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TOPIC: DLA with ESA medical...

DLA with ESA medical... 8 years 8 months ago #44849

Hope I'm not giving too much away here, but here goes:-... :blush:
History:- I have been unable to work at all since 2006. Husband had to become my Full Time Carer in 2009. He also cares for 3 children. Have so far been diagnosed with 1) Raynaud’s syndrome 2)Bilateral Ulna Nerve Compression 3) Arthritis (problems with back, hip, shoulder/neck, hands (thumb joints) Lower back problem also - dates back to age 19, but never stopped me working before). 4)Fibromyalgia.
Attended ESA medical in Nov. Received DM letter giving me only 6 points (no doc report). Have appealed. Whilst on appeal we receive £205.00 per fortnight for family of five.
My friend gave me the money to pay my membership here. With the help you give here – I re-applied for DLA. Filled form in totally. Attached a 14 page additional info sheet (as form hadn’t enough space). Submitted evidence – which included copy of report my GP completed for my Council blue badge.

Current:- Received decision on Friday - Zero mobility and Zero care! Rang office to speak with DM. Made total fool of myself crying. Eventually told couldn’t be put through, but he would ring me back in 5 days. DM called Monday morning. Over 20 mins on phone and I broke down again. Effectively, he told me [my application] would go forward for re-consideration – but his decision would likely stand. Asked him if he had read any of my application. Very vague. His decision “based on ESA medical”. Amongst other things when I was asking “did he know...” – he actually didn’t know anything... E.g. He thought I was on co-codamol for pain - I am not. I am on repeat prescription for Zapain (only given for severe pain) Asked for Dr X's number ( my 2nd [Atos] Dr X - is it just co-incidence?) and a copy of report. DM ended by saying that perhaps a re-consideration might overturn decision(?).
Received report today (sadly no GMC reg.no). This “Doctor” has made false statements(?!?!) Wont go into all details here. Most of her claims, however, would be her opinion of events versus our opinion of events – so pointless reporting to GMC – they would not be able to investigate that. It seems that my best bet would be a civil action – if possible... Maybe for libel? Or mental / physical harm? Or deliberate falsification of facts and manipulation of events in order to satisfy her employer – which has caused actual harm and distress to me and my family... Ok – I know that I am pulling examples / words out of a hat – but I am fishing for ideas?!?!? – Oh, and despite being given my meds packs, it was she who stated that I was only on co-codamol... Wicked.... :(
Any thoughts?

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Last edit: by Crazydiamond. Reason: Doctor's name/inappropriate word removed

Re: DLA with ESA medical... 8 years 8 months ago #44855

  • kathy1
Hi Maybelle,

Complete GL24's to appeal esa and Dla decisions and return with the time period.

If you have concerns with the medical report, you can complain to medical services.

Seek advice from CAB or wlfare rights.

Kathy

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Re: DLA with ESA medical... 8 years 8 months ago #44862

Thanks Kathy, Have already appealed ESA, I will plod on with DLA. ESA was due today - but not received, presumably this means my appeal has "failed" despite being "virtually unable to walk". I can't walk to bus stop or shop and we no longer have car (since September), so I am, kind of, under house arrest at the moment...

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Re:DLA with ESA medical... 8 years 8 months ago #44866

maybelle

I am concerned from your post, that you have confused asking for a Reconsideration of a Decision and lodging an appeal to have a Tribunal re-hear the evidence.

The former results in the DWP re-assessing the decision with any additional evidence you might have supplied. The success rate for this is very low.

Appealing to a Tribunal, whilst a lengthy process, results in a full re-evaluation of all the evidence, plus any additional information you supply, by an independant panel. The success rate for Oral hearings (one that you attend and give evidence to the panel), is currently 40% for ESA, and I believe even higher for DLA.

Unfortunately, under normal circumstances you only have four weeks to lodge an appeal from the date of the decision, so if you have not done so, it may be too late to do so for your ESA claim.

Gordon

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

Re:DLA with ESA medical... 8 years 8 months ago #44886

  • originaldave
maybelle wrote:


I was asking “did he know...” – he actually didn’t know anything... E.g. He thought I was on co-codamol for pain - I am not. I am on repeat prescription for Zapain ?


no difference both are codeine phosphate and paracetamol mix

30/500 I think ....in fact yes read this

www.goldshield-pharmaceuticals.com/csp/g...rma/pdf/pil/47/4.pdf


you can get 8/500 mix over the counter yours under that name needs to be via dr... most people who know drugs would call your drug what he did ... the guy you spoke to knows his drugs

as for given for severe pain ? yes its a strong pain killer be careful not to take too many its got paracetamol in :)

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Re:DLA with ESA medical... 8 years 8 months ago #44906

If the pain gets really bad, Maybelle, you can have morphine patches ontop of the 30/500 co-codamol, but this is at the discretion of your GP and has to be very carefully monitored. My GP has put me on this when the pain became unbearable.
Hope you get some good luck soon, sweetheart.
Cheers, Pen.

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