to convey concepts to those not in the business , so to speak.

    Face to face advice at all stages is recommended, that's if it is available , and more and more nowadays it is not.

    Regards

    Rich

  • Since the introduction of the new rules and guidelines for claiming DLA it is now very much harder to sucessfully claim.

    All the very best with your appeal.

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