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ME/CFS - Been refused DLA - Advice needed

  • Hayleyg22
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12 years 9 months ago - 12 years 9 months ago #86864 by Hayleyg22
I applied for DLA recently after my diagnosis of ME a year ago. I have today received a letter advising i have not been awarded either care or mobility.

What i find strange is that the reasons outlined in their letter as to why i had been refused competely contradict what i have said in my application form. For example:

"You do not need any help with medication" I stated in my application that i needed reminding to take my medications daily.

"You are aware of common hazards"
I specifically gave an example on the form of where i left the hob on and a teatowel set on fire.

"You do not need motivating to and can can prepare a main meal"
Again i stated that on a bad day i cannot get out of bed and therefore cannot cook, and even on a 'better' day i need assistance and supervision.

Reading their explanation seems like they have not even read my application form, it may as well have been someone elses!! What i am concerned about is they advised they had a letter from my GP. Now this GP has only seen me a handful of times since my diagnosis a year ago, and only for medications - he has never asked me about how the condition affects my daily life, so how he has completed this form i don't know. He was initially supportive and sympathetic, But last time i saw him his attitude was different and he asked "Had i started thinking about work", (I am in assessment stage ESA) now i did see something on the computer about 'DWP' so i believe DWP had written to him by then.

I believe my form was very detailed and accurately described the difficulties i face day to day, i was honest and to the point, explaining the illness fluctuates. I also submitted my initial diagnosis letter from the consultant and a letter from my occupationa therapist which was written for my ESA application, advising of my symptoms and that work related activities at present would be counter productive.

So i am very puzzled as to how they are coming to these conclusions when my appication form is saying the complete opposite.

My main question is:Is it possible the GP has said different and they have gone with his advice?

I intend to appeal and fight this, and have requested a copy of the evidence they have used, so i will see what my GP has written, but i don't know where to start really as this is my first DLA application.

Also, what kind of evidence would the tribunal need? I intend to get some from my O/T and consultant but need to know what the tribunal would want.

Thank you in advance, any advice wil be much appreciated :)
Last edit: 12 years 9 months ago by Gordon.

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12 years 9 months ago #86868 by Gordon
Hayley

Unfortunately, the DWP Decision Maker is entitled to choose what evidence they apply weight to, typically their primary source is the ATOS doctors report, I assmue you had a medical as part of the assessment process.

If your GP is anything like mine, I also suffer from ME, his interest in my case is limited to the 10 minutes I see him every six months, and not always all of that, so it is possible that they were less than supportive of your claim. My GPs eyes glaze over whenever I try and explain my symptoms :(

With regard to appealing, have a look at the following FAQs

How long do I have to appeal?

How to submit an appeal

DLA Medical – What forms to ask for?

and our DLA Appeal guide

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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  • Hardyards
12 years 9 months ago #86871 by Hardyards
Replied by Hardyards on topic Re:ME/CFS - Been refused DLA - Advice needed
Hi, Emma,

I wouldn't have any idea re your question about your GP, but, as regards the Tribunal, maybe this FAQ would be of some help:

Preparing for a Tribunal

There is also the B & W Guide for DLA Appeals:

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

Good luck :)

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 9 months ago #86872 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:ME/CFS - Been refused DLA - Advice needed
Hi Hayley,

I'm afraid that having just come out of hospital yesterday and having answered quite a few posts today, I'm too tired tonight to give a definitive reply.

Have a look through these threads on ME/CFS found using the 'Search Forum' facility
ME/CFS

If you don't find any relevant advice in the 133 hits, post again tomorrow and either I or one of the other moderators will try to advise you in general terms, as we cannot give advice on individual claims.

Good luck.

Jim

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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12 years 9 months ago #86873 by Tilly
Is it ok to post this link to the ME info that DWP DM's use? I hope so
www.dwp.gov.uk/publications/specialist-g...e/care-and-mobility/

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 9 months ago #86874 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:ME/CFS - Been refused DLA - Advice needed
No problem Tilly :) Hope it's of help to Hayley and any other member with ME/CFS.

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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