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worth trying again for DLA?

  • Diane Rice
  • Topic Author
13 years 8 months ago #24565 by Diane Rice
worth trying again for DLA? was created by Diane Rice
My husband was turned down for DLA ( both rates), waiting for tribunal in Sept. He had ATOS assessment this week for ESA claim - the doctor cut the assessment short saying he could see there was a significant problem with mobility and that he had all the information he needs, said he would hear in 3- 4weeks - I am assuming this is a good sign? Is it worth trying again for DLA and could I get a copy of the ESA report as evidence? Also, can you submit a fresh claim while waiting for tribunal decision on first claim? My husbands mobility has deteriorated so much that GP signed a discretionary form for a blue badge. Sorry to ask so many questions - it is all very confusing :unsure:

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  • Diane Rice
  • Topic Author
13 years 8 months ago #24579 by Diane Rice
Replied by Diane Rice on topic Re: worth trying again for DLA?
Just had letter from DWP, has been put in work related activity group - am shocked as has blue badge for mobility problems, so should have got 15 points for that alone?? Hubby is so fed up and doesn't want to challenge this - any suggestions?

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  • Diane Rice
  • Topic Author
13 years 8 months ago #24583 by Diane Rice
Replied by Diane Rice on topic Re: worth trying again for DLA?
more to add to the saga! Just rang JCP to ask for explanation of the decision and was told by JCP that the support group is only for people with a terminal illness - explained she was wrong. Hubby scored 30 points, she told me he will only have to go to the jobcentre once a month - I told her I will have to take him in his wheelchair, she then suggested we appeal - will let you know what happens

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  • millymoo
13 years 8 months ago #24584 by millymoo
Replied by millymoo on topic Re:worth trying again for DLA?
Hi Diane

I am not sure if you can re apply for DLA when you are due to have tribunal in sept, but my advice would be to attend the tribunal and let the panel see your husband as he really is as you did with your ESA medical. If you re apply you are only going to tell them the same as you have previously. Go for it, i had to go to tribunal the 1st time i applied for DLA and won my case. Oral tribunals do have a positive outcome. As for your ESA medical it is hard to know what the atos dr is really thinking or not thinking so it is hard to know. My ESA medical report was used as evidence when deciding my DLA even though i failed the ESA medical initially (i am now in the support group), but i had my DLA award increased!! The mind boggles, but people work in mysterious ways. Please let us know how you go on i am keeping my fingers tightly crossed for you!!

Hang in there!!
Julie

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  • millymoo
13 years 8 months ago #24585 by millymoo
Replied by millymoo on topic Re: worth trying again for DLA?
Hi Diane

I took advice from CAB and it was thanks to them that my decision was overturned due to GP and consultant letters. I know you are scared of losing what you have just received and i can empathise with your husband but i really do know how he is feeling. Please take advice!!

Kind regards
Julie

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  • millymoo
13 years 8 months ago #24588 by millymoo
Replied by millymoo on topic Re: worth trying again for DLA?
Hi Diane

How dare she tell you that the support group is only for the terminal? That is so not the case unless someone is with holding information from me. So in theory what she is saying is to be classed as not being capable of work you need to be dying!!!!! Well severly disabled as i am i can assure you that i am not planning on leaving this earth in the very near future. It is time we were all singing from the same hymn sheet!! Well done to you Diane for pointing out she was wrong!! Please,please, please take advice i am disgusted that they are giving out this information, who is telling them what to say? or is it a case of what they dont know they make up just to pacify/justify their decision. I am so sorry to get cross but it saddens me how we as disabled are being treated dont they think we are going through enough dealing with our disability? My thoughts are with you and your husband and please dont let them get away with it.

God bless
Julie

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