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TOPIC: Unbelievable! DLA ''Not Entitled'' Result

Unbelievable! DLA ''Not Entitled'' Result 8 years 3 months ago #18450

I'm so angry at the moment. Despite following the guidance issued by this website on DLA renewal applications, keeping my GP informed, taking 3 months to complete and drafting out my responses to the questionnaire 6 times; the DWP decided that I was not entitled to either Care or Mobility allowance!

It appears, from the letter I got from them this morning that there decision is based upon my claim form AND the ATOS doctor who examined me for incapacity benefit (which I got) last November.

According to my GP's diagnosis I'm suffering from ''Stress Related Disorders'' and is medicating me for depression and anxiety. I also suffer from hypertension, which I believe is caused by worries and problems that occur while under medication (like now!). Personally I think my illness is more deep seated than that but who am I to argue with a qualified GP?

What I do know for sure is that the ATOS doctor who examined me last November didn't ask any questions that relate to DLA, wouldn't let me take a break when I developed a severe headache due to the stupidity of the questions he was asking and that I lost patience (not suprising in my condition) with him, and he called my wife, who was with me, a liar.

I'm not capable of holding my own in an arguement and my confidence (what little I had) is shattered. I need practical help in moving forward to an appeal and would welcome members comments.

I'm afraid I'm going to bed now. I feel ill and I suppose the pit of depression will have me for a few days, but please don't forget me.

BCW

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Re: Unbelievable! DLA ''Not Entitled'' Result 8 years 3 months ago #18455

  • Sofie
DLA is based on care and /or mobility needs and not diagnosis.

Ask for a statement of reasons and get as much evidence as you can.

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Re: Unbelievable! DLA ''Not Entitled'' Result 8 years 3 months ago #18481

Hi bcw,

I'm sorry to hear about your claim, but don't despair.

Download copies of our guides to DLA appeals.

Follow the advice on how to lodge an appeal within the time limit.

Then send for a copy of the medical report and any other documents used by the decsion maker in reaching their decision.

Then begin, bit by bit, assembling your arguements to challenge the decision.

Put them in writing and send them to the tribunal service and in the meantime, see if you can get someone to represent, or at least accompany you, at the hearing.

Lots of our members win their appeals, so don't despair.

Good luck,

Steve

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

Re:Unbelievable! DLA ''Not Entitled'' Result 8 years 3 months ago #18495

Thanks Sophie and Steve, I'm hoping to appeal and will be following the guidance closely. I'm just sorry that I'm not more like my old self, in which case I'd be looking forward to the appeal...sadly though it fills me with dread. Still, it needs to be done.

Had a telephone consultation with my GP this morning, mainly to try and keep depression at bay - at least a little. After explaining my situation to her she said, and I quote, ''Depression isn't really an illness''. I think I'd better find a GP who knows what they are talking about...

BCW

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Re:Unbelievable! DLA ''Not Entitled'' Result 8 years 3 months ago #18532

  • ada russell
Hi I'm really sorry, unfortunately this is now becoming the norm. The tribunal service is squeaking at the seams and something has to give. I personally would give some sort of amnesty so that everybody involved could have some breathing space so that sensible, common sense, workable systems can be introduced. Throwing manpower at a problem rarely produces a long term permanent solution, it ends up costing more money. Treat the cause not the symptons.
I strongly recommend you go ahead with an appeal and the tribunal. You'll probably regret it in the future if you don't, even if you win the lottery, because D.L.A is not means tested. You can cancel the appeal at any time, even on the day of the tribunal. I will finish this off on another
reply.
Ada

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Re:Unbelievable! DLA ''Not Entitled'' Result 8 years 3 months ago #18536

  • Sofie
Do you have any evidence to back up what you've said on your forms?

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