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dla tribunal yesterday

2

Comments

  • When my OH went to his appeal they told him on the day but before we went in they said if for any reason you don't get the decision today it will be posted out the same day to us.
  • GlasweJen
    GlasweJen Posts: 7,451 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    there are criteria for blue badge that don't necessarily entitle you to DLA, your rep would have been able to tell you how strong your case is. Good luck with your award though, i hate to see genuine claimants being turned down.
  • GlasweJen wrote: »
    there are criteria for blue badge that don't necessarily entitle you to DLA, your rep would have been able to tell you how strong your case is. Good luck with your award though, i hate to see genuine claimants being turned down.
    hi
    my rep said i should get the high rate as i cant do anything without severe pain, re the blue badge criteria i definately fall into the catagory c as the 1st cat is for people who already get dla high rate, 2 is for sight difficulties and 3 is for those not in receipt of dla but so limited in their mobility that their illness is at the point of high rate dla or "falls not far short" .
    i think the problem is with me as i wont take painkillers due to breastfeeding, i did try some but they sent me asleep and i found out later they are morphiene based and highly addictive so wonder i was asleep all the time. obviuosly i stopped as i couldnt look after the baby if asleep and paracetomol doent work , like sticking a plaster on a broken leg lol

    i could just go and get tablets and pretend to take them i guess but i wouldnt want to be lying about stuff.
    i am past the point of physio according to the physiotheopist and need a hip transplant but was told this before at 21 but they said i would need one every 5 years. truth is i am scared about the time i would spend in and out of hospital and if it went wrong would i end up in a wheelchair for life:confused:
    (i was born without a hip joint so dont have the soft tissue ligament as they had to carve a socket when i was four so my bone doesnt actually fit in the socket properly and clicks, collapses a lot)
    the pain has now spread through my pelvis though and im aching all night so is this the artheritis? i dont really know what it is but in the pelvic bones it hurts like hell and i cant sleep with it most times, if i walk for a short while then im up all night so i cant win:confused:
    i think im now at the point though where i may have no option as im housebound anyway.
    thanks for the replies though..appreciated
    x
    ***MSE...My.Special.Escape***
  • LittleTinker
    LittleTinker Posts: 2,841 Forumite
    First things first.

    Just because you have a Blue badge doesnt mean you will qualify for dla.

    All you need to do is convince them that you need it because of your disabilities and that is a very difficult job when you have a baby and are breastfeeding.

    Do you have someone who cares for your baby?

    Also....go back to your GP. There are plenty of other painkillers that you can try. Or even try the pain clinic? They use techniques that you probably havent thought about to deal with pain.....and it always looks good on your claim too.

    Good luck though.....hope all goes well.
  • Gosh what you have just described pinkcandyflossprincess is what my husband is going through, he has had hip disease since birth his hip joint is rotting away, at 7 he had an operation to turn his hip bone around so that the damaged side was facing the other way and had a pin put in, this helped him as a child meant he didnt have to stay in a wheelchair but he has always had lots of pain and suffers from Osteoarthritis, in the last few years it has just been getting worse for him, more pain, lots of falls and x-rays show that he needs a hip replacement but because his hip is so damaged they will not operate on him until they have to because like you he will need more than one hip replacement because they don't last forever but his hip is not strong enough to take numerous operations.

    He also cannot take painkillers (but not because he is breastfeeding i hope ;)), he has also got Menieres disease which is made worse when he takes any painkiller other than paracetomol (which doesnt work for his pain), he becomes so dizzy that he is still left unable to move all day as he is with the pain but it makes him even more at risk of a fall when his dizziness is much much worse so he has been advised not to take anything, which i think DLA used against him.

    Unfortunately my DH did fail at appeal (the lawyer apparently could not understand how somebody who is dizzy all the time and has half a hip, one leg shorter than the other and arthritis cannot walk across a kitchen with hot pans, because the lawyer felt my DH should be able to do this he said he wasn't entitled to DLA even though in his own admission my DH does need care and is in a bad way!) Hopefully the system will work out better for you, i too am considering applying for a blue badge for DH i know our GP would gladly help she cannot understand how DLA ever said no to him!
  • GlasweJen
    GlasweJen Posts: 7,451 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    you shouldn't pass up surgery due to age. I have a pacemaker and i'm 22. each box will last about 6 years and then need replacing. The wires will also wear down and need redone but it's about quality of life.

    You say you're too sore but you don't take pain killers and any tribunal in their right mind will wonder why you've not put the baby onto a bottle so that you can get something for the pain.
  • D&DD
    D&DD Posts: 4,405 Forumite
    At my son's appeal we were given the decision before we left..well before we even made it back to the waiting room actually :rotfl: *we couldn't move any faster!*
    The clerk did say if it was straightforward a decision was usually given on the day..if they disagreed with each other though it would come by post but no timescale on how long it would take that way.
    We had a retired GP,lawyer and another doctor on our panel.
  • hi i had my appeal on wednesday. i was given decision on the day. my representative told me that i may not get decision on the day she said that sometimes they need more time than they are allocated for an appeal to look over the case notes and come to decision. so they will look at it all after the appeals are over that day. she said this is normal practice. she said its not something to worry about and she has seen lots of people who have a decision posted to them who have actually won. so try not to worry. it can just mean that they need more time or have to research things in more depth
    started comping september 2008. september win 100 pounds love to shop vouchers with muiller. october win field maple and garden tools.
  • sandraroffey
    sandraroffey Posts: 1,358 Forumite
    if you get turned down again, appeal again. and this time get someone from the CAB to fill in the forms AND go with you to the tribunal. i got turned down and went to the CAB and they were marvellous. the important bit is getting the wording right on the forms. i got it after almost 2 years of appeals and tribunals. and they had to back date it. the CAB are fantastic on these things.
  • there is an excellent website called benefits and work. they have loads of practical advise and guides on everything to do with dla. there is a small annual charge but i subscribed and it was the best money ive ever spent. i believe that if i hadnt subscirbed to this website and followed the advise on there i wouldnt have won my appeal. the guides show you how best to present your case fill in dla forms and lots more.
    if you are turned down it may be worth your while taking a look at this site. it helped me a lot and i only wish id found it a lot sooner than i did. some dla claims fail because you dont give enough information. so if you have lost then id leave it a couple of weeks to let the dust settle then reapply. if the rate you get is not satisfactory then you could apply for a super session and ask them to concider more info. but please be aware that if you do this then you are at risk of loseing some of the benefit already awarded. its a way to get them to look at your claim again
    started comping september 2008. september win 100 pounds love to shop vouchers with muiller. october win field maple and garden tools.
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