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Thread: Who failed their Assesment & lost their Incapacity / ESA or DLA

  1. #1
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    Who failed their Assesment & lost their Incapacity / ESA or DLA

    Has anyone failed their Assesment and lost either their Incapacity Benefit, ESA or DLA?
    What was your current health condition like?

  2. #2
    Senior Member Stepheninleeds's Avatar
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    I failed DLA, because my GP said I had no history of any medical conditions & I was not on any medication. My condition at the time was bad enough for me to win the appeal & get HRM & MRC.
    ~ ~ ~ ~ ~ ~
    Stephen

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    It is very suprising all the years you may go to the same doctor and no matter how ill your health may be he will let you down in the end due to a lack of support.

  4. #4
    Senior Member Stepheninleeds's Avatar
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    In my case we had moved a few months before. The problem was he filled in the form at home, without my medical records. I could not believe this, & challenged him on it. He would not accept that it was madness to fill in such a form without any reference at all. I know this would not have happened with out old doctors. At least I did challenge him & had my say.
    ~ ~ ~ ~ ~ ~
    Stephen

  5. #5
    Senior Member mikeydt1's Avatar
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    hey guys i am sat here at the moment with a tube coming out of my tummy and yet according the dwp of blackpool i no longer have any disabilities.

    i know there are cuts going on, it is one thing to try and save money but when they start doing dirty tricks like this, especially to the genuine disabled then it becomes a different matter.

    i am not one to give up and will fight these people to the end,

    mike

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    My problem was I hadn't got a diagnosis.

    I started having problems in 2002 when I went to join the RAF, I was super fit and used to cycle 20 miles a day then suddenly I started with severe chest pain.
    I passed the RAF interviews but failed their Medical, still with no idea what was wrong and the condition was getting worse.

    For the next 18 months I spent a lot of time with numerous specialists, tests and spinal blocks.
    I ended up in a wheelchair.

    I was eventually diagnosed 3 years later with Facet Joint Arthritis (2007).

    I applied for DLA in 2004, was turned down on both original application and appeal (I used a disability charity called DISC to help fill in the application forms). I then went to Welfare Rights who came with me to Tribunal and we won.

    I was awarded DLA HRM for 3 years from the date I applied, unfortunately it was now 2006 so I only had 1 year left.

    I reapplied in 2007 with the same medical evidence as before and was awarded DLA HRM for an Indefinite Period.

    I have now only just been diagnosed properly with Ankylosing Spondylitis, and as it's a degenerative disease I can't see myself getting better any time soon.

    If the worst comes to the worst and I lose my HRM, then I'd just have to get on with it. We'd definitely struggle though, I maybe in a good job but my wife isn't and as a family I don't think we are much better off than some people on benefits.

    We just need to think positively and don't worry or think about it until it happens.
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  7. #7
    Senior Member Stepheninleeds's Avatar
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    Well Mike, take some photos, show them, lol. Do keep fighting.

    God Paul, that is bad. I have not had half the things diagnosed, but I did win.

    How can we accept what has not happened? We cannot. Of course we are worried, but we will cope somehow.
    ~ ~ ~ ~ ~ ~
    Stephen

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    Quote Originally Posted by Stepheninleeds View Post
    In my case we had moved a few months before. The problem was he filled in the form at home, without my medical records. I could not believe this, & challenged him on it. He would not accept that it was madness to fill in such a form without any reference at all. I know this would not have happened with out old doctors. At least I did challenge him & had my say.

    I recall 3 years ago when a friend of mine applied for DLA and the DWP came to her home and filled out the application form asking her questions and he wrote down the answers.
    The DWP officer aske if she could sign the back in which to confirm he paid his visit.

    She was refused DLA and was sent back all paper work she provided including doctors letters all the judgement went by was what the DWP officer wrote down.

    Once she received the paper work she read her application form and was shocked related to the answers she provided compared to what the DWP officer wrote down was entirely different and at the back of the form where he asked if she could sign her signature in which to declare he paid his visit was not the true reason for the signature.
    The reason for her signature was that the DWP officer read all the answers back to her and she agreed to the answers written or she read the answers and she agreed to what he wrote down.

    The DWP is CORRUPT!

  9. #9
    Senior Member Stepheninleeds's Avatar
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    This is not news sadly. I had a similar thing with the doctor who visited me too. One example, I showed her the cuts & a couple of burns on my hands from trying to prepare & cook food, & get it in & out of the oven. She put ( Forget how she worded it) that I could prepare food without any trouble. This is part of the problem with signing things you have not seen. We are suppose to take their word for it. The point is, & I want to be careful for legal reasons here, is that if someone says something & this later proves not to be true that is lying, so why can we not sue? if we said something on the form & this was not true we are committing fraud. We certainly do need recorded interviews, then whoever says someone has not told the truth, there is the proof. At least with the CAB you get a copy of your form from them. I think before we sign anything we should read it, & if they refuse we should not sign. How can we sign if we have not read it?
    ~ ~ ~ ~ ~ ~
    Stephen

  10. #10
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    I think the doctor who visited me allowed me to sign the forms, then went on to write more after the visit.
    Motability Car History
    05/2009-05/2012; Nissan Qashqai 1.5 Diesel Tekna; 36,500 miles; avg 41.1mpg (34.2 - 56.5mpg)
    06/2012-Present; Ford C-Max 2.0 Diesel Titanium Powershift; 24,000 miles; avg 38.1mpg (33.6 - 56.7mpg)

    Click here to send me an email with any private Motoring questions you may have. Replies usually within 48hrs

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