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sorry - less good news

  • staffielover
13 years 7 months ago #26530 by staffielover
Replied by staffielover on topic Re:sorry - less good news
Don`t give up.
Go to the citizens advice to fill out another application or use this excellent site.
Also get your gp and hospital specialists to write reports about you.

I was refused DLA twice before it was awarded,simply because I`d answered the questions with the wrong words the first time
And when my old GP wrote a report,he wrote a short report of what I`d told him 8 years beforehand when I first registered with his practice,and also failed to tell them of a serious road accident that I had in 95 which caused my condition to worsen rapidly and caused chronic damage to my already weak spine,so I was refused again.
My 3rd application was successful due to help from the CAB and an excellent report from my then rheumatologist who gave an accurate history of my condition from when I was first diagnosed in 1984,right through to when I gave up work because my physical condition had deteiorated to the extent that I was probably unable to lead a normal life and carry out day to day tasks without help.
I was awarded Mobility high rate and care at middle rate,both for life,or indefinately.
That was until Cameron and his bunch of minisers who break promises were elected.
Don`t give up,try again!!!

I

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  • Dee
13 years 7 months ago #26754 by Dee
Replied by Dee on topic Re: sorry - less good news
If you need it, then fight, show them. I know how hard it is I am just starting the process. I have had full allowances for 5 years now they have stopped them. If you need it then you will carry on. Show them you are not prepared to give up. I feel for you.

Regards Dee

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  • Dee
13 years 7 months ago #26921 by Dee
Replied by Dee on topic To all who have had their DLA Cut
Hi to all,

This is a piece of help that may give you a little boost, find a D.I.A.L Office in your area. It is a Voluntary Organisation set up to deal with disabled people and help them with their problems and claims. I have use them before (Lowestoft Branch) they are great, always eager to be of assistance. I did not go to them this time, I feel if I had I would not be in the mess now.

I am on appeal stage 1, they advised be to get as much proof from Doctors, Hospitals etc. who I see and send it with my appeal, (Keep the Originals). I have had all my DLA cut because as I can walk, it does not matter that I am in severe discomfort and pain, (ready Page 11 question 23 in the DLA claims pack) at times I do not know how to stand to alleviate it to carry on. They are not interested it seems, you have to be in a wheel chair and unable to walk at all. So D.I.A.L are going to help me put together a sensible reply.

Does it make you feel that we should all give up the life we want and go in a wheel chair. I feel this problems has arisen because of the buggy brigade. I an not getting at the genuine disabled people, but the “HOW CAN I GET OUT OF WORK SECTOR”. :angry:

Please, all of you out there before you do anything ring them, talk to them, they will try to help. Sometimes talking to a real person who has the same issues but knows the law really helps and it is free. This site is great but just reading sometimes gets confusing. The information is there but if you have a health problem sometimes perhaps like me I get bogged down with understanding words. Sadly collecting the info before the appeal date is going to be tricky and cost a fair amount of money. £10 to look at the medical records and then 35p per photocopy. I just hope the hospital will not charge. I am willing to give it a go.

The more of us genuine ones make our point who knows with our help those pigs will fly.

All the very best DDee

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  • staffielover
13 years 7 months ago #27192 by staffielover
Replied by staffielover on topic Re:To all who have had their DLA Cut
The DIAL place has shut down in my area!!!

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13 years 7 months ago #27208 by Steve Donnison
Replied by Steve Donnison on topic Re:To all who have had their DLA Cut
Hi Velvet,

You say that:

"i had my DLA appeal yesterday and i am afraid i was refused all benefit.

i wasnt given any reasons so i guess i am just not considered bad enough."


If you check at the end of our DLA Appeals guides you will see that you can oblige the tribunal to give their reasons in writing and you can then consider an appeal to the Upper tribunal. But there is a time limit for asking for reasons, so check the guides and consider whether you want to take this step.

But given that you have been awarded nothing you don't have anything to lose by at least obliging the judge to explain how the decision was arrived at.

Good luck,

Steve

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 7 months ago #27210 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:To all who have had their DLA Cut
Hi Velvet,

I totally agree with Steve. I sat as a Disability Specialist on DLA Tribunals from 1994-2005 and a tribunal must legally give reasons as to how they reached their decision and whether it was unanimous or a majority decision (2-1) since normally there are 3 members on all DLA Tribunals.

However, if you were given the decision yesterday, normally handed to you by the Clerk to the Tribunal, that does not give the reasons why your claim was refused.

You need to write to the Clerk to the Tribunal at the Regional Office which dealt with your appeal and request a full statement of reasons (SOR).

The Tribunal Judge will then have to compile an SOR, in terms which you can understand, but you must request this within one month of your appeal.

When you receive the SOR, you need to seek 'face to face' advice from a benefits adviser. Many CAB's employ staff to do this work or if not in your area, you should contact Community Legal Advice for a local adviser.

Hope this explains things.

Good luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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