Is it worth even appealing? This is exhausting!

lepetit

Very very long story so will try and keep short.
Had an accident at work July 2009 which left me with a neck and back injury, had so much time off work in following year and was finally dismissed due to ill health in July this year.
Should have done it earlier I know but has been such an exhausting 18months with all this I didn't apply for industrial injury disablement benefit and disability living allowance until I was dismissed.
Even though I can hardly walk (can only walk with the help of crutch and a lot of painkillers on good days and only in home impossible to actually get out and about) I was immediately rejected for both benefits. I have appealed and still no acceptance and it is all so exhausting and with everything the news says that the spending cuts I'm just wondering if it's even worth carrying on this all this.
I'd have to travel for the appeal as well which is impossible.
Things have got worse rather than better as time has gone on.

Any help much appreciated

TOBRUK

Hi lepetit, I know how it feels when you feel that you just can't cope and don't feel you have the strength to go on and fight - you just feel you want it to stop and just hide away!

I was turned down the first time I applied for DLA and somehow I did go to tribunal and won. The same happened the second time but I won. If it is going to tribunal you really need to go, perhaps a member of your family or someone can take you - even though you may feel it is physically impossible.

When were you turned down for DLA? What date is on the award letter? Did you back up your claim with GP, consultants reports etc?

Whatever you do don't give up. Forget about what is in the news about all the changes that are on the way, you must just focus on you and your claim. You will read a lot of negative comments on this and other forums but remember, there are more people posting about being turned down than those who are successful.

hrafndot

I agree with Tobruk, however it is stressful and exhausting. You say there is no question of you appearing at tribunal, however I'd say it is nuch less stresssful than you'd expect.

If you can find it in yourself to get to the appeal it would be worth it. However a paper submission is acceptable though you are reducing your chances. What you would need is a legal submission putting forward the argument, and a community legal advisor could do this for you. There are other things that you can do, for instance putting together witness statements and documentation.

Personally I found the worrying about it for a year to be the most exhausting element. If I had my day in court again, I would just make sure I understood what was needed and cut out the constant worrying. If you have covered the legal points and give an account to the judge of how your illness affects you, that should be sufficient.

[Deleted User]

It is worth appealing, I had an ex who was scored as being fit to work when claiming Incapacity Benefit. When I obtained a report (u get this when u appeal) I found the report full of things we hadn't said, not including things my ex had said, and test results for tests the doctor hadn't made.

We appealed, went to a tribunal and were awarded Incapacity Benefit. Without this, we would have been in dire straits as there was just no way my ex could have made it to the Jobcentre to sign on every two weeks.

I haven't looked, but there must be support forums on the net for those with industrial injuries. Please try and contact them, and find somewhere local that will give u support. Also, much as I hate accidental injury claim companies, this must be a situation where something like that might be of help to get you some compensation for the injuries u have.

hrafndot

Some other thoughts: were you with a union when you were injured and then dismissed. Even if not, get advice from CAB about claiming against the company's 3rd party insurance. It could be that there was a good reason (from their point of view) for your dismissal. You will have to act quickly as unfair dismissal claims or industrial injury claims have a tendency to lapse and be "out of time", especially if they slow things up (which they will do if they think you are claiming).

If you contact the Disability Law Service, they are google-able, they seem very well organised.

It could be some time on the co-codamol or stronger for you, but making progress, even when you are challenged by illness, is rewarding. The ups and downs are more violent, but I have had to continuously say to myself over the past two/three years, "if it doesn't kill me, it makes me stronger!!". Good luck,

*Leonard Cheshire Disability and Scope are very helpful too.

Invalidation

I was refused every leg of the way. Refused for the basic DLA, I appealed and was put onto the lowest rate. Waited the normal period then applied to be uprated. Refused. I appealed and it went up, same again and again. I appealed it all the way and I am finaly on highest level care and mobility.
Like you my life has been hell, I rarely go out of the house, this last year I actually left the house 3 times. But after 19 years I'm learning to live with it.

Dont give up, appeal it all the way.