Radio Five

Fran

rozzid wrote:

How do I get in touch with the Disability helpline Officer??

Perhaps she means the DWP helpline for disabled. From CAB - Adviceguide -

"You can contact the Benefits Enquiry Line on 0800 882200 (0800 220674 in Northern Ireland) or Minicom 0800 243355."

crumbs_2

For anyone who is a member of a trade union they will provide representation for appeals. However, you cannot expect to join a union and be represented straight away. That would be like taking out fire insurance after your house has burnt down and expecting them to pay out!

I have had rheumatoid arthritis since 1981 and after years of people telling me I should claim DLA I finally did it 2 years ago. I used the information on benefitsandwork.co.uk to make a successful claim and when I received the forms earlier this year to apply again I repeated what I had put on the original form and now have an indefinite claim. When I used benefitsandwork it was free access but I see they are charging £15 for personal membership now.

Its really important to keep copies of everything you send in and always give the worst case scenario especially for disabilities like rheumatoid arthritis where mobility etc can vary even according to the time of day.

Precious_Thing

For anyone interested, I had my tribunal yesterday and it was an awful experience. My DLA forms were filled in with the help of the Disability Benefits website. That site is excellent. I am well clued up on these matters and took this knowledge into the tribunal. It was clear from the start that they did not believe what I had written and what I was reiterating to them. I was very clear and assertive, but not aggressive. I did have a representative, but he said virtually nothing the whole 70 minutes as I had everything covered.

They were cold and obviously trying to trip me up. They would test out if what I had said on my original DLA form was what I was still saying now. They asked me something, and 20 minutes later, asked me the same thing again to see if I was being consistent. I cried most of the way through as it felt so threatening. Although they did ask if I wanted a break, they showed no concern for me whatsoever, even when they asked very personal questions about my experiences.

I have fibromyalgia and a long history of mental health issues, and I live with constant pain despite being on fentanyl (stronger that morphine). However, I have a very good job and am obviously articulate. I have not been able to do that job for 4 months, and am fighting to go back part time. My employers are trying to get rid of me.

To be treated like that at a tribunal when everything else is collapsing around me in my life, is such a kick in the guts. Moreover, how would some poor person who was not able to speak up for him/herself manage when faced with that?

It's disgraceful.

At the end of all of that, I was awarded low care (which I had anyway), and low mobility, but the award is just til April 2007. This means that in roughly six months time, I'll have to fill in the DLA forms all over again. No wonder so many people are not getting the benefits to which they should be entitled.

Precious Thing.

Fran

Precious_Thing wrote:

This means that in roughly six months time, I'll have to fill in the DLA forms all over again.

One thing about this though is that you already have the original forms to refer to, you have done the most difficult bit filling in the forms the first time.

northernlass_2

re: precious thing

They were cold and obviously trying to trip me up. They would test out if what I had said on my original DLA form was what I was still saying now. They asked me something, and 20 minutes later, asked me the same thing again to see if I was being consistent.

My husband had his tribunal in December 2005 and they did exactly the same to him so he replied with "you have already asked me that and im sure i saw you write down my answer" he said the looks on their faces was a picture, he was eventually awarded middle care and lower mobility until August 2006

northernlass_2

above post is quoted from "precious thing"

Poppycat

Well she got turned down for blue badge as well as DLA. Tbh I ain't got the energy to fight them. They haven't taken into account her poor balance particularly with the blue badge when they asked her to walk in an assessment. She often wobbles because of poor balance, the doctor who wrote in a letter that she has "cmt and a dislocated hip, both these conditions have a profound limitation on her mobility"

Almost two years ago we were on holiday, we had only been there 20 minutes before my daughter who fractured her arm on a childs playground, we didn't no then what we no now, but she has always been unbalanced but we only found out she had cmt 8 months ago as it is hard to diagnose.

Chrysalis

atos origin should not have contract renewal and instead it gone back in house.

a private company shouldnt be deciding well been of sick people because they will always have a profit agencda, read below.

they get bonuses for getting people of benefit and extra payment for fitting in more medicals per day, meaning short medicals and excessive rejections.

I noticed a worrying pattern that whenever a medical rules fit for work, you never ever get a satisfaction questionairre yet when ruled so rewarded benefit they send one out everytime.

The appeals arent perfect either that if you condition worsens between the medical which lost your benefit and the appeal that is not allowed to be taken into account which to me means two things.

First if it worsened and they decided the DWP were right but now you DO qualify they could backdate it only to the point it was worse enough and you get rewarded benefit. Obviously they cant do this so you would just be rejected benefit if they agreed with the DWP.

Second if it worsened as a result of their medical been wrong (stress related) really the DWP should be penalised and that would be an incentive to get it right first time.

If a patient has evidence from say themselves, GP, ex employer, and then a medical is done and so evidence from atos origin doctor is added, the decision maker will nearly always use only the atos origin evidence even if every other peice of evidence contradicts it. So their is clear problems with the system.

Chrysalis

my own problems were as follows.

awarded IB 2nd medical (1at rejected). As I had mobility problem I claimed DLA.

DLA doctor turned up at flat because I live on 2nd floor he used that basis alone to reject benefit, usual assumptions made.

He ignored that when I moved in I wasnt ill but since its incredibly hard to move when on benefits and almost impossible for childless people to get council properties my alternative was been homeless, so where I lived in reality shouldnt affect his decision.

I have now since moved for this reason tho and started a DLA appeal. A lot of supporting evidence was provided which the DWP did seem to follow up, but from what I can tell they only used their doctor report as a factor towards their decision.

My supporting medical from IB I have been trying to get a copy of the report for the last 6 months since its good evidence for future appeal sshould I need it, every occasion I get told its on the way but never ever arrives, tactics by the DWP.

Their is also cash incentives from the government to council's that if they get people of benefit they can keep the savings, also cash incentives to GP.

Bearing the above in mind do you really think that the government is commited to rectifying the problem highlighted on radio 5?

Also do you think the BBC will give prime time air time to this issue like they did for benefit cheats? who incidently are a much lower % then the people wrongly denied benefit.

Turning_into_scrooge

clumber wrote:

I am a social worker and would advise anyone not to complete the form by themselves.Go to your local D.A.B as they know the key words to insert in the forms.They look for key words and give points based on them.Ie supervision,monitoring,suicidal ideas etc.In suffolk we have a welfare rights team which do all appeals and therefore have more chance of success.

When i had my forms to fill in i contacted CAB by phone - their disabillity no - and left a message stating why i was phoning like they asked, i couldn't get down there as i could hardly walk at that point with 2 walking sticks. They nevr contacted me back so i phoned again and again in the end i gave up and filled the forms in myself which actually took me nearly 3 months to do. Luckily i got the DLA but no thanks to CAB.

What is DAB?