DLA renewal failed need advice

[mikeydt1]

my name is mike and i used to be a member of the old yourable forum.

any way my dreaded dla renewal forms came through just before christmas or should i say christmas eve.

even before the forms came i downloaded a copy from the internet so i could prepare myself for when the actual forms came and even then i took a good few hours to complete.

after waiting 4 weeks a decision was made to which it was not good and even though they are paying me to the end of april after that i get nothing, i was only getting low and low benefit.

the decision letter which i got objected to every single statement i had made and i was convinced that they had not used the renewal form i had sent in.

i don't want to go in to full details but in one of their decisions they put 'i had no toilet needs' .

in respect of this if i was to argue this out with appeals how would i go about describing that i have genuine toilet needs.

just so that people know i have a permanent urinary catheter which means i am incontinence all the time. with this sort of catheter there are lots of different issues but again for the moment i don't want to discuss them until i have got some ideas how to argue things out.

i do get the impression from the letter i received that none of the disabilities which i sent were taken in their entirety or given any merits and i feel that it is for this reasons why i was not awarded either mobility or care

down hearted but not broken yet,

michael

[davewhit]

its nots what wrong with you its the help you need to manage thats the same for any problem

from what little you say, I think you need input from the incontinace nurse if you dont see one go and see one sometimes you can self refer others need a letter from GP

the link below takes you to the info from a to z dwp medical problems

http://www.dwp.gov.uk/publications/s...ical-features/

the info is quiet new and replaces the old hand book in the
section that refers to your problem it says

If a person is mentally competent, and has normal use of his/ her limbs, urinary incontinence, and other conditions such as stricture can be managed by self- catheterisation, intermittent catheterisation, indwelling catheter with a bag (via the urethra or suprapubic) and/ or the use of incontinence pads.


so it seems thye know you have a problem but newish info says you have no needs unless you come under having cancer or

Functional incontinence caused by a severe mental health condition such as dementia or severe psychosis.


how long was you old award for ? five years ?

[mikeydt1]

hi dave my award was only for 2 years but i was in receipt of this benefit for quite while and went through renewals with no problems.

i am aware that they are looking at how much help you need, for the last 10 years i have had help from someone and this person submitted a statement explaining what help was been provided which was disregarded for reason unknown.

not only was this witness statement disregarded but all my statements were objected to and this included my doctors report.

seeing a incontinence nurse would be off no good as i am all ready under care of district nurses. i can't really see what point seeing a incontinence nurse would achieve as the catheter is cared for by a team of district nurses

i have been through the appeals a long time ago and the same disregarding of statements occurred back then.

at the moment i am not aware of any new evidence they may of obtained and there was no mention of any new evidence to light in the letter they sent me.

the decision made by the d.m were as far concerned presumptions and guesses and nothing more,

michael

[Stepheninleeds]

Appeals have changed, somewhat. Get in touch with someone like the CAB, they could advise on the appeal, help you with it. They may also have some suggestions on the medical situations, treatments, etc. All you have said above can be used in an appeal & you may have a good chance.

[mikeydt1]

hi stephen,

sorry if i sounded a bit off, it is the way they make you feel etc that causes this to happen.

i have done the part of asking for a consideration and am in the process of sending in some fresh stuff giving more insight in to my needs.

at the same time i have asked for all paper work they hold on me, full written reasons plus agl24 form as i am aware that they hardly reverse considerations.

the renewal form i filled in last time where i didn't get any problems was exactly the same form they sent me at christmas.

i did speak to blackpool this morning and the impression sound like i may of not given enough details about care needs which is why i am submitting the further evidence.

by the way like you mention regards to getting extra help, i have spoken to welfare rights and will be seeing them in due course.

at the moment until i get all paper work it is hard to figure out why this adverse decision has happened.

one strange thing is when i had my last renewal which was successful the decision maker back then stated that i can only award benefit for another couple of years so perhaps this has some bearings on this adverse decision resulting in refusal to award after my date ends.

like i say i won't know what is what until i get hold of the paperwork.

if i hear anything over the next few weeks or so then i will let you know more about the situation good or bad.

many thanks for your message,

michael

[davewhit]

Its all guess work as we have limited info but going off what you have just posted and what A to Z says about your condition they expect you by now to be able to manage your problem with very few problems

I think and its a guess you now need to give details as to why you cant manage over and above what they expect someone with your health problem to manage (still with me) so IMO they are looking for sight problems issues with your hands or dementia ?

[mikeydt1]

hi dave i think you may be a little off with what you have said about them expecting me to manage my care by now as if this was the case then they wouldn't hand out indefinite awards!

i find it holy strange that they are still prepared to pay me both mobility and care up to may then start refusing to award anything after that as this is like stating they recognise i still have both mobility and care needs then after that period trying to state that these have gone away after may, this situation i feel is why so many appeal along with other things.

one thing in my post i only mentioned catheter use and yes they come with many many problems some of which can cause serious situations to health and life.

in the renewal form sent which was virtually no different from a previous one this d.m totally objected to everything i put and by doing this this person is making wild assumptions.

as mentioned until all the paperwork then i simply won't know what is what and how they based their decisions. by the way i have asked for a full explanation to be sent getting this d.m to explain why they objected so much to everyone of my statements, i have also asked for other paper and the gl24 as i know they hardly budge with reconsiderations

by the way welfare rights have stated that dla is been scrapped replaced by PIP and that at the moment they are trying to dismiss as many dla claims as possible so we may all be in the same boat.

mike

[davewhit]

hi dave i think you may be a little off with what you have said about them expecting me to manage my care by now as if this was the case then they wouldn't hand out indefinite awards!



by the way welfare rights have stated that dla is been scrapped replaced by PIP and that at the moment they are trying to dismiss as many dla claims as possible so we may all be in the same boat.

mike

1. its a guess your DM could well have come to the conclusion you can now manage, someone else another DM same problem gets indef award

2 PIP http://www.disabilityalliance.org/f60.htm I asked for review went from higher mob indef to higher mob middle care indef on the forums others are getting awards your rights staff talking rubbish lots of people still getting awards

[Stepheninleeds]

It is OK Michael, we all feel frustrated with how the system does not work. It is a challenge to be challenged with them.

It comes down to who handles the claim. One person will give it, another person will refuse it. There is little consistency in the process. At least you have discovered why you might have been turned down & do have some help. Good luck.

[mikeydt1]

stephen i was just talking to someone else on another forum about where one d.m will give it and one will refuse it.

any way i have got the reconsideration going and my gl24 form will be off next week so the ball will be rolling.

well with a sigh just a case of sitting around and waiting to see what their good excuses are.

will keep you up to date when i hear anything,

mike