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DLA appeal/ new claim

  • sharon
  • Topic Author
13 years 5 months ago #32781 by sharon
DLA appeal/ new claim was created by sharon
Hi All,
looking for some advice,
I put in a claim i April for DLA, was in the process of being diagnosed with MS. This was turned down, probably due to the medical reports from a gp at my practice, who I don't see & a neurologist who I again dont see.I have since seen another neuro who has confirmed my diagnosis.
So went to CAB this am to get help with appeal & ended up very confused, basically they said my appeal would be turned down because I wasn't diagnosed when I claimed! I thought it didn't actually matter about diagnosis it was how disability affects you! They also said I couldn't put in a new claim till 6 months after my last decision- 16 oct?
Sorry for this really long post, just confused

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13 years 5 months ago #32786 by DRAGON2009
Replied by DRAGON2009 on topic Re:DLA appeal/ new claim
DLA does not depend on a diagnosis though of course it is very useful to have one. You can argue that pre diagnosis difficulties were obviously MS pre diagnosis and ought to be considered
Many conditions take years to be identified

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13 years 5 months ago #32790 by Derek4
Replied by Derek4 on topic Re:DLA appeal/ new claim
Hi Sharon

I disagree with the advice that CAB have given you.

Unless the medical evidence in relation to your diagnosis suggests that you only suffered from MS from the date of diagnosis and not a day before, you do have a case that you suffered from MS at the date of claim, although as Dragon2009 said, it's not entirely dependent on the diagnosis.

Best of luck

Derek

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  • sharon
  • Topic Author
13 years 5 months ago #32791 by sharon
Replied by sharon on topic Re:DLA appeal/ new claim
Thanks Derek, thats kind of what i thought, just felt the advice wasnt quite right.

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  • sharon
  • Topic Author
13 years 5 months ago #32792 by sharon
Replied by sharon on topic Re:DLA appeal/ new claim
My thoughts as well! thanks

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  • originaldave
13 years 5 months ago #32837 by originaldave
Replied by originaldave on topic Re:DLA appeal/ new claim
sharon wrote:

Hi All,
looking for some advice,
I put in a claim i April for DLA, was in the process of being diagnosed with MS. This was turned down, probably due to the medical reports from a gp at my practice, who I don't see & a neurologist who I again dont see.I have since seen another neuro who has confirmed my diagnosis.
So went to CAB this am to get help with appeal & ended up very confused, basically they said my appeal would be turned down because I wasn't diagnosed when I claimed! I thought it didn't actually matter about diagnosis it was how disability affects you! They also said I couldn't put in a new claim till 6 months after my last decision- 16 oct?
Sorry for this really long post, just confused


what stage is your ms ? because I have seen on here and other forums people with early stage ms not getting DLA because they dont think your needs that great :( they also of course look at the type of ms you have I think there are two types and four stages

try this site for info

www.thjuland.net/multiple-sclerosis.html

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