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DLA Refused
- looker
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11 years 1 month ago - 11 years 1 month ago #104317 by looker
DLA Refused was created by looker
I am currently on ESA in the Support Group for 2 years because of my mobility problems, I can only walk about 30 meters with a stick before excruciating lower back and leg pain prevents me going any further I have spinal problems.
I was advised to put in for DLA regarding my mobility issues which I did, and then I received a letter stating that I have been turned down for DLA mobility.
After appealing this decision I received all the relevant information regarding my claim.
After checking through all the information it stated that I had been turn down because of the information supplied on the GP’s (GPFR form).
Question 6) details of effects of the disabling condition on day to day life.
The GP wrote ( Do not know ) to all those questions.
The GP who completed this (GPFR form) had only been in our surgery for 3 weeks and I had never met him.
I then made an appointment to see him regarding my mobility. After this consultation/examination and him checking through my medical records he sent me a letter free of charge listing all my mobility issues especially waking and standing problems and that walking distance was less than 50 metres he also listed all my care needs.
I sent a copy of this letter to the DLA and the Tribunal services because my appeal is in July, I then receive a letter back from the DLA stating no change to their decision and that they prefer to use the original (GPFR form) response from that GP.
It seems the DLA are picking certain information from the claim to come to their decision.
Is there anything else I could do before my Tribunal hearing?
I was advised to put in for DLA regarding my mobility issues which I did, and then I received a letter stating that I have been turned down for DLA mobility.
After appealing this decision I received all the relevant information regarding my claim.
After checking through all the information it stated that I had been turn down because of the information supplied on the GP’s (GPFR form).
Question 6) details of effects of the disabling condition on day to day life.
The GP wrote ( Do not know ) to all those questions.
The GP who completed this (GPFR form) had only been in our surgery for 3 weeks and I had never met him.
I then made an appointment to see him regarding my mobility. After this consultation/examination and him checking through my medical records he sent me a letter free of charge listing all my mobility issues especially waking and standing problems and that walking distance was less than 50 metres he also listed all my care needs.
I sent a copy of this letter to the DLA and the Tribunal services because my appeal is in July, I then receive a letter back from the DLA stating no change to their decision and that they prefer to use the original (GPFR form) response from that GP.
It seems the DLA are picking certain information from the claim to come to their decision.
Is there anything else I could do before my Tribunal hearing?
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #104323 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Refused
looker
We have seen this type of response from the DWP on several occasions, they seem to believe that the evidence first produced is inherently more accurate than that produced at a later date, whilst this may be the case in some claims, it is certainly not the case in all, and it seems to me to be an all to convenient way of dismissing a Reconsideration without actually doing any work.
It is not entirely clear from your post where you are in the appeal process, you say you are expecting a date in July which implies that the DWP had already completed a Reconsideration, this being the case, I am not surprised that the DWP did not revise he Decision on receipt of this new letter, it usually takes something fundamental to get them to change their minds now that it is with the Tribunal Service.
Things to think about, have you considered getting a copy of your medical records from your GP's practice, these often include letters from your consultants updating the GP of your progress or not?
Requesting your medical records
Charging for medical records
Also, you say that you are in the SG because of your mobility, so have a look at the evidence you presented with your ESA50, this proved compelling to another Decision Maker when they made the award.
Finally, there are some extra guides in the DLA section of the Members area, that cover explaining your mobility in more detail.
Gordon
We have seen this type of response from the DWP on several occasions, they seem to believe that the evidence first produced is inherently more accurate than that produced at a later date, whilst this may be the case in some claims, it is certainly not the case in all, and it seems to me to be an all to convenient way of dismissing a Reconsideration without actually doing any work.
It is not entirely clear from your post where you are in the appeal process, you say you are expecting a date in July which implies that the DWP had already completed a Reconsideration, this being the case, I am not surprised that the DWP did not revise he Decision on receipt of this new letter, it usually takes something fundamental to get them to change their minds now that it is with the Tribunal Service.
Things to think about, have you considered getting a copy of your medical records from your GP's practice, these often include letters from your consultants updating the GP of your progress or not?
Requesting your medical records
Charging for medical records
Also, you say that you are in the SG because of your mobility, so have a look at the evidence you presented with your ESA50, this proved compelling to another Decision Maker when they made the award.
Finally, there are some extra guides in the DLA section of the Members area, that cover explaining your mobility in more detail.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), looker
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11 years 1 month ago #104371 by looker
Replied by looker on topic DLA Refused
Thanks for your reply Gorden,
I sent the DLA the same information that I sent when I completed my ESA50, 6 months prior to this,
explaining my mobility problems, latest consultant reports plus extra information regarding my care needs
After my DLA claim was turned down I appealed the decision and then got a copy of my medical records from my GP, the only other piece of information in my records was a Blue Badge application stating walking distance less than 50 metres signed by a different GP in my surgery.
I sent this Blue Badge application letter along with a copy of my ESA support group award letter to the DLA and Tribunal hearing.
My Tribunal hearing is this July.
I sent the DLA the same information that I sent when I completed my ESA50, 6 months prior to this,
explaining my mobility problems, latest consultant reports plus extra information regarding my care needs
After my DLA claim was turned down I appealed the decision and then got a copy of my medical records from my GP, the only other piece of information in my records was a Blue Badge application stating walking distance less than 50 metres signed by a different GP in my surgery.
I sent this Blue Badge application letter along with a copy of my ESA support group award letter to the DLA and Tribunal hearing.
My Tribunal hearing is this July.
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11 years 1 month ago #104409 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic DLA Refused
Hi Looker,
A friend of mine has had the same problem. I helped her to put together (what I thought was) a really good appeal submission and her GP provided a very good letter of support. However, the DM who reconsidered said that the GP was 'well meaning, but not unbiased' and preferred to use the original ESA50 and the ESA85 as the only evidence.
It has not yet come to appeal, I can only hope that the tribunal are a little more sensible!
A friend of mine has had the same problem. I helped her to put together (what I thought was) a really good appeal submission and her GP provided a very good letter of support. However, the DM who reconsidered said that the GP was 'well meaning, but not unbiased' and preferred to use the original ESA50 and the ESA85 as the only evidence.
It has not yet come to appeal, I can only hope that the tribunal are a little more sensible!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: looker
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