Just got turned down for DLA at the tribunal :(

jazabelle

[FONT=&quot]I just had my Disability Living Allowance tribunal and was turned down. I’m so upset. [/FONT]

[FONT=&quot]Just for background - I have Hypermobility Syndrome (diagnosed) and Fibromyalgia (but haven’t been able to get an official diagnosis from a Rheumatologist yet, but that’s a story for another post!). I also have depression, asthma and Dyslexia.[/FONT]
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First of all I was turned down on grounds that seemed as if they hadn’t read my claim at all. For example I said I could only walk a few metres, and even then in pain – and they turned me down because I could walk adequately for over 50 metres, a direct contradiction. They also said I didn’t need any help, which again I’d explained how much help I do need.[/FONT]
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The tribunal was pretty hard going. The judge running it seemed nice at the beginning and assured me there were no trick questions, and that I would be able to answer all the questions as they were about me, but once they got going they were firing questions at me constantly, and always trying to trip me up.[/FONT]
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The doctor seemed fine, but the Disability Specialist was incredibly harsh. She kept going on about why I didn’t have adaptations. I explained that I couldn’t afford any at present. She said that if I had trouble going to the toilet at night I should have a commode (although it’s difficult getting out of bed, not just to stairs), even though these are expensive and I wouldn’t have space for one in my room. She also asked why I hadn’t had an OT assessment – again, there isn’t much point getting one when you can’t afford to buy the equipment. I do know a lot of these processes of getting adaptations – I don’t think my landlady would allow a bathroom adaptation, and there are no grants available for small adaptations anyway. Ones for big adaptations take a number of years, when I hope not to live here then! My ideal would be getting a council house on the ground floor. [/FONT]
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My car was another big issue with them. I explained my wrists flare up and I find it difficult to grasp or hold heavy items, but they couldn’t understand how I could drive. I said I had to drive to get to places, and it was painful but not impossible like holding a heavy item would be. She asked why I didn’t have an adapted car. Again, I have no income at the moment, how am I supposed to pay for these things?![/FONT]
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She asked me if I needed help getting dressed. I explained I did in the morning, because my muscles were stiff and painful. She asked with what specifically, and I said buttons, pulling things over my head and putting my bra on. She then snapped – well can’t you clasp it at the front then twist it? I got a bit flummoxed at this point, and kind of shrugged. Actually I do find the twisting part hard, it takes lots of energy I don’t have, so I still need help but couldn’t get that across. My mind went blank under the pressure![/FONT]

[FONT=&quot]She also kept going on about why I hadn’t claimed before. I said I didn’t know about it, or that I might be entitled to it. She seemed very sceptical I was never told about it at university. I must have missed those lectures on students and what benefits they might be entitled to – oh wait, there weren’t any.[/FONT]
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At one point the judge was asking about help I need during the night. It turned out I’d put the part about that into the day time help section instead. I explained this was a mistake. He then told me to turn to the declaration page, where he asked me to read the part about the information in the claim being correct, then asked if it was indeed my signature. It was one mistake – just put the info in the wrong box, and he was acting like I’d made the whole lot up.[/FONT]
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So I’m feeling a bit exhausted over the whole thing now. I feel I’m a genuine claim, and I was made to feel as if I was trying to be caught out. [/FONT]
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I guess now it all starts again. I have got worse since my claim in January, so that might help – but I don’t think I could to the tribunal again if I was turned down. I still feel so stressed and upset over it, even though it’s something meant to help me.[/FONT]
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Does anyone have any advice please? I did have help from the CAB during the appeal - she wrote a submission, but I filled out the form myself initially. Someone else suggested going to see DIAL, but we don't have one here. I guess I need to just start the form again and write an essay for every page?!
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mealone

Many portable aids are available free of charge from an OT and thats normally done before a DLA submission for the reasons you have now found and driving is coming up a lot ATM, many people are failing it because to drive you have to insert and turn a key, be able to use both arms and legs independantly etc.

You need to appeal straight away, dont bother with a reconsideration because this will be done as soon as you appeal and ask for a statment of reason (I think thats the right name but someone else will be along soon).

jazabelle

I thought you couldn't appeal a tribunal?

What kind of aids do you know?

That's ridiculous of them in regards to driving a car. I can find it incredibly painful to walk and still be able to drive. If I didn't have a car I would be housebound, as my parents don't drive.

Ames

I'm gobsmacked. I was never told about benefits at uni, just Disabled Students Allowance! And you've got to dig through the benefits rules to realise that students can claim anything anyway, since most benefits students can't get, it's just in the small print that disabled students can.

I twist my bra, always have done, but I struggle, I can't always manage the clasps because of my hands, I struggle with fine things sometimes, and it's hard on the wrists.

Yes, you need to write as much as you can for every question, even if it's repeating something from another section and you have to use loads of extra sheets. You can't assume they know anything about your illness and that you have to tell them everything, even obvious things. I imagine that someone who had no legs would still have to explain that they can't walk unaided!

Definitely put a new claim in straight away.

Ames

You can't appeal a tribunal as such. You can take it to an upper tier if they've made an error in law, but you need a specialist to check the paperwork to see if that's the case.

Paparika

aww hun that sounded so harsh

I have fibro so can completely see where you are coming from.

I applied for dla and got it, but i said on the form that i could not walk any meters without pain, i think it's all down to how you word it.

Please appeal, but get CAB/DIAL to help you all the way, if i can get it then so should you.

Through dial i saw (free of charge) an occupational health, who is a fibro sufferer herself, so maybe that's why i found it so easy, knowing she knew what i had to cope with, i wanted to know what walking aids i needed if i needed any at all, as it is as you say painful, she said i needed a walking stick / stroller indoors and a wheelchair outdoors.

Social Services want to do their own occupational health on me but there is a HUGE waiting list, so until then i am housebound, my electric wheelchair is to heavy to get out the house without a ramp, and i can't have one.

Don't give up hun, ring dial tomorrow, they will show you the way, and we are all here to support you.

jazabelle

Ames wrote: »

I'm gobsmacked. I was never told about benefits at uni, just Disabled Students Allowance!

Yeah - exactly. And that I found out by accident I think. I did get it, and bought a laptop for my dyslexia, and an adjustable desk and a chair, which was life saving! But as you say, no one sits you down and says what benefits you can get. It's a total minefield for students, and getting them to pay your grant and loan can be more than enough grief!

Paparika wrote: »

I applied for dla and got it, but i said on the form that i could not walk any meters without pain, i think it's all down to how you word it.

Thanks so much Paparika. I think that is where I went wrong. I didn't give enough detail or explain enough. I said I could walk a bit, but as you know with Fibro - every step is painful. I think I'm going to learn my lesson and go all out when I apply again! As Ames said - as much as possible for each is best. I'll write a 3000 word essay for every question, and they will get so bored of reading they will just say okay to shut me up!!

Sadly there is no DIAL near where I live (Colchester) they all seem to be an hour away. Ames is being all kinds of awesome at the moment and looking to see if there is anyone similar that can help.

I did get help from the CAB to appeal, but not with the initial writing of it. It's sooo hard to get to speak to someone there.

That was a nice bonus to get someone with Fibro to help you, as they know all about it themselves!

I'm so sorry to hear you are in a wheelchair and housebound with it, that's awful. Is it just Fibro you have, or multiple conditions?

Thanks again everyone! You're all being so helpful.

jazabelle

I'm not sure what aids I can get though. The only thing I can think of would be a grab rail to get into the bath and tap levers - but we don't own the house, and it's not fair on the landlady to put these up. Especially because I hope eventually to move into a council ground floor flat. We are going to start toe proceedings to be reassessed for our band on medical grounds.

Ames

I haven't found anywhere yet, but I'm not done looking! I don't suppose anyone in your family was ever in the armed forces?

Are you on the council waiting list? I got a place quite quickly even though I was just general needs, but we have choice based lettings here which made it easier. Apparantly here the council have OT's too, so once you're in a place they might be able to help you with aids. Your GP can refer you to an OT too, it might be as well to get as many referrals as you can. Then if you've been assessed by one you know what to answer if you're asked why you don't have x,y,z, because the OT will have given you reasons.

All the info I can find on appeals is for before you go to the tribunal, so not much use there.

Ames

This is all I've found so far, but it might cost and lawyers aren't usually the best people for benefits advice. The search only threw up CABs though until you got to London, which is much too far.

http://www.communitylegaladvice.org.uk/en/directory/directorysearch.jsp?showDetails=yes&recordId=112887&languageId=23EN

Haven't stopped looking yet though!

Ames

OK, your council welfare rights only deal with organisations, which is really crap.

You could get in touch with your local branch of carer's uk, they'll know of anywhere local that can help you. Or I noticed there are lots of different CAB's around, you could try a different one, explain the problems with the first person you saw there and go armed with loads of advice (which I'll send you) so they know they can't just do a half assed job and you wont know any better.

I'll try again tomorrow when the advice lines are open.