Please see below a letter received by one of our supporters from her MP, Sheila Gilmore, who is a member of the Work and Pensions Select Committee. This is a fabulously supportive letter and at the end she asks people who have recently been denied DLA when they renew their claim to get in touch with her. When you do contact Sheila, please make it clear you’re contacting her as a member of the Work and Pensions Select Committee, not as a constituency MP, thanks.
Dear …
Responsible Reform: A Report on the proposed Changes to Disability Living Allowance
I have now read the above Report in full. It comprehensively demolishes the Coalition Government’s response to the initial consultation on DLA which began in December 2010. Many of us who read the Government’s response instinctively thought it didn’t ‘feel right’. Apart from anything else it was a very short document which used extensive quotes which this report shows were cherry picked and de-contextualised. This Report is the analysis which the Government should have published but didn’t.
The section on the reasons for the increase in the number of people receiving DLA is extremely useful. The Government, however, is still inclined to use the ‘inexplicable, unsustainable increase’ argument in the media and elsewhere. This report gives valuable ammunition with which to respond.
So where do we go from here? The Government is still relying on its belief that the majority of people support its reforms, and they continue to supply the press with anecdotes to fire up public anger. It looks as if they will seek to overturn even those modest amendments which have been successful in the House of Lords when the Bill returns to the House of Commons in early February. The parliamentary arithmetic means that they will succeed unless a considerable number of LibDems (or even Tories) break ranks to support these amendments.
There are practical criticisms to be pursued also. Some of the reforms will cost more than the Government is admitting. Once people start to experience the impact they will talk to friends and neighbours who will begin to realise that these ‘reforms’ could affect them, not just some anonymous ‘bunch of scroungers’. Often people with illnesses or disabilities, and their families, are just too busy ‘getting by’ that they see their situation as ‘just theirs’ and it is important that campaigners and politicians speak out for them. In one short street last weekend, out knocking on doors to speak to constituents, I met three families who were being directly affected by disability and its problems. They too need to be helped to ‘tell the story’ as it really is.
I am a member of the Work and Pensions Select Committee which will shortly be publishing a Report on DLA/PIP. We had the Minister appear before us in December and what was striking was how much of the detail remained to be worked out. Further her position is contradictory. For example she made much of saying that one of the reasons for a new benefit and a new test was that there are many people (especially with mental health problems or learning difficulties) who do not currently qualify for DLA. She repeated this line of argument in a Radio 4 interview recently, giving the impression that many more people will get the new benefit. But she could not explain how that would square with making savings! If you want to read more of the Minister’s evidence to the Select Committee here is the link:
http://www.publications.parliament.uk/pa/cm201012/cmselect/cmworpen/uc1493-iii/uc149301.htm
I am also encountering a fairly high number of people who are being refused DLA at renewal claim time. This of course gives the lie to the Government assertion that people get given the benefit regardless of any change in their situation. But more worrying I wonder if the DWP is under instruction to start ‘tightening up’ already. If more people are taken off benefit in the run up to PIP then the Government may be able to reduce the apparent number of ‘losers’ when the change takes place. If anyone has any experience/examples of this I would be particularly interested in hearing about them.
Yours sincerely
Sheila Gilmore MP
This doews not directly relate to the DLA problem but the Atos WCA assessment.
Further to a FOI Request regarding the recording of assessments the DWP have confirmed that if a claimant requests their assessment to be recorded then Atos/DWP will provide the said equipment needed and then provide the claimant with a copy, you can see the FOI Request here – http://victimsofatoscorruption.wordpress.com/2012/01/24/foi-request-dwpatos/
I know Atos/DWP have been doing a pilot study into the recording of assessments but this FOI Request confirms what Atos/DWP will do now, the recording of assessments has been a concern for over a year now by thousands of campaigners up and down the country, I suggest when anyone is called for an assessment they put in a request for their assessment to be recorded, print of a copy of the FOI Request reply from the DWP and send that in with the relevant forms.
I’m trying to get this info around to some MPs, If any of you have contacts with MPs or Members of the Lords then please pass it on.
I have sent Baroness Tanni Grey Thompson some info on this and am waiting for a reply.
Thank You – Paul Smith – Founder Atos Victims Group
Have you tried emailing this info to Anne Begg? She is good about coming back to me when I email her. The only MP’s we can email if we not in their constituencies are those on select committees, which is I guess why Anne Begg replies to me.
Thanks Jane for that, I’m going to send her some stuff today, great site by the way and thanks for all your doing…
I emailed Sheila to clarify whether or not she wants to hear from people outside her constituency, as she’s a member of the Work and Pensions Select Cttee, but her auto-reply suggests she may only reply to people in her constituency, although as a cttee member she may well still be able to.use your info as evidence.
It is ANYBODY, not just those in her constituency – it does say so above
Ms Gilmore only deals with Scottish constituents so that rules me out! I am about to return my form to the DWP for DLA renewal. I have had this benefit for a number of years with no hassle after an appalling start outlined in previous emails here
In previous years I get a claim pack and a letter six months before claim runs out – telling me when to return the form. Not this time. I had to ask for it. Just had a conversation with a retired DWP friend who told me she’s been made aware that staff in Blackpool have a very high turnover and claims for renewal are routinely being denied! I can’t get that info to this MP as I’m not in her constituency!
I don’t think that does rule you out, Silver Sapphire. Sheila Gilmore wants the examples to help her in her work on the select committee, not because you’re a constituent or anything. Why don’t you email her anyway and say in her letter to another claimant she said she would be interested to hear of people being refused DLA on renewal. I understand we’re allowed to contact Sheila Gilmore because of her role on the work and pensions select committee, not because she’s a constituency MP. Give it a go, nothing to lose!
Hi there,
I’ve emailed Sheila Gilmore with my information – I was turned down for DLA at review, after getting MRC & LRM for 5 years. I think I should be entitled to LRC & LRM after small changes in my circs, I didn’t expect to lose DLA entirely.
I have been thinking that the DWP want people off DLA in advance of PIP coming in for a while now – I know too many people that have struggled to get DLA when they are clearly in need of it.
She has clearly said she wants to hear from people, so keep sending to her! Just make sure you put something to indicate you are writing to her as a member of the work and pensions committee in your email – an if poss in the subject bar too.
That’s really helpful, Fiona. Sometimes you don’t think of things that are staring you in the face because you’re too close!! If I stare at this computer screen much longer I will lose the plot seriously!!
HI sheila
I was refused D.L,A which was up in aug of 2011 a doctor did come out to see me after 6 yrs of getting it they turn me down i found some of the doc reples as stupid like i smiled x3 my hands were not soft i have alot of things wrong with me but was not expecting to get turned down
I have just emailed Sheila Gilmore, hope it helps. I have ME, Fibromyalgia and epilepsy and I was originally awarded no DLA, after a visit from ATOS doctor I was given low rate mobility only based on my (non existent) anxiety, not on any of my physical difficulties. The report (now I have seen it) is full of lies, and assumptions on things that were never even discussed in the assessment. It accuses me (in so many words) of lying. It contradicts my own GP (who has seen more more than once I have to say). I am not able to work currently, but I have been working continuously for the last 16 years, whilst bringing up two autistic children. This is not something I asked for. I would much rather have my old life back thanks very much.
Hi Jacky, the Work and Pensions Select Committee is in the Commons so its UK-wide. Don’t be discouraged from contacting Sheila Gilmore but make sure you’re contacting her in her role as a member of the select committee. Thanks for your support!
I’d have liked to have contacted Sheila Gillmore regards the farce I have had with applying for DLA and subsiquently turned down for it twice so far, even though I have menieres disease, rhumatoid arthritis/inflammatory arthirtis and osteoarthritis of the spine as well as asthma and reynauds syndrome and endometriosis. However, i see from these posts she only deals with Scottish members of the public on the select committee, So where does this leave us in England?
Jacky although you affected by your illness(es). You cannot and should not make a claim for DLA on the grounds you are simply Ill or have diagnosed health problem. DLA is for active care and support of an individual that is being provided and can be supported by evidence to show it is being provided. It is NOT a right or indeed statutory award simply because a person is ill or has disability it is paid on account a person lacks independent ability and rely’s on another to support themin daily/personal tasks. If you didn’t show that you received care/support from another in daily activity/tasks (or indeed showed there was reason to have such support as one finds such ‘difficult’) then you would not receive an award. [Editor's note: I just need to clarify that to qualify for DLA you need to have a NEED for support but you don't need to actually HAVE support. eg. you only have to show that you need help to get washed, not that you currently receive any help to get washed. But Ned is right, you have to need support, it's not enough just to have an illness or disability]
Sheila Gilmore MP can only personally deal with her own constituency on a one to one personal level
However on the topic and being she is on the Work and Pensions Select Committee she is open for anyone to write to her for advice
Thanks Fourbanks! That’s why I’ve suggested people make clear in their emails that they’re emailing her in her role as a member of the select committee.
My DLA has just been denied despite my getting it for the last seven years with no problems on renewal. They cite the healthcare professional who examined me foe ESA in Sept last year. Odd that, as I have not been examined by anyone for ESA and what has that got to do with DLA renewals? I have told Sheila about this so she is aware and I will be asking for a reconsideration and failing that, an appeal. This hss been the nadtiest most callous refusal of a renewal ever.
Hi. I have ms and have been in receipt of dla for 3 years but after putting in my recent claim form i have been refused it completely. I do not understand this as I still obviously have ms and my treatment hasnt changed. Please can anybody give me some advice. Thanks
Have you filled in a GL24 form to appeal the decision? That’s the first thing to do – has to be done within a month of receiving the decision. Then you need to find someone to represent you – hopefully the Citizens Advice Bureau or local law centre can help you. We’re hearing that a lot of renewal applications for DLA are being turned down so you really should appeal. Hope this helps.
would really like to know what you do if you dont have a law centre in your area and the cab wont represent you in the tribunal
I was diagnosed with rheumatoid arthritis 6 and half years ago but never applied for any benefit (not even bus pass or blue badge) until last Autumn (2011) when I suddenly fell very ill with pain and stiffness. Also diagnosed with osteomalacia due to vitamin D deficiency. The meds I take for RA, prevent me going out in the sun. I am in such a bad state (at the top dose of strongest pain medications and taking acupuncture) that my GP (guardedly) suggested I consider medical retirement. Not possible for me for 2 reasons. 1. I need my full time pay. 2. I need the distraction from the pain that being mentally engaged in a task provides.
However, I also need help. I don’t and can not drive. The bus stops are not convenient to my place of work (over 600 metres and I can only walk about 40 metres). I can’t have a mobility chair or scooter because I cannot store it (1st floor flat-we are buying). We can’t move because he at 63 and me at 54 can’t get a decent mortgage to help us with getting more suitable accommodation for my disability. Unless we give up savings earmarked for retirement.
Taxis are getting expensive to get to and from work on days when I have medical appointments (there are many). I have Access to Work, but it is only for journeys between home and work not for medical appointments. I spent about £500.00 on taxis last year.
Yet, ATOS failed me on the mobility component of DLA last month. On the report they said I can walk 100 metres with support and some difficulty. This is due to the fact that I sometimes help with the grocery shopping and will not use the supplied mobility scooters because I don’t know how to drive them. Besides my hands and arms hurt as much as my feet and hips. I would just be trading one pain for another. I prefer to favour my hands and shoulders. I need to be able to drive a mouse and keyboard for work. I told the examiner that I lean on the trolley as a support and the task takes twice as long as when my husband goes without me. I told him lately I don’t go at all. Yet I failed. I am too fit for mobility component.
I don’t want to scrounge. I want to keep working. Work is the best pain relief I have. I have worked and paid into the system. I don’t understand why I can’t get help.
The first thing to say is that you MUST ask for a reconsideration and then appeal if your request is unsuccessful. You need to act within a month of the decision. To appeal you have to complete Form GL24; you don’t initially have to give much detail. If you’re out of time to appeal, my advice would be to wait a couple of months and then make another application – hopefully you’ll have kept copies of your first application.
Whether you’re appealing or re-applying, the best place to get superb advice and guidance on how to complete the forms, handle the medical assessment, argue your case etc is http://www.benefitsandwork.co.uk – its costs just under £20 to subscribe but it will be the best £20 you will ever spend. Use their guidance and you will have a much better chance.
I have heard, and the truth is difficult to know really, that DWP is failing most DLA applications first time, so the fact you’ve been denied the higher rate mobility component doesn’t mean you should get it, on the facts. From what you’ve said to me, and I’m no expert, I would think you should qualify; go to Benefits and Work and subscribe.
I hope that’s helpful. PIP will be a different animal altogether – but your priority right now is to fight for your DLA. I hope you’re successful, I really do!
Jane
If there is no law centre or CAB in your area , consider your local Age UK. They take clients over the age of 50 nowadays and will often consider younger people if there is nowhere else they can go for advice/advocacy.It does depend what services they offer locally though.Each Age UK is different in what it provides.
Reading all the posts here makes me feel sick! What a bum deal disabled people get! All I can say is that it sometimes feels to me as if we have a society which allows the able-bodied to sit and snigger at those less fortunate – disabled people – and this is sanctioned by the Government. Disabled people are NOT offered the help, advice, and support they so need and deserve – be that financially, physically or emotionally. And, yes, I do believe that there is an agenda. In the midst of the recession (NOT caused by disabled people, you all might like to remember), the Government are trying to save money by cutting the number of people receiving DLA, ESA, etc. This can be done in many ways:
1. Changing DLA to PIP, and making eligibility criteria more “stringent”
2. Inexplicably refusing people’s renewals of benefits, even when they had previously made successful claims for years
3. Refusing benefits point blank for new first time claimants, often on very spurious grounds
4. Thoroughly ignorant “assessments” of peoples’ assumed capabilities, which insist that individuals can do more than they are actually able to
Sometimes, I wonder if workers in the DWP actually have a clue what disabled people go through. They CERTAINLY seldom show an ability to empathise.
This saddens me dreadfully. Especially as I have personal experience of disability, and of what it feels like to want to work, but not to be able to (and NOT through MY choice, either). For several years I worked happily for Local Government, having worked hard at University, and having then worked hard at my job. I was born with congenital Talipes, and respiratory problems caused by an absence of sinuses on the left side of my face. As a child I missed years of School due to surgery for my Talipes, and subsequent recuperation. Still, I coped, despite receiving NO statutory help at all, and made it successfully right the way to University. To this day, I still have pain in my left foot, which is still far smaller than my right, and weak, and turned in on itself. I also have recurrent bouts of chronic sinusitis, and Asthma. I have inhalers, and have had surgery on my sinuses, but this has been unsuccessful, and I still have respiratory problems.
More recently, I began experiencing excruciating pelvic and back pain, and bowel problems. I became anaemic, probably because I began to suffer VERY heavy and painful periods, during which I was utterly incapacitated. I now have been diagnosed with Endometriosis, for which I have physiotherapy, and have had THREE surgeries to date (all in the space of just over a year). I also have chronic fatigue, and plasma in my urine, a sign of possible kidney problems. I have Reynauds syndrome, and also suspected M.E. Finally, to cap it all (horrible as it is already), I have surgical damage to one of my pelvic ligaments resulting from scarring, which causes the ligament and surrounding muscle to spasm and lock.
It may, or may not, surprise you to become aware that I am in considerable pain pretty much every day. I have constant nagging low back and pelvic pain. I also have diarrhoea daily, worst of a morning, and bowel cramping. I suffer bloating and water retention, as well as nausea after eating. My digestion is sluggish, and my stomach is often swollen and tender. I also experience regular fatigue and breathlessness on exertion. On very bad days, my whole body burns and aches intensely, as though I have flu or a fever, but without a temperature. I suffer painful glands, especially in my neck and armpits.
I am having physiotherapy, as well as frequent blood and urine tests. I take numerous medications – inhalers, painkillers including Diclofenac, Tramadol and Oromorph, also Amitryptiline , and Mefenamic Acid for my heavy periods. I am looking at the probability of a full hysterectomy, and I am only 41. I am devastated by this, as is my husband.
Joy of joys, I find my employment contract terminated, due to my sickness.
Yet I am refused DLA. I have NO idea how anyone could possibly suggest that my daily life is NOT affected. Would anyone at the DWP wish to live my life? I don’t want to, and I have NO choice!
Surely, if my employers deem that I am not fit enough to work, then I have no option than to request welfare benefits? So how can it be that the DWP claim that I am not eligible for DLA? I did not choose to be in this position – my employer put me there, by deciding I was too sick to work.
None of this makes sense to me. How can I be simultaneously too sick to work, but ineligible for DLA and other benefits for “sick” people? (I also tried for ESA, but was told I could only have the contributions-based component, which they then went on to say would amount in my case to my NI stamp only.)
I just don’t get it. Surely there must be TONS of people like me? Where do we fit in? Or does society (and the Government) just wish that we would go away politely and cease to exist?!
It hardly seems right that decisions which affect peoples’ lives, and quality of life, are made by nameless, faceless (and presumably therefore non-accountable) DWP people, who would appear not to have a clue as to how individuals’ illnesses and health conditions affect them. This strikes me as disability discrimination on a societal scale!
Had DLA for past 5 years. Last claim HRM and MRC. Now have just received letter saying I get no DLA. I haven’t got any better, only worse. Have CFS, fibromyalgia, IBS, hypothyroidism, spinal arthritis, sarcoidosis, carpal tunnel syndrome, high blood pressure, depression and really bad RLS. Said they took account of ESA examination on 26/1/12. I got awarded no points. That was one of my very infrequent ‘good days’. My claim was lost though sent in months ago and I had to send in a new claim. So my DLA ran out and my motability car was taken away. I haven’t been out of my house since then. I am just going to take all my pills because I can’t live like this any more. Everything is a fight – and I am just too tired now.
Sorry if I upset anyone with my post. I haven’t done ‘something silly’.
Actually no matter if someone doesn’t be aware of then its up to other users that they will assist, so here it occurs.
excuse me – but I do have mobility problems due to my RSD, I have spent all my savings on paying people to help me, and on transport to hospital and help home from shopping because I am in agony trying to carry things. Its not my fault that all the people in my life have died and I have been left to fend for myself alone dependant on who ever I can pay, I feel insulted by your reply
http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10011816
read this
seems spartacus really isnt very helpful for people from northern england living on £85 a fortnight, where there are no law centres, with a fluctuating condition called RSD, with reynauds, spondylosis of the spine, menieres, vertio, and anxiety attacks… so much for this been a campaign for everyone it seems.
I was after local legal firms up here, not many london firms will just take on a dla triubal greivance, and it is 12 months now, so im now in process of re application.. minus this i cant access help, but thats another issue spartacus should be campaigning for, to remove the barrier of passporting benefits, so everyone with disabilities and long term incurable chronic illness get access to help and services
I can understand why Ned’s comment doesn’t seem helpful but remember that others don’t know any more about you than you reveal here.
Moving forward, if you would be eligible for legal aid there are various good law firms out there. For example, Leigh, Day & Co, Irwin Mitchell, Fisher Meredith. Look them up, give them a call and ask if you could talk to a solicitor who could tell you whether you have a case and what would be involved. I’m really sorry we can’t do more to help, Jacky, and I hope you find someone who can.
I’m very conscious that as a group of disabled and sick people we can do so very little. I constantly wish we could do more, especially for people in a position such as yours, but there’s no point in pretending we can do more than we can.
By the way, Irwin Mitchell is a large Midlands firm, I believe. I believe the Community Legal Services website gives names of local firms if you search, but you’re right that very few are willing to take on benefits cases.
The hardest thing for me is finding out about all those people, like you and many others, that no-one seems to want to help and who we can’t help because we’re only a small groupn of disabled and sick people ourselves.