Devastated

Following a hospital aquired infection 6 years ago I had my right knee removed and fused 2 years ago. I got awarder higher rate care and mobility and as a result was able to get a specially adapted car which is essential to allow me to move around.

In the interveaning period my left knee is now badly affected by arthritis and I have been diagnosed with coronary artery disease which causes me angina with the slightest exersion.

My DLA claim recently came up for renewal and I thought (as did my GP) that there would be little problem getting it renewed given not only do I have all the problems I suffered when I first applied I have several new conditions all impacting on my mobility.

I am devastated to have opened a letter today to say I have been awarded neither higher or lower mobility and only lower care. I just can't believe it. I can hardly walk and what walking I can do is only possible due to high doses of morphine. How can they say I have no mobility requirements?

I now face losing my car. I am at my wits end and I'm not sure I can face an appeal. It all seems just so very unfair. Should I go straight to a formal appeal or should I write and restate my problems perhaps trying to emphasise my issues? I would be grateful for contact from anyone who has suffered a similar problem. MB.

If you appeal, they will automatically reconsider, so we generally recommend appealing rather than just applying for a reconsideration.

Don't forget that you can always withdraw an appeal and you may feel stronger to go through with it once the initial shock has worn off, so why not take a look at our guide to appeals and see if you can psych yourself up to make one. There will almost certainly be a long wait before the appeal, which will give you time to gather yourself together and also to see what fact to face help you can get locally.

Hi mbell

I'm sorry to hear of your circumstances.

I often hear people say as you have, quite understandably, that they cannot cope with an appeal. I'm sure decision makers are aware that a percentage of claimants do not appeal for this very reason, and it could potentially affect their judgement. For this reason I would encourage anybody who has been denied benefits that they are entitled to pursue the matter to an appeal tribunal if necessary.

Good luck

Derek

Hello again and thanks to both who replied to me. I have decided to appeal. If I lose my DLA, I lose my car and if I lose my car I cannot work (do some voluntary work with other disabled people). It seems just so unfair. If I lose my DLA I simply won't be able to afford an automatic car with all the modifications that are legally required. If I could just go out and buy any old car it wouldn't be so bad but I can't.

What I specifically want to ask is around my GP report. I have discovered that the report submitted to DWP was written by another GP, whom I have never consulted, when my own GP was on holiday. She based her report on some very old notes and misinterpreted what was recorded, totally underplaying my true condition. My own GP is now back and has written a letter clarifying and also I have two letters from my Consultants in support. My fear, however, is that the damage is now done. Are DWP at revision or a tribunial likely to accept the 'clarifications' or will they just take the first GP's report and 'stick by it'. I have stated to DWP that I would be more than happy for an independent medical assessment if there is any doubt.

It is all just so frustrating and I feel my whole life is now on hold. I cannot plan anything and I am terrified that I will now be confined, once more, to my house.

Can anyone advise me how the DWP / tribunial are likely to react in this situation?

Many thanks,

MB.

mbell wrote:

Hello again and thanks to both who replied to me. I have decided to appeal. If I lose my DLA, I lose my car and if I lose my car I cannot work (do some voluntary work with other disabled people). It seems just so unfair. If I lose my DLA I simply won't be able to afford an automatic car with all the modifications that are legally required. If I could just go out and buy any old car it wouldn't be so bad but I can't.

What I specifically want to ask is around my GP report. I have discovered that the report submitted to DWP was written by another GP, whom I have never consulted, when my own GP was on holiday. She based her report on some very old notes and misinterpreted what was recorded, totally underplaying my true condition. My own GP is now back and has written a letter clarifying and also I have two letters from my Consultants in support. My fear, however, is that the damage is now done. Are DWP at revision or a tribunial likely to accept the 'clarifications' or will they just take the first GP's report and 'stick by it'. I have stated to DWP that I would be more than happy for an independent medical assessment if there is any doubt.

It is all just so frustrating and I feel my whole life is now on hold. I cannot plan anything and I am terrified that I will now be confined, once more, to my house.

Can anyone advise me how the DWP / tribunial are likely to react in this situation?

Many thanks,

MB.

just as dwp people make mistake they know drs make mistakes so i doubt they will be bothered ... just remember many people get turned down on review and then have to submit more information to sort things out, the DM maker made his decsion based on what was in front of him, and from what you have said and what your dr now needs to do, that might have been right, but as you are now giving more information the dm or tribunal will have more to work with the extra three letters could make all the differance

so fingers crossed

Hi Mbell

I would never second guess what the DWP or tribunal would decide, but a more up-to-date report from a doctor that knows you should hold more weight. You should make a point of highlighting the fact that the old report was written by a doctor that you never met and based on old data.

Both the DWP and the tribunal are obliged to consider the new evidence that you send.

Good luck

Derek