Uprating of DLA refused - tribunal?

kusadasi040667

moochie wrote: »

hi

as some of you may remember, in May i was dropped from HRC to MRC, and after getting the backing of my Psychiatrist and CPN, as well as taking advice from you guys on here, i applied for a reconsideration to reinstate my HRC.

Well, i got their decision yesterday and it has come back as decision unchanged, despite me describing in great detail my night time care needs, and having great supporting letters from my psychiatrist and cpn. Once again its come back saying i dont need caring for at frequent intervals during the night, which i do, or at least once for twenty minutes, which is again untrue.

I havent spoken to my CPN as yet (she doesnt work fridays) but i was hoping someone on here who had gone through the same experience would be able to offer any advice as to where to go from here. Do i just leave it and accept what they've said, despite it being untrue, or should i go to a proper tribunal? Could anyone who has been through a tribunal give me a brief overview of what happens? How stressful actually is it? I mean, they've refused me again with supporting letters backing up what ive said, what further evidence would i be able to take to a tribunal if this isn't enough?

Obviously i know people on here can't make a decision for me (i can't make decisions anyway so it'll be up to my partner and cpn), but any advice or experiences would be great.

thankyou very much for reading, and sorry for the long post!
Leanne

Hi Leanne try this group they are the experts at advice on these matters.They have a very high record at turning judgements around and even winning appeals (which is your next step if you decide to ) They also do the same for ESA or IB issues. They have two types of membership one is free and you get monthly emails about gov changes and secondly a yearly payment of £20 if you needed the help for appeals and obviously you wouldnt have to pay that each yr unless you wished to. They are not a scam I knew about them from working for DWP JCP and lots of customers I've spoken to praised them. However they are nothing to do with the DWP. If anything they are probably the proverbial thorn in the backside ! Hope this helps and good luck
<campaign@benefitsandwork.co.uk>

moochie

Hiya Sox

thanks very much for the virtual hug, i need it right now! Well, i saw my CPN yesterday, she said she'll ring DLA on Monday to make sure id get a second reconsideration as part of the appeals process, and shes also going to bring up the fact that they made a decision before the deadline they'd given me without all my supporting documents being present. She isn't prepared to let me go through a full on appeal as she feels im too ill - my 'case' was discussed at a complex case meeting last week, with independant psychiatrists, psychoanalysts and the sort on the board and apparantly my illnesses are 'very very complex', i do need 24 hour care (just going on my notes and my cpns input) but it would be like 'opening a pandoras box' :rotfl:so i guess my decisions made!

thanks once again for your advice and just for caring really, its great to know there is support out there from people like yourself

Leanne


Kusadasi040667, sorry, crossed posts there! Thanks very much for the advice, i have heard of them before and their reputation certainly is good, probably something to do with the fact they are DWP independant! As i say, im not 'allowed' to appeal, but ill still take a look as i think it would be useful for the future, plus my brother has just had a diagnosis of BPD as well, so will be going through the ESA process (hes had to leave his job as a MH support worker on sickness grounds), no doubt he will fail the medical and he'll need the help too!

thanks again, as i said to Sox, its great to know others are here for support and advice when its most needed

sox8369

You're welcome x

kusadasi040667

Leanne,
your welcome, its what its all about isn't it & not one person can remember or know everything so great we can all pick each others brains and be of support to each other we all have good & rubbish days dont we. Anyway the very best of luck hope all goes well 4 you. Take care K x