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DLA: Is it worth appealing?

  • Konrad II
  • Topic Author
11 years 11 months ago #86549 by Konrad II
DLA: Is it worth appealing? was created by Konrad II
I have had kyphoscoliosis and a severely rotated right foot from birth (1953)and suffered congestive cardiac failure in 2005, which is being treated by meds and supervision by my GP.
Applied for DLA and a Blue Badge about 3 months ago. DLA Medical Assesment was 3 weeks ago and got a refusal letter from them last week on the grounds that "I can walk 400 metres, slowly, in a normal manner" and I dont need help to "sleep comfortably"

I clearly told both The DLA assesor and The Blue Badge Assesor that after walking 25 - 30 metres I am in major pain in my upper and lower spine and in my knees and feet, which makes me stop and sit down if possible.
I also told both that I have constant back pain in bed which causes me to sleep fitfully.aw my GP last week and she hadnt been contacted by DLA
The Atos doctor talked to me for almost 2 hours and didnt even look at my back, just took my BP and did a few lift legs and arms tests on his couch, all fully clothed

Ok - heres the rub - today I got a call from the Parking Office to collect my shiny Blue Badge! Its now sitting proudly in the car

Is it worth me appealing to DLA as they appear to be just ticking boxes to get a refusal conclusion

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11 years 11 months ago #86556 by Gordon
Replied by Gordon on topic Re:DLA: Is it worth appealing?
Konrad

I can't advise whether you should or should not appeal the Decision, but it strikes me that if you are not in receipt of DLA, you have nothing to lose by appealing this Decision, providing your health is sufficient to deal with the potential stress.

If you do want to go down this route, or just want to get a better idea of what is involved, then have a look at the following FAQs

How long do I have to appeal?

How to submit an appeal

Preparing for a Tribunal

Our DLA Appeal guide is on the following link

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

Gordon

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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11 years 11 months ago #86583 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:DLA: Is it worth appealing?
Konrad II wrote:

I have had kyphoscoliosis and a severely rotated right foot from birth (1953)and suffered congestive cardiac failure in 2005, which is being treated by meds and supervision by my GP.
Applied for DLA and a Blue Badge about 3 months ago. DLA Medical Assesment was 3 weeks ago and got a refusal letter from them last week on the grounds that "I can walk 400 metres, slowly, in a normal manner" and I dont need help to "sleep comfortably"

I clearly told both The DLA assesor and The Blue Badge Assesor that after walking 25 - 30 metres I am in major pain in my upper and lower spine and in my knees and feet, which makes me stop and sit down if possible.
I also told both that I have constant back pain in bed which causes me to sleep fitfully.aw my GP last week and she hadnt been contacted by DLA
The Atos doctor talked to me for almost 2 hours and didnt even look at my back, just took my BP and did a few lift legs and arms tests on his couch, all fully clothed

Ok - heres the rub - today I got a call from the Parking Office to collect my shiny Blue Badge! Its now sitting proudly in the car

Is it worth me appealing to DLA as they appear to be just ticking boxes to get a refusal conclusion


Glad to hear that your Blue Badge application was successful, but not your claim for DLA.

As Gordon has already advised we cannot advise whether or not you should appeal
your DLA refusal. However, you have nothing to lose by doing so and when you submit an appeal to DWP, then before it is sent to the Tribunals Service to action, it is always 'reconsidered' by a more senior DWP Decision Maker and in recent months
there has been a considerable increase in successful reconsiderations.

You can download an appeal form GL24 from the link provided by Gordon "How to submit an appeal.

Best wishes.

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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  • Konrad II
  • Topic Author
11 years 11 months ago - 11 years 11 months ago #86590 by Konrad II
Replied by Konrad II on topic Re:DLA: Is it worth appealing?
Thanks guys.
I forgot to tell you that the Atos assessor seemed particularly interested in my scoliosis when I mentioned having to wear a Milwaukee brace for 2 years 24/7 when I was 17
He elaborated and suggested the brace would have done no good as my vertebrae would have finished developing by age 15 and at that time (1970) no ops were available to correct scoliosis

He went on to tell me that after training in Nigeria, his first junior doctor post in the UK was in Scotland in 1975 and on his first day he assisted an eminent orthopedic professor in a scoliosis op on a 15 year old - one of the first done in the UK

This was fascinating, however in hindsight was this inappropriate and not really what one would expect making the assessment unreliable?

Only asking because of the "ways to challenge the DLA medical report" pdf

Also, how can I get a copy of what the Atos filled in on his form?
Last edit: 11 years 11 months ago by Gordon.

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11 years 11 months ago #86593 by Gordon
Replied by Gordon on topic Re:DLA: Is it worth appealing?
Konrad

If you think it a relevant point, then you can include it in any submission you might make to the DWP and/or the Tribunal Service.

For the medical report, see the following FAQ.

DLA Medical – What forms to ask for?

Gordon

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

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