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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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Noisyworld
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Reply To Hurtyback
(Date Posted:14/08/2011 3:06 PM)

Reply to Hurtyback (14/08/2011 3:50 PM)

"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. "



It's the physical pain caused by going somewhere that is the problem for me lol plus the not being able to walk (safely) when I am in pain.

 

Oh well, that's not the bit I'm really contesting- it's the idea that I am well enough to cook myself meals that I'm mostly arguing about smiley182 When it's a toss up between having a proper wash or a warm meal that day- I think I qualify smiley178

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Re:Refused DLA (of course) what next?
(Date Posted:14/08/2011 3:11 PM)

 Noisyworld - with cooking a meal, it's things like peeling and chopping, checking whether food is fresh / cooked, safety, etc.
auntieCtheM
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RE:Refused DLA (of course) what next?
(Date Posted:14/08/2011 4:04 PM)

I do not completely get this and so have paraphrased it. 
"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."

first it says the discomfort must result from walking - OK

then, if you are already in 'pain' then the same 'pain' felt due to walking is disregarded - that I understand

then, this is the bit I do not understand: "but it is not necessary for the severe discomfort to first arise or to be increased by walking."

Can someone explain please.
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Noisyworld
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RE:Refused DLA (of course) what next?
(Date Posted:14/08/2011 4:24 PM)

Sofie, I understand the rules- they just don't believe me!smiley178


Aunty- I can't explain it- not a clue! smiley183

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auntieCtheM
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RE:Refused DLA (of course) what next?
(Date Posted:14/08/2011 4:27 PM)

So it is not just me.  

I think it is meaningless, yet someone's benefits may depend upon the interpretation of these two sentences.
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Hurtyback
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RE:Refused DLA (of course) what next?
(Date Posted:15/08/2011 3:09 AM)

"any walking accomplished despite the severe discomfort must be disregarded."

I interpret that as meaning it is the walking that must be disregarded, not the pain ...
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Monic15
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Re:Refused DLA (of course) what next?
(Date Posted:15/08/2011 1:10 PM)

 Hurtyworld
Hi - have you done an appeal letter yet?   I ask cos you can request a revision over the phone and do an appeal letter.  You mentioned giving them more info - you can do this in the appeal letter.  Just ask that they consider the following information when they make the decision and give them the extra details.   You have 28 days from the date of decision to get the appeal letter in.

Make sure it gets there is time cos they seem (in my area) to be getting very strick about the time even if its one day late they are refusing the appeals and even the judges are refusing the grounds for lateness.


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Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:15/08/2011 1:51 PM)

Hi Monic, the CAB have advised me to start again with a new claim rather than appealing this one.
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Ex-member
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Re:Refused DLA (of course) what next?
(Date Posted:15/08/2011 2:15 PM)

If you appeal and win, you get the money backdated from the date of the original claim. You can also appeal and make a new claim at the same time.
Noisyworld
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Re:Refused DLA (of course) what next?
(Date Posted:15/08/2011 6:00 PM)

Does anybody know if they'll accept statements form people who help me/ have seen me when I'm really ill, in British Sign Language or will I have to pay out to have it translated? I can translate it myself but I bet they wouldn't believe me :/
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Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:16/08/2011 3:43 AM)

Sorry, noisy, I am not able to help with that, I am as new to this as you are!

Sofie, I'm not too worried about the extra few weeks payment, I' d just really like to have something in place by the time my money dries up ...
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Monic15
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Re:Refused DLA (of course) what next?
(Date Posted:16/08/2011 3:03 PM)

 Hi hurtyback

the only time I've seen someone told to not bother with an appeal is if they put very little info on the original form - one person ticked they had no care needs and then complained they were refused care.  If you do a new claim will CAB help you?  just make sure you give details of good days & bad days & say how many on average you get - you know 1 good day followed by 2 or 3 in bed.

any new claims can take 12 -18 weeks anyway

Good luck
monic
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Noisyworld
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RE:Refused DLA (of course) what next?
(Date Posted:16/08/2011 4:13 PM)

CAB phoned me back today: I guess they said 2 useful things 1) that I should go to tribunal and not do an on-paper thing (hang-on, that's what I thought I was doing anyway lol) and 2) that they *should* accept statements/evidence in BSL! Yes I know they *should* that doesn't mean they WILL smiley182

 

They CANNOT represent me at tribunal so I need to find somebody who can.smiley183

Grrrrr smiley166, onwards!

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Ex-member
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Re:Refused DLA (of course) what next?
(Date Posted:16/08/2011 4:49 PM)

 "not do an on-paper thing (hang-on, that's what I thought I was doing anyway lol)"

What they mean is, there are 2 types of appeal. Paper is where you don't attend and it's decided by what informtion you've given them.

Oral is where you attend the appeal. They will ask you questions. For example, I wrote on my form that I struggle with following directions when outside, etc. I was asked how did I get to the tribunal, as they saw me walk in alone and I wasn't dropped off by taxi? I stated that I got the tube as required and then made the wrong turnings - despite having the directions in front of me.
Noisyworld
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RE:Refused DLA (of course) what next?
(Date Posted:16/08/2011 5:03 PM)

Sorry, my sarcasm is not always evident on here, need to work on that. smiley183

I thought that the on-paper stage was the review- which I've already done.

 

That's a great story for the tribunal, I'll have to work on mine!

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Noisyworld
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RE:Refused DLA (of course) what next?
(Date Posted:16/08/2011 7:47 PM)

My local and county councils seem to no longer have an in-house Welfare Rights Officer, the seem to have got dls (disability law service) to take over.

http://www.dls.org.uk/


 

Does anybody have any experience of using them?

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Hurtyback
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RE:Refused DLA (of course) what next?
(Date Posted:16/08/2011 8:08 PM)

Monic, I'm afraid that I put very little info on the original form smiley147 Not as bad as the example you gave, but still not enough. I also seriously under-represented my difficulties - for instance, I said 'no' to the question 'do you fall or stumble?' because I don't fall (yet!) even though I stumble frequently. I said that I don't need help at night but the diary (which I have just started) shows that there are several occasions most nights when I need help, even hough I don't get is cos trying to wake Mr H is like trying to wake the dead!
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danslatete
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RE:Refused DLA (of course) what next?
(Date Posted:17/08/2011 4:54 AM)

Its amazing what keeping a diary can show! I have to keep one because of my poor memory.

I think it is a very useful tool especially if the OH can keep a few notes of his own. My mum and daughter do it too then when asked there is pages of reference to go by with specific incidents to refere to.

I do hope you manage to get DLA, but be prepared to go through it all again if/when it changes. Save a copy of everythng, photocopy everything, it does come in useful.

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Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:17/08/2011 1:15 PM)

I have just been granted a blue badge by my council, the CAB advisor thought that this might give us a tiny bit of extra leverage when it comes to the DLA claim.
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Monic15
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Re:Refused DLA (of course) what next?
(Date Posted:17/08/2011 1:40 PM)

 I have just been granted a blue badge by my council, - it used to make a difference but recently when I phoned I was told "councils have their own criteria for blue badges and its not the same as the critieria for high rate mobility so its not automatic"  OK but you get a blue badge cos you can't walk very far so why are DWP being picky!
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Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:18/08/2011 4:58 AM)

Yes, I know that the criteria are different - I guess this is partly because the blue badges don't actually cost the councils anything (in our area we have to pay for parking anyway unless our vehicle is tax exempt). However, one hopes that it might just give a bit of extra weight to the application, at least there is nothing to lose.

I must say that, for me, one huge benefit of the blue badge will be taking advantage of the wider bays. These days I need the car door fully open in order to get in and out. There have been occasions when I have got the car nicely parked and then realised that I am unable to get out, so have to go and find somewhere else. It was only a matter of time before I returned to my car and found that I couldn't get back in!
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Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:03/09/2011 4:46 AM)

The benefits advisor from the CAB kindly came to my home yesterday and we spent several hours going through the DLA application form point by point and making notes. I have also downloaded the B+W guide to DLA applications so I intend to use notes and guide when filling in the application this time, I am going to do a bit at a time so that I am less likely to make mistakes.

Fingers crossed!
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sofie2
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Re:Refused DLA (of course) what next?
(Date Posted:03/09/2011 5:32 AM)

 Good luck! With mine, I wrote bullet points down on paper and then wrote sentences on the forms.
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Hurtyback
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RE:Refused DLA (of course) what next?
(Date Posted:07/09/2011 8:10 AM)

Mr H spent an hour this morning photocopying the completed DLA application for me. At least, that's what I asked him to do. what he was actually doing was scanning it in to the computer, with the intention of keeping a copy there and printing off what I needed. However, he then found that none of the handwritten pages had scanned properly, so now he is doing it al over again .... 
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AndMac
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Re:Refused DLA (of course) what next?
(Date Posted:07/09/2011 4:27 PM)

 Very good idea to keep a copy, I'm told it's no longer possible to type into the PDF form and save it as a separate copy on the hard drive as I did for mine. Bit of a bugger that, it was invaluable looking up what I'd written the day before the ATOS visit.
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RoseRodent
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Re:Refused DLA (of course) what next?
(Date Posted:08/09/2011 4:19 AM)

 It's a great idea to keep a copy of the form, however if you can't manage for whatever reason to copy it, you can mail it in then immediately send for a copy of the form under the Data Protection Act. Although a charge can theoretically be levied for that, to date the DWP have not charged anyone that I know of.
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Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:08/09/2011 4:22 AM)

Thanks Rose, that's good to know. As it happens, Mr H got the form (and everything else I wanted to submit) copied for me so it is now winging its way to the DWP in the tender care of the postal service (recorded delivery, of course).
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Penthesalie
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Re:Refused DLA (of course) what next?
(Date Posted:13/09/2011 9:35 AM)

 Hi Hurtyback, so many people who have been refused DLA the first time round that have got it on the second attempt, and had the same thing myself years ago when it first came in. So keep plugging away at it, from what you've been describing your situation is worsening, so give them a timeline of how fast this is happening, and how your GP is responding to this, and any changes in medication, such as increase in pain meds, or adding new medication in response to the worsening in condition.
Hang in there, Hun
Love and hugs, Pen.
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Hurtyback
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Re:Refused DLA (of course) what next?
(Date Posted:13/09/2011 10:42 AM)

Thanks Pen, the first application was refused within a couple of weeks - I'm hoping they will have the decency to take a bit longer over it this time!

BTW, my tidy little mind hates that I don't know how your name should be pronounced - will you help me please?!
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Penthesalie
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Re:Refused DLA (of course) what next?
(Date Posted:13/09/2011 11:00 AM)

From what I've noticed over the years the DWP seem to say 'no' to the first DLA application almost to see if you'll be persistant enough to have another go at it. The first medical was a farce, I fell flat on my face in front of the doctor as my legs gave way and he put down 'no mobility problems'. This was three months after the first wheelchair arrived. The second medical put me straight into Highest Rate Mobility, Middle Rate Care. So don't be disheartened and have another go at it.

LOL!! No worries, Hun, it's
'Pen-thes-a-lee', the original was Queen of the Amazons, an all female tribe that fought on the side of the Trojans during the Trojan War.
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