Just got turned down for DLA at the tribunal :(

purplecatlover

how good cab are is really dependent on your area, mine are kinda rubbish too but i have heard of the occasional one with excellent advisors and people willing to help and attend hearings etc.

Ames

Woodbine, I looked at her council website and their welfare rights only deal with organisations, not individuals, which I think is really crappy of them.

jazabelle

I just phoned DIAL headquarters who gave me the number of the nearest one (an hour away.) I tried them and they said they don't help with filling out DLA forms!! I can't understand it - so many people on here have recommended them to me. They told me to contact the welfare officer at the local council, which as Ames has said - only helps individuals.

So CAB and DIAL have said no, and the Welfare officer won't help me! I'm really stuck now, aren't I?!

jazabelle

Someone suggested Disability Essex, which was listed on the DIAL website. She said they only help people in the Havering area, but gave me the number of the one in Essex. I phoned them, and spoke to a man who put me through to the help line, and she picked up again! She explained Essex were in the office next door, and they both obviously thought each other were the solution! She was very nice and took my name and number in case she thinks of anyone.

munchings-n-crunchings

Hi there,

For Welfare Rights, I'd try contacting the County Council.
How daft is it, to restrict the access to organisations, and not deal directly with those that need the help.
Welfare Rights will also support you all the way through to tribunal.

Do a 'self referral' to Social Services.
I know you say that you are in rented accommodation, but if you struggle and cope, then people will think you can obviously manage.
Once you have referred yourself, you should be given a timescale for the assessment.
The service in many area's is over subscribed, but keep chasing your appointment.

Make an appointment with your GP.
My sister was struggling to get a diagnosis, and the GP felt it was Fibro.
She was referred to a Pain Management Clinic, rather than rheumatology, who were fantastic. Her final diagnosis was M.E.
Make sure your GP is up to date with how you are affected. Sometimes, as patients, we fail to tell our GP exactly how we are coping, and what out medical problems are. Just down to human nature, we pretend everything is ok.
It may help to write a letter, and give it to your GP at the appointment, just so you know everything has been covered.
If you have a Consultant, do the same....If you get awarded DLA, follow this process everytime you have renewal.

Look at the Decision Makers Guide. Try and understand the terms used, and apply them to yourself.
Here is the link
http://www.benefitsnow.co.uk/dmakers/default.asp

Here also is some information regarding the cooking test, which may affect you.
http://www.benefitsnow.co.uk/dlanotes/cookery.asp

I would not rush into a new application. Spend a little time getting referrals done, seeing your GP etc.
It shouldn't make a difference whether you have a diagnosis or not, but I think here to have some involvement from Social Services would help.

Regards
Munchie

lolababy

Hi first of all your not alone. I cannot find the case law in relation to the act of walking but if your in severe discomfort before, during, and after the act of walking you should get high rate mobility. Your argument would be that the walking test should never have been applied to your case due to the above.
A error in law has to be found in order for the commisioner to look at your case . Here is what you need to do;


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Hi I appealed against the tribunals decision and won on a point of law. Here is what to do
Appealing a tribunal decision.
A tribunal decision can only be appealed to the Administrative Chamber of the Upper Tribunal. In order to launch an appeal the appellant must have requested a written statement of the tribunal's reasons for its decision and applied to the tribunal chairman for permission to appeal.
For all disability benefits an appeal to the Comissioner can only proceed if the tribunal decision was wrong in law. The Upper Tribunal's web site gives the following as examples of where the tribunal may be wrong in law-

• The tribunal did not apply the correct law or wrongly interpreted the law.
• The tribunal made a procedural error.
• The tribunal had no evidence, or not enough evidence, to support its decision.
• The tribunal did not give adequate reasons for its decision in the written statement of its reasons.

Try to gather as much supporting evidence as you can. If the tribunal agree then your case can be looked at again. A new tribunal will take place and you can give as much supporting evidence as you like on the day. If possible try to get the evidence sent a few days before the tribunal otherwise it can delay the case while they read through.

jazabelle

munchings-n-crunchings wrote: »

Hi there,

For Welfare Rights, I'd try contacting the County Council.
How daft is it, to restrict the access to organisations, and not deal directly with those that need the help.
Welfare Rights will also support you all the way through to tribunal.

Thank you! Yeah it is. I can't find a number or email for Essex County Council. My mum actually works at the local council and she is sending an email to the welfare officer now, basically calling in a favour! Either could she help, or know anyone that could, so hopefully that will get me somewhere. It's ridiculous that one would have to know someone at the council to possibly get anywhere. Am I the only disabled person on this side of Essex or something?!

munchings-n-crunchings wrote: »

Do a 'self referral' to Social Services.
I know you say that you are in rented accommodation, but if you struggle and cope, then people will think you can obviously manage.
Once you have referred yourself, you should be given a timescale for the assessment.
The service in many area's is over subscribed, but keep chasing your appointment.

Thank you, I will do that and will see my doctor soon. I've seen both the pain management and Rheumatologists, but I think I need to keep annoying them until I get someone good!

Thanks for all the links, will look over those!

purplecatlover

i would really reccommend you join benefits and work if you can scrape the fee together, being a member gives you access to their forums and while the advisors wont give anything more than general advice they will point in the right direction and there are bound to be other members who can help too. also gives ou access tot heir guides, which are fabulous and explain how to fill in the forms question by question. seriously worth the money.

get another application going while your setting the ball rolling on trying to appeal the tribunal too (if you decide that it is possible in your case).

jazabelle

I had my OT assessment today over the phone. She'll now write a report and see if social services deem me eligible for assistance. Fingers crossed!

munchings-n-crunchings

An OT assessment over the phone??

What will they think of next?

It must be cost cutting / waiting list reducing exercise.

Regardless, I hope it achieves the desired outcome for you

Munchie