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Do you think letter is ok for the desion maker

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13 years 3 months ago #41047 by Derek4
Hi Jacqui

If you can't get face-to-face advice I would suggest that you use the DLA appeal guide.

I don't think it's a good idea to send an appeal letter without first reading the medical report and getting some idea of why you lost your MMR and LCR. It is essential that you send in the GL/24 form before the deadline (you could lose your right to appeal otherwise) with a brief description of why you are appealing, but it is not necessary to send in your appeal letter immediately. You can do this when you have all the information or after you receive the appeal papers from DWP.

Good luck

Derek
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  • originaldave
13 years 3 months ago #41064 by originaldave
Replied by originaldave on topic Re:Do you think letter is ok for the desion maker
Jacqui wrote:

hi Dave thank you this si a renewal for my DLA i i was on middle (M) and low (c)now i have just got (C) and NO (m) i have slipped you very helpful changes in to my letter i have fibromyaliga and a few related thing should i really list them all over again i though i was ment to keep this sort of stuff short because thay just dont read them other wise yes i really dont want to have to go to appale sa i dont think i can manage it again but i really want to be ablle to send this off and hopfuly get the letter in up to 11 weeks time with a real decision on it thank you Dave


I think you should list them again when you write, it makes it fresh in there mind, if your letter is the last but one, I was reading after a hard day at the office I would get a bit of a brain prompt and be better focused when reading your letter, with the best will in the world reading letter aftet letter , gets boring and confusing

think of it like not wanting to buy a friday car ... as they use to be rushed so people could start the weekend :)

be nice to the DM they did not rush the medical, get on your soap box about the dr will make them defensive too.

one last thing you talk of it being pointless seeing drs .... that could be read two ways, say that there is nothing more they can do for you (if thats true)
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13 years 3 months ago #41222 by terdun9
hi i wonder if i can make sure i doing this right
1) I got letter about my desion saying no

I wait for it before submitten a letter i got from my doctor today or not ??
I have asked them to look again at this desion so am I appealing a disability living allowance decision. or asking them to look again then thay will put it up to appeal later.

2) i dont have my meical report yet so do I

When i get this report can i let them know what i disagree with again as i was told to wait without contacting us again ? :S :S

To Much Pain Will Kill Y ou In The End
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13 years 3 months ago - 13 years 3 months ago #41224 by Gordon
Jacqui

I am not sure from your post whether you have received your decision letter or not, so forgive me if I am covering ground that you have already looked at.

The first thing you need to decide is whether to appeal the decision or not? If you want to, then you only have four weeks from the date of the decision to lodge an appeal on a GL24 form.

You can request a copy of your medical report from the DWP over the phone, it usually takes a couple of days to arrive in the post, but will likely be delayed because of Christmas.

If you appeal, the Decision Maker will re-evaluate the decision based on the original evidence and anything that you included, such as your doctors letter, with the GL24. You can submit further evidence at any time before the tribunal, providing it was relevant at the time of the decision but it may not be evaluated until just before your tribunal date.

If you just ask for a re-consideration then the DM will review the info they have as above, and either endorse the original decision or override it. However, the time taken to do this will probably exceed the time available to lodge an appeal, removing this as an option.

It is important that you understand that the DM has no medical training, and therefore they will defer to ATOS where a medical opinion is required. I can't find a statistics for it, but the percentage of decisions that are overturned at this stage are relatively small, although it does happen.

Whatever your decision, you should not make it in isolation, please look at the documents in the Members area, and if you can seek face to face advice with your local CAB or Welfare Rights group.

Hope this helps

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 13 years 3 months ago by Gordon.
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13 years 3 months ago #41272 by terdun9
hi Gorden i have asked them to look at the desion again over the phone and i am still waiting for my medical report to come
and then i would think that the next step would be appeal
i`m not going to print out my letter and take it down to the post office and send it recoreded delivery because thay say it has to be in thier bulding by the 3RD Jan 2011
so lets just hope it dont come to that thank Gorden for your time

To Much Pain Will Kill Y ou In The End
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13 years 3 months ago - 13 years 3 months ago #41275 by terdun9
hi Gordon/who ever

Sorry to worry you again this is my finished letter to the decision maker


Mrs ****

Dear Decision Maker

I have fibromyalgia, Severe pain, muscle joint pain,fatigue,depression lack of sleep and falls

I appealing/asking you to look at disability living allowance decision.
I am now in severe pain a combination of what I would muscular and joint pain means takes lots of effort unable to walk. due to severe wide-span pain just about everywhere really. I am in pain every minute of the day whether i walk or not.

But I`ll be suffering each day pain and don’t have good days I can’t walk the amount of pain is subjective from onset of walking the pain in my feet legs knees and lower back can and also is severe then I have to stop and that's in for hours till I can move again but still in a great deal severe about of pain. I now have a very limited ability to walk but every time I walk I`am in severe pain.
The DWP doctor who came to see was Pressuring for an answer to this Question on how far can I walk over and over again he wanted answers now he kept looking at his watch all the time I need a distance to this question but the kept asking my husband this question this is fine because he is the one who helps me looks after me all the time I cant say carer because he is my husband but yes he gives me all the care I need.

Well answer to this QUESTION IS ;"No distance at all without severe discomfort, fatigue"He also asked loads of other questions But when i/we answered them he just talked over my answer and the looked at his watch and then made little scribbled notes on the back of a envelope not on the paper work you gave him to fill in. I felt the The Health Care Professional who visited me should of not come that day because he clearly didn’t have the time to do what was needed to be done being he was clock watching the whole time he was here.

This I told you on this phone number given on top of all the letters from you did this on the Monday morning following the Doctors visit on the Saturday before ,this was arranged over the phone I was at the doctors I think when the call came in my son took the message with 5 days notice This visit was to be on the **** then when the hand delivered envelope I then phoned the number on the letter and was told that oh my husband cant make that date he will have to come on the Saturday morning between 9 & 10 I asked if it could be later due the the lake or no sleep I don’t have most nights and was told no because he has to be in/at the surgery later that day so I had no choice but to say yes.

On the Saturday the door bell went at 8;50 he said sorry i`m early but is it OK I let him in he asked to see a driving licence for id I told him I don’t have a photo one but have the old green paper one he said oh no its OK please sign this for me I asked what was it he told me its just to say I seen something
to ID you well this he clearly had not I offered to get a passport he said no its OK and this is when he started to clock watch.

After a few questions he asked to physically examine me This I had no objection to but I didn’t no he was allowed to physically do as it was a questionnaire he was doing he then saw how bad my hands are/were with this dermatitis and he pasted comment as to how sore they looked I told him that my hands and wrists are bad enough but when it comes to washing showering its very hard because of the dermatitis it hurts when it wet and also soap also makes it hurt then , then when it comes to preparing. a meal potatoes tomatoes fruit they all hurt my hands to hold and then the wrist wont let me do anything because I find it very hard to hold anything like a knife let alone cut anything that's slightly hard. I really don't do much now days because of the pain and theirs really not much I can
do without making things worse.

I get upset quite lot and I think sometime feel sad and feed up with never going out not even shopping the only time I go out now days are to the hospital or to doctors but I don't even do that any more because its pointless there is not much more they can do if I do need to go anywhere it has to be as late in the day as possible because of me being able to wake up early enough to get to go wherever it is I have to go to then its not always possible for me to get there because I feel unsure or unsafe to go out I do still fall over and nearly always end on my knees then am in pain for weeks because I have hurt myself again.

The aids I have at home are up risers for the chairs sofa hand rails round the home and I have bathroom I have had the toilet raised to my height it is on blocks so I don't need to bend down quite so low I have a frame round the toilet also I have a shower (over the bath ) seat but I no longer shower because having had a slight/nearly full out of the shower I just don't do it any more.

When if I do get to sleep I keep waking early hours then I cant get back to sleep so then that's me awake all night I have also woken up with what I can only say are panic attacks because this is the same thing I have sometimes  f I go out racing heart rate racing shortness of breath and overwhelming worry, I do/ could experience severe discomfort from exhaustion.

Getting up at night I don't do any more because if I fall while I`am downstairs none will no I have to stay awake and stay in bed so I`am then very tired during the day and no way feel motivated to do anything I do experience severe discomfort from exhaustion

He also asked me about the falls I DO have often I told him about them and he dismissed then so quickly and again talking over my answer I thought to myself what’s the point of him asking me the question if he is not going to listen to it please can you look at the letters enclosed from MY own doctor who was out of the country when you asked for doctors input she has now returned and has willing done a supporting letter for you.

I hope this is ok any advice ?? anyone thank you.

Mod edit:This post has been approved, but please see Forum and Blog FAQ's point number 5. Please do not submit long posts, posts which ask for individual advice or posts which reveal the identity of any person, whether acting in an official capacity or otherwise.

I am locking this thread to the extent that only moderators can respond, as I believe that any further open forum posts would only confuse the situation, and would be of no benefit to the OP.

To Much Pain Will Kill Y ou In The End
Last edit: 13 years 3 months ago by Crazydiamond. Reason: See above.
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