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Title: Refused DLA (of course) what next?
Ouch   Disability Q & A
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Hurtyback
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(Date Posted:04/08/2011 2:19 AM)
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I recently applied for DLA and had my application refused. I am not surprised, partly because of what I have read here and partly because I don't think I put anything like enough detail on the form.

I'm pretty sure that I should be entitled to low rate care (I know that this is one of the benefits that our, oh so caring, government is talking of scrapping, but that has not happened yet).

So, what happens next? I know that I need to give them a lot more detailed information but am not certain how to go about this. I also know that there is a 1 month limit, both for asking them to reconsider and for appealing against this decision. What I am not clear about is in what order I should go about things.

Do I write with more info and ask them to reconsider and also start the appeal process at the same time?

BTW, I thought it was a bit 'off' that they included a leaflet about benefits in general but said that I would have to get the one about appealing the decision from elsewhere!
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pennycillin
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Re:Refused DLA (of course) what next?
(Date Posted:04/08/2011 3:12 AM)

 Hiya

if you ask for an appeal they will automatcally reconsider you.

It is at this point you need to get a CAB or welfare rights worker involved. As you said you dont think you filled the form out correctly. Its not about the ammount of detail but what you put on the form thats the main thing. the way you write it. there are guides on the internet that you can pay for, but i recommend a human, because they can come with you to an appeal hearing and guide you through!
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hossylass
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Re:Refused DLA (of course) what next?
(Date Posted:04/08/2011 3:16 AM)

Appeal.

This automatically triggers a reconsideration.

Ring them and ask for the full statement of reasons (not the letter they sent you).

When you get the statement, use the appeal form but you DONT have to give all the reasons unless you feel the need to.
You only have to say that you feel the Decision Maker has not taken into account the full implications of your condition and how it affects you.

You can then take apart the statement of reasons (SOR) and provide medical evidence and further explanation for each reason.

But ring them today and ask for the SOR and appeal forms.

I can help with the rest, or direct you to where you can get guides.

Hope this helps
Hoss.


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Ex-member
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Re:Refused DLA (of course) what next?
(Date Posted:04/08/2011 3:24 AM)

 "When you get the statement, use the appeal form but you DONT have to give all the reasons unless you feel the need to."

On another forum I post on, we're advised to then write a letter going into a lot of detail (mine is currently 4 pages) about our care and /or mobility needs and send that to the tribunal at a later date.

SoR also gives you an extra 2 weeks to send your appeal in.
Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:04/08/2011 5:06 AM)

Thanks, SOR requested and I will see if I can get any sense out of our local CAB.
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Monic15
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Re:Refused DLA (of course) what next?
(Date Posted:04/08/2011 1:28 PM)

 Hi
When I do an appeal I answer each point made on the letter so where they say "you are not virtually unable to walk"  I say you have underestimated how far I can walk and the severity of the pain I am in.  Where they say you don't need something just point out where you think they are wrong.

You can use the GL24 or just do a letter saying I wish to appeal the decision dated 03/08/11 regarding DLA. The reason for my appeal are.  End it with a statement saying if they don't change their decision you wish an oral hearing with the tribunal service.
Good luck
Monic
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Hurtyback
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Score:1749
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Re:Refused DLA (of course) what next?
(Date Posted:05/08/2011 8:54 AM)

Thanks guys, I have an appointment with someone at the CAB for a week today.
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Ex-member
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Re:Refused DLA (of course) what next?
(Date Posted:05/08/2011 10:01 AM)

 In the meantime, gather evidence and get statements from people who know you.
Noisyworld
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RE:Refused DLA (of course) what next?
(Date Posted:10/08/2011 3:54 PM)

This sounds very like where I am today...probably! Why probably? Because the Post Office were kind enough to eat half of the letter so I can't read the full re-assessment ruling smiley142 smiley144

So I've phoned the benefits people to get another copy.
I wrote a really detailed breakdown of why the original letter was wrong, with examples (about 3 pages long) plus they wrote to my GP (who will have agreed with me!)

I didn't know that the original letter was different to the statement of reason- should I be phoning them to ask for this too now (will it cover both the original decision and the re-assessment?) before I go to anybody else?

I'm going to phone my local CAB tomorrow.

What's a Welfare Rights Worker and where would I get one?

Not a happy bunny today smiley145

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Ex-member
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Re:Refused DLA (of course) what next?
(Date Posted:10/08/2011 4:11 PM)

 Welfare rights help people with issues such as benefits. You can find them in council departments. There's also citizen's advice - they can give you free advice. (although I personally won't touch them - not after they messed up)
Noisyworld
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Re:Refused DLA (of course) what next?
(Date Posted:10/08/2011 5:31 PM)

Oh dear Sopie2 that doesn't sound good :(
CAB were rubbish when I first had my accident (not giving the correct info on what benefits were available for me, my mum went to see them) but I don't know where else to go/who else to speak to !
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devineDeb
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Re:Refused DLA (of course) what next?
(Date Posted:10/08/2011 6:05 PM)

 Hi

do phone them and ask for the statement of reasons

if the CAB give bad advice please complain to them - it is the only way the managers can get to know that the volunteers are making a mess of things, they can't improve unless you complain.

For benefits advice you can try:
- your local Centre for Independent Living  (http://www.ncil.org.uk/ )
or
- your local disability advice centre / disabled people's organisations  - the best ones are run by disabled people for disabled people - see local phone book or ask at local library - they usually have info / posters etc
or
- your local council may have a Welfare rights advisor (titles may be different in some areas)
0r
- you can try the Disability Alliance they have an advice line     http://www.disabilityalliance.org/about.htm  
or
- you can try your local Law Centre   (http://www.lawcentres.org.uk/ )

I hope one of those can help

regards, Deb


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Noisyworld
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Re:Refused DLA (of course) what next?
(Date Posted:10/08/2011 6:25 PM)

Thanks Deb, I'll work my way through that list when I'm feeling a little stronger :)
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Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:11/08/2011 2:06 AM)

I have an appointment at the CAB tomorrow. It is good to know that there are other options if CAB are not much help! When I phoned and asked for the SOR I was told that it would say exactly the same as was on the letter I had been sent, so I don't know whether you really need that too, although I believe it does buy you an extra 14 days to lodge your appeal.
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Re:Refused DLA (of course) what next?
(Date Posted:11/08/2011 3:47 AM)

 I think it goes into more detail. Either way, I always get it just to have the extra 14 days.
hossylass
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Re:Refused DLA (of course) what next?
(Date Posted:11/08/2011 3:13 PM)

Yeah , they try that line.

Its rubbish. The original letter says things like you are not entitled to XYZ, the SoR has to expand on why you are not entitled.

Mine was about 3 pages, both sides, if I remember correctly, whereas the award letter was about 2 sides maximum.

But on the phone they say "its hardly any different...." yeah, right, sod off...
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Noisyworld
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Re:Refused DLA (of course) what next?
(Date Posted:11/08/2011 4:22 PM)

Now this is the judgement call: do I wait for the new copy of the old letter to arrive (in the hope they'll re-date it) or do I phone to get the SOR now?

Why is everything so **** complicated??? :'(
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Re:Refused DLA (of course) what next?
(Date Posted:11/08/2011 4:38 PM)

 phone to get sor
Noisyworld
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Re:Refused DLA (of course) what next?
(Date Posted:11/08/2011 5:08 PM)

Right- that's next on my to do list then :)
Sorry for all these questions I am WAY, WAY out of my comfort zone here :(
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Hurtyback
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Reply To Noisyworld
(Date Posted:11/08/2011 6:42 PM)

Reply to Noisyworld (12/08/2011 12:08 AM)

Right- that's next on my to do list then :)
Sorry for all these questions I am WAY, WAY out of my comfort zone here :(


You and me both!
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Noisyworld
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RE:Refused DLA (of course) what next?
(Date Posted:11/08/2011 6:50 PM)

smiley160

It's so annoying when you're sure it's patently obvious that you should get it smiley144

Perhaps a good night's sleep will help

smiley26 [waves and walks off into the distance]
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Hurtyback
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RE:Refused DLA (of course) what next?
(Date Posted:11/08/2011 6:54 PM)

Sleep tight smiley149

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Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:12/08/2011 8:43 AM)

I saw a lovely lady at CAB, I think she said that she used to work at the tax office before she was 'retired' on medical grounds. She spent a little while challenging some of the things I had put on my form - things such as 'Are you teling me that you never stumble' as I had said No to the fall/stumble question. I replied that I have never fallen (yet!) but stumble pretty often. She also reminded me that the fact that I don't get certain types of help doesn't mean that I don't need it.

Then she went away to consult with her supervisor and came back to say that they thought I would be better submitting a whole new claim rather than appealing. They feel that I had really under-represented my needs significantly (partly because I am frightened of being charged with fraud if someone sees me doing something - once- that I have said I can't do, partly because I haven't yet admitted to myself how things are). I was concerned that DWP would refer back to my old claim and ask why I am now saying something different, they said that I could add an explanatory note if I wished.

The plan now is for me to request a further claim pack and then notify CAB, they will then spend some time going through the form  point by point with me and making sure that I didn't miss out anything relevant.

Of course, they trotted out the 'worst day' stuff but I know that is not correct, so I will just relate an 'average' day to them as my 'worst day'. Worryingly, I also had to point out that there is no such thing as middle rate mobility and LRM is really only awarded for MH problems, not for physical problems that don't quite fit the HRM  descriptors.

Nevertheless, I do feel that I got good advice on the whole so I am about to start the process again - although I will probably wait until I have had the letter from the Pain Clinic outlining my last visit as some of that might be helpful.
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Re:Refused DLA (of course) what next?
(Date Posted:12/08/2011 10:20 AM)

 " LRM is really only awarded for MH problems, not for physical problems that don't quite fit the HRM  descriptors."

Obviously, it does depend on your physical problems; but LRM is for those of us who need supervision due to safety - wandering off, tripping / falling, etc. But, yeah, you are right - you don't get LRM if you don't quite fit the HRM criteria unless you have other issues.

You can send in evidence later - so you could do the new form and then send the pain clinic letter later before they make their decision.
Noisyworld
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RE:Refused DLA (of course) what next?
(Date Posted:12/08/2011 2:22 PM)

Phoned up for the SOR -I don't get an extra 14 days as I've already been through the reconsideration thing smiley178

They don't seem to take into account that the Post Office lost half my letter smiley175

Did speak to a nice helpful little man who told me that it was time to get the appeal booklet and forms so he's going to send that too.

He even managed to *sound* sane when I got to the point where I was about to cry- it doesn't help when their entire putting-people-on-hold-and-playing-music is something that causes me pain smiley183


Am waiting to hear back from CAB- can't just drop in though...which is the whole problem with the claim smiley166


 

Think calm thoughts, breathe deeply....

smiley172
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stalwart
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RE:Refused DLA (of course) what next?
(Date Posted:13/08/2011 8:31 AM)

It may help to read this

www.dwp.gov.uk/docs/dmgch61.pdf

scroll down to 61276 

This is the "Decision Maker's Guide" for the DWP
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Re:Refused DLA (of course) what next?
(Date Posted:13/08/2011 9:03 AM)

 Hurtyback - between now and when you get the forms, (actually, up until you fill the form in) you should do the following:
- get statements from people who know you - even the person who may only help you for 5 minutes
- keep a diary

That being said, they completely ignored what I wrote in my diary - yet, I've always wrote the same thing on any forms and appeal stuff.
Hurtyback
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RE:Refused DLA (of course) what next?
(Date Posted:13/08/2011 10:16 AM)

I found the DM's guide helpful. I have been arguing that I can walk so won't say otherwise. However, I am in 'severe discomfort' 24/7 and that is worse when walking so that makes a difference, I think.
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Noisyworld
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Re:Refused DLA (of course) what next?
(Date Posted:13/08/2011 1:49 PM)

Thanks Stalwart, I didn't know that was available, 'interesting' reading :/
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stalwart
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Re:Refused DLA (of course) what next?
(Date Posted:14/08/2011 5:12 AM)

Hurtyback, the discomfort must come from the act of walking, so don't say 24/7.
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Hurtyback
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RE:Refused DLA (of course) what next?
(Date Posted:14/08/2011 9:50 AM)

"Severe discomfort must arise from the physical act of walking, but it is not necessary for the severe discomfort to first arise or to be increased by walking. If a claimant suffers from physical disablement which affects the physical act of walking, and which causes severe discomfort even when not walking, any walking accomplished despite the severe discomfort must be disregarded. "

I am in discomfort every waking moment, that increases to 'severe discomfort' (in my definition) when I try to do anything, including walking. Have I interpreted that correctly?

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