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TOPIC: Refused DLA - very disheartened

Refused DLA - very disheartened 6 years 10 months ago #13727

Received letter today saying DLA refused. Apparently I can walk "over 30m slowly in an adequate manner" and there is a whole long list of things they say I do not need help with. This decision is based on my claim form and my ESA medical. Feel like they are calling me a liar. The medical was very brief - she said she would finish as soon as poss as she could see how much pain I was in. She only checked how hard I could push and how much I could raise my legs. Seemed quite sympathetic at the time and was told Limited Capacity for Work (though hoped for support group, especially as no interview afterwards)
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Re:Refused DLA - very disheartened 6 years 10 months ago #13729

  • lavenderlady
Hi B

I know how disheartening it is to be refused DLA.:S You are clearly in a lot of pain in your legs, so surely it is unlikely that your walking manner is adequate or without pain or severe discomfort. If I were in your shoes and in the pain you are clearly in, I would appeal.

On this website there's sections that deal with walking problems. I would have a re-read of all the sections in the DLA and seriously consider whether you have stated clearly enough your difficulties.

Think minimum not maximum when thinking what you can do. Focus on the level that is very very easy for you to accomplish. You might be able to walk quickly if it was an emergency and you were running away from jack the ripper, but in ordinary situations what can you comfortably do? Don't inadvertedly give the impression you can do more than you can do.

Today I timed and measured my walking and noticed how I felt for 1 minute. The 1st minute was 15metres, the second 10m and the 3rd minute 9m.

Be clear in your own mind what you can and cannot do and your levels of comfort or pain is. Review what you've written and question whether you have stated clearly enough your limits.

Also, consider how you are after any physical or mental actvity.

You've got nothing to lose by appealing. Once you appeal the DWP look again at all the evidence.

I do hope you will be feeling brighter soon and will be encouraged to consider appealing.

Best Wishes
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Re:Refused DLA - very disheartened 6 years 10 months ago #13732


More great advice from lavenderlady;

You should also consider if you are in pain before you put your foot out the door to begin walking.

Does your pain increase quite quickly, do you have to stop, at what distance would this be, what do you benefit from stopping.

Do the pains decrease enough after a stop to allow you to walk further without severe discomfort, or does the stop only allow you to take a break from the severe discomfort and as soon as you start walking again you are suffering from severe discomfort right away.

Proper measurement of your walking distance will be really helpfult to you. Ask someone to go out with you, one your way pay good attention to ewhat you are experincing, get the person to record at what distance your pains increase, the time it has taken to walk that distance, what speed did you walk at, and what manner did you walk, slight limp one on or both sides, do you shuffle, do you have a stiff gait.

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Re:Refused DLA - very disheartened 6 years 10 months ago #13738


If you received no award of DLA then the most important thing to do is to get your appeal in within the time limit. See our appeals guide for more on how to do this.

In general, being able to walk less than 50 metres is sufficient to get an award of higher rate mobility. So the fact that you can walk 30 metres is not evidence that you aren't eligible for higher rate mobility at all.

Definitely worth appealing - don't lose heart.

Good luck,

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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