DLA Appeal - Not sure where to turn.

I'm in the early stages of my DLA appeal (sent off my GL24 a month ago) as they turned me down flat without a medical.

Since the decision was made I have been awarded ESA (WRAG).

I have a benefits advisor who is waiting on my instruction, she received all the paperwork and I was turned down based on my GP's useless report. For starters it was filled in by his secretary (he told me this himself) as he was on holiday for a month and it had zero information on it. It just confirmed I had ME/CFS and depression and related pain. It said 'not known' when asked about care needs even though I have told him countless times and gave him the check list that came with the members guide.

My benefits advisor has offered to write to him to ask him to write another letter but she said the cost could be a lot and there is no guarantee it wouldn't be any more detailed than the report he sent to the DWP.

When I asked my GP for a copy of it he said 'forms like that make me angry, I don't live with you or see you all the time so I can't answer their questions'.

Based on that, I think I can pretty much guarantee I'll be going to appeal without my GP's support.

I have seen other medical staff but so far only for 1 appointment so they can't help either.
I have been referred for physiotherapy (by a Rheumotologist) which starts next week but that is the only medical help I am receiving. My GP is of the opinion there is not a lot that can be done with ME/CFS so I've not had a lot of help from other medical professionals. This was the main reason I wasn't put into the care group of ESA, because of the lack of medical intervention.

I'm just not sure what to do as I'll have no further evidence apart from what was written on my form. I've now got my ESA medical report which I want to submit as evidence and I've also since been awarded a blue badge but my understanding is that it really won't hold much weight anyway.

I just can't see how I'm going to win this appeal when I have no-one to back me up.

Can anyone advise?

My GP is of the opinion there is not a lot that can be done with ME/CFS

Trouble is, he's probably right.

so I've not had a lot of help from other medical professionals.

Could be a mixed blessing. Knew one chap who a few years ago was offered a hospital pain-centre solution to ME-generated pains in his arm - no kidding, they reckoned on killing off the nerves!
Based on personal experience of what can at least help with that symptom, I made a non-destructive alternative suggestion.

This was the main reason I wasn't put into the care group of ESA, because of the lack of medical intervention.

Surely they cannot count that against you, when it's a recognised - but untreatable, because the medics haven't yet figured out how - condition...

Hi Sassy,

The first thing to be aware of is that whilst medical evidence is valuable, many people win their appeals without any supporting medical evidence. The tribunal will place a great deal of weight on their impression of you na the evidence you give on the day. And in this case the DWP don't have any medical evidence to support their refusal to award either, given that your GP said they didn't know whether you had care needs or not.

It might well be worth asking your gp for further evidence but making sure that he explains beforehand whether he will charge and how much, so you can decide whether you want to go ahead.

I do just wonder, if the original evidence was provided by his secretary, then iwho actually signed it?

Good luck,

Steve

Hi Sassy,

With having been to an oral DLA appeal hearing 3 weeks ago, I can confirm that it is your presentation of your case on the day to the tribunal that will win or lose your case.

The best advice I can give you is to concentrate your efforts into explaining how you are affected and what help you need because of your disability, from you get up in the morning until you go to bed at night, and also if at times you need help during the night.

Pay particular attention to disability aids, do you use these, how do you benefit from them. If you dont use any, be able to explain why you feel they are of no benefit to you.

Also, if you are claiming mobility component, concentrate on explaining in detail giving examples of how walking outdoors affects you.

The doctor on the panel will probably question you on mobility, and the disability member will probably ask the questions re care. Both sets of questions will relate to what you included on your DLA form, so make sure you can verbally explain anything you have included.

Even though your GP hasnt given any great detail on your care/mobility needs, she/he has at least listed your disabling conditions on the factual report. Lots of peoples GP's dont actually know the full extent of their patients needs so the tribunal will already know this fact.

Honestly, Sassy, i cant enforce to you enough that it is definatly how you answer and explain on the day that will make the difference. And again honestly, see if you just be yourself, that also makes a big difference, and based on my own tribunal experiences, the panel will not put you under any pressure.

Good Luck.

Kathy

Thank you all so much for your replies, I don't feel quite so lost now!
I know my appeal probably won't be for ages yet but it has been playing on my mind.

I've just got back from my WFHRA which is a 45 mile round trip for me taking almost an hour and I had to be there at 9am so I'm EXHAUSTED so I'll have to make this post short and sweet.

Thank you again!