Appealing for DLA.

[MattHirst]

Right, i'll give you a short story before i get to the main question.

As some of you may know, i had a bad bike accident in June last year, the main injuries that still affect me now are a broken leg (femur, tib and fib) and broken back (wedge fracture to T8, fractured T7 and hairline cracks in T11).

Well, when i left hospital in september, my back didn't really affect me, it was just my leg that constantly hurt and obviously restricting my walking. But now if i am stood up for more than about 5 minutes my back really really hurts and if i am walking then my back and leg hurt within minutes.

I applied for DLA in october and was refused, so i thought fair enough, i aren't crippled enough. Well, it was only on monday that the physio that came to do a work assessment (to deem whether i was fit enough to work and if the working environment was OK...like lifting equipment etc). Anyway, she said that i should apply for DLA, so obviously i said that i had, and had been declined any rate of benefit. She then said that they refuse almost 100% of people the first time they apply.

So i routed out the letter that i got where it stated i had been declined and it said that if i wish to appeal, i must do so within 1 month of the date on the letter (which was 12/12/08).

So obviously i can't appeal on the basis that it has been more than 1 month. But then if i re applied and stated my circumstances (they have changed slightly, in the way that my injuries now affect me slightly differently). The reason i mention this is, if i re-applied with different circumstances then they may think i am trying to pull a fast one and tell me to go swivvle or try and report me for fraud or something

Not sure if anyone works in this sort of department (department for work and pensions) but can anyone advise me on what to do?

Thanks
Matt
____________________
It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Tricolor Fan]

Basic advice is:

Yes, re-apply, as your situation has changed.

Look up the A-Z of illnesses on the DWP website and the older Disability handbook to see how they view your problems.

Ask your GP consultant and anyone else involved in your treatment for their support; letters from them to go with your claim are very helpful.

When you fill in the form, put down how it affects you on the worst days and how it affects you physically, mentally and emotionally.

Contact your local councils welfare rights officer for advice.

Appeal if turned down.

No, your not a benefit scrounger, you have a real problem which prevents you from functioning the way you used to, think of it as a well deserved tax refund!
____________________
Give me ambiguity or give me something else.

[Bikeless]

Have you got a personal injury claim on the go?

[Tarmacsurfer]

If you look around there will almost certainly be a local unit/charity in the area that can advise and help with the blizzard of forms that the DSS throw at you when applying for DLA, it's well worth finding one. I had endless trouble despite being very literate and having multiple specialists reports and assorted medical certification, it took two appeals and a lot of effort to get a claim in place.

The whole system is set up to make you feel like worthless malingering scum and indeed many people will hear the words "back injury" and immediately presume that's what you are, just keep your head up and keep going. Best of luck.
____________________
I'm immortal. Well, so far.

[scorps]

good luck mate,

broken back pelvis skull and other injuries that left my partner in a coma then disabled for several months and we still got fuck all

mate who works the system gets everything and hes working cash in hand on the side
____________________
Do not presume that I am male.

[Dragonfly]

You can reapply online you know. Its faster. If you are out of appeal time just put in a fresh claim. Cant understand why you didnt get it I seen people get it for less.

[MattHirst]

Thanks everyone, will give you helpful karma once i've written this.

I did do it online but found some of the questions badly worded, and also found a lot of the questions aimed towards people that require carers at home etc, rather than walking issues when out and about.

I know they contacted my consultant and when i went to the fracture clinic and all he said to me was how is your pain? I simply said its fine when i'm just slouching around, he then wandered off before i could explain my walking issues. I guess he then told the DWP that i am relativley pain free, hence why they decided not to accept my claim.

I am not undergoing a personal injury claim as the accident was technically my fault

I know my physios mentioned that i can get help filling the forms in, i may request a written form (Rather than online) and get some help filling it in.

Your help is very much appreciated and has been taking into account, i will proceed with making another claim

Thanks
Matt
____________________
It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Dragonfly]

Make it sound belivable. I know you are honest when writting it but some people tend to go over board with them. I know people that wrote on forms they where fecked and didnt get a penny yet I wrote the truth on mine from my back and neck injury and everything else that effected me. I was honest, I didnt take the piss, I put on it I could walk and didnt need help getting about. My phycoe I think was contacted also as I had her name on it. My doc was contacted also and what I said was the truth. I think if you overly bull shit they will see through it. And I had done mine online and took about a month while others have waiting 5 months through the normal channels. I know people who are worse off than me that dont have it and I cant understand that myself. I feel giulty as I have it because they also deserve it. But I do think its the way you go through it that matters and word it.

Local mps like to write them out here, they like to bull shit on forms and you end up getting send to the crook doc who lies and you get nothing.

[Tricolor Fan]

Make sure you explain that your spinal injuries are cervical/thoracic, far too many claimants with lower back pain probably does affect the decision makers view.

Also remember that the decision maker is probably totally unqualified (last to be hired, first to fired type) at making a decision regarding what you write so keep it simple and to the point.

Good luck with the back and the claim!

I get DLA for various things and it can be a complete PITA.
____________________
Give me ambiguity or give me something else.

[MattHirst]

Well i re-applied via the online form last night, if i get refused i will get someone to help me appeal I didn't mention that it was thorasic but i did mention T8, T7 and T11 so i presume they will know that means thorasic

Just a case of waiting and see now. Only thing is, i know if i get accepted that the DLA will be 'back dated' to the date i made the claim but is there anyway of getting it back dated to the date i made the first claim?
____________________
It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Dragonfly]

No only to the date you made this claim.

[MattHirst]

Oh well, not a huge loss i suppose.

Last time it took about 6 weeks for it to come through, hopefully it should be a bit quicker this time.
____________________
It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[Dragonfly]

Fight for it if your turned down again. You sound like yuo deserve it. They took it off my sister who is disabled and my dad had to go and face them, took 2 years but they where back paid for 2 years. She had it before they just stopped it. Also My OH niece was in hospital with leukimia and had downs syndrom she always got it and they took it off her. They had to go to the papers to get it back again. They really can be cunts!

[Tricolor Fan]

[Clanger]

They are seriously cracking down on DLA. My relative has alzheimers and she got turned down twice, she is now been accepted and is on the low rate because of some loophole.

A friend of mine has one leg, and his DLA was revoked recently because he isn't deemed to be disabled enough...yet his situation hasn't changed...the leg certainly hasn't grown back.

Don't be too disappointed if you get nowhere...it's a frustrating system, and it seems like those who need it most just don't get it.

I would guess when the court case comes up - it's best you go to it, in person rather than rely on your evidence! Good luck.
____________________
Be who you are and say what you feel, because those who mind don't matter, and those who matter won't mind - Dr. Seuss

[MattHirst]

I might have to go to court in order to get DLA?
____________________
It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[smegbrains]

We had a gigantic struggle getting DLA for myself. I was awarded it a while back at higher rate. They changed their minds a year later and said I wasn't able to qualify for any rate of it, despite my condition actually being worse!

After a load of hassle and hearings, tests etc etc I finally got awarded a lifetime claim at middle rate for both parts, so I never have to be re-assessed as I will never get better.

My mother dealt with most of it as I was unable to, however I can remember we got a company of some sort who specialise in the DLA process to assist us, and I had to sit in front of a tribunal and answer their questions.

Keep at it, your case sounds very deserving so don't let them tell you otherwise. Use every avenue at your disposal and don't let any claim lapse as you will lose your backdating.

[smegbrains]

[MattHirst]

Ahh ok, thanks....was getting worried there

Should hear back from them within a couple of weeks i hope. My consultant better not just tell them any old jibber jabber either
____________________
It's all fun and games until someone gets hurt, then it's bloody hilarious!!!

[yandy_yay]

DLA sucks so much, it's not whats wrong with you that counts it who you know and how to work the system....

My step daughter has OCD, yeah right... ok so she has a bit and i mean a bit of a cleaning fetish but it does not stop her doing anything at all, yet she still claims DLA it is fVcking abysmal an me as a tax payer is paying for it !

Hope you get some good advice this time round, don't accept no for an answer,

Good luck

Andy
____________________
past bikes: (20 years ago) cg-125 (wriiten off), C-50 (thrashed n' finnaly scrapped), CZ-125 (nicked - never recovered, insurance payout was more than i paid for it !!!)
Current bikes: GN 125(now sold), Divvy 600s.

[Tricolor Fan]