Lost my first tier tribunal for DLA Motability & Care

sunnyone

Breast_Cancer_Survivor wrote: »

I got my 2nd appeal based on the fact that they didn't offer me an oral hearing & despite me providing the name of my OT regarding my recently diagnosed asperger's they choose to use evidence from my Pyschiatrist that thought I had borderline personaility disorder instead.

Infact he wouldn't believe I had asperger's despite the fact i'd been diagnosed as he hadn't seen the report *rolls eyes*.

You had help with your you had help to do it didnt you vicki?

Once you get to this stage you really need someone who can understand the legalese of benefits to help you.

GlasweJen

Sorry I was replying to the person who said that he's surprised the OP got refused if he turned up on crutches with medical evidence. I was trying to say that all the medical evidence in the world means hee-haw if you can't relate it to care/mobility needs.

snookey

Hi my partner lost on his first tribunal but we found an error in law and won the next one. It means searching case law but cab could help with this.

[Deleted User]

would appear that the only real alternative is to re-apply,a different DM might make a different decision(seen this happen a few times) BUT get help with the application(CAB welfare rights or DIAL)

Breast_Cancer_Survivor

sunnyone wrote: »

You had help with your you had help to do it didnt you vicki?

Once you get to this stage you really need someone who can understand the legalese of benefits to help you.

I actually filled all the forms out, wrote all the reconsideration/appeal letters myself as the statement of reasons they wrote was basically calling me a liar & i'm too stubborn to let that go.

However my last appeal was an oral one which I couldn't/wouldn't attend by myself so my OT & a lady from the NAS came with me for support.

clifford149

Shinook wrote: »

I'm not too sure what to do next after losing my tribunal. I'm having my motability car taken off me which will leave me house bound 24/7. I've also had my care component taken from me. Does anyone have any advice as to what to do next? I don't have anyone to represent me and don't really want to go through it all again but without my car I'm not going to be able to go anywhere as I'm on crutches with a degenerative spinal condition and prolapsed discs. Obviously if I don't appeal again they will think that I'm not that bad but it's just so stressful to go through. Is it also correct that if you only get Incapacity benefit you aren't entitled to Income support even though I was getting it 4 years previously? I'm, so confused and can't get into the CAB!

Hi

sorry to hear your news.....can you clarify what is going to happen to your car:
1. at what point do you have to return the car
2. will you get any of your advance payment back...assuming you made such a payment.

best wishes

clifford

Brassedoff

kurgon wrote: »

H - as stated above there is limited information. I would have expected that with prolapsed discs you would be using a wheelchair. Do you use the crutches more for confidence or are the a necessity? Also, do you have any specialists involved?

I agree there's limited information, but a prolapsed disc seldom results in having to use a wheelchair. Sciatic pain might make walking aids a necessity, but as others have pointed out the overwhelming majority can walk OK. I use crutches and now a wheelchair, but that's after several ops on 7 (now diagnosed another two making it nine) discs.

Question to the OP did you get regular treatment, or were you just seeing your GP and getting pain relief? Was this a factor in how they made up their minds? Or are you in hospital every week? I ask as I am trying to see where they have changed their decision making process or criteria.

Shinook

I thank everyone for their replies whether I agree with them or not! The reason I use crutches is because the hospital didn't believe me for 15 months that there was a problem even though I visited A&E probably 5 times a month on my hands and knees. After 15 months and 2 MRI's they finally said there was a problem but sadly it's gone too far to recover fully from. I've been passed from pillar to post at the first hospital, had operation,physio, pain management and I'm now awaiting an appointment with a spinal surgeon at another hospital as they said the pain management clinic wouldn't be suitable for me. I've lost 3 inches from my height and no one but ME knows the 24 hour pain. If I could truly walk without crutches I wouldn't be putting myself in this God awful predicament! I'm only 39 and don't relish being stuck in my bungalow (yes,the council moved me there for medical reasons!) for 24 hours a day. I had my medical reports,wheelchair logs, early motability car order(changed 8 months early) due to the previous car being too low to get into and out of, doctors reports, counselling letters,etc...etc.etc..Just because other people don't need to use wheelchairs and crutches doesn't mean to say I don't need them. To be honest, I knew as soon as I went into the room that I'd lost. I'm not about to give up,that just means that I don't need my car if I do. Sadly it is due to go back on May 11th and I probably won't get any of my £800 advanced payment back. I just hope that I don't end up back in hospital again after taking another overdose. I'm not embarrassed to admit this, people are human beings and unfortunately they are not being treated as such. When you are wrongly stated as saying you have a "stable mood" by the "doctor" who saw you for 30 minutes they just don't know what harm they do to people

sardine

Shinook wrote: »

I thank everyone for their replies whether I agree with them or not! The reason I use crutches is because the hospital didn't believe me for 15 months that there was a problem even though I visited A&E probably 5 times a month on my hands and knees. After 15 months and 2 MRI's they finally said there was a problem but sadly it's gone too far to recover fully from. I've been passed from pillar to post at the first hospital, had operation,physio, pain management and I'm now awaiting an appointment with a spinal surgeon at another hospital as they said the pain management clinic wouldn't be suitable for me. I've lost 3 inches from my height and no one but ME knows the 24 hour pain. If I could truly walk without crutches I wouldn't be putting myself in this God awful predicament! I'm only 39 and don't relish being stuck in my bungalow (yes,the council moved me there for medical reasons!) for 24 hours a day. I had my medical reports,wheelchair logs, early motability car order(changed 8 months early) due to the previous car being too low to get into and out of, doctors reports, counselling letters,etc...etc.etc..Just because other people don't need to use wheelchairs and crutches doesn't mean to say I don't need them. To be honest, I knew as soon as I went into the room that I'd lost. I'm not about to give up,that just means that I don't need my car if I do. Sadly it is due to go back on May 11th and I probably won't get any of my £800 advanced payment back. I just hope that I don't end up back in hospital again after taking another overdose. I'm not embarrassed to admit this, people are human beings and unfortunately they are not being treated as such. When you are wrongly stated as saying you have a "stable mood" by the "doctor" who saw you for 30 minutes they just don't know what harm they do to people

I'm sorry to hear that you have lost all of your DLA. Nothing surprises me anymore after what I have been told on this site.
If you had substantial evidence of your needs, both care and mobility, then heaven help those that don't have any backing from the medical profession yet do genuinely need help for care and mobility!

Still the car has to go back - it is a shame as you do seem to need it to get about.
I have mobility problems as well as care needs, but decided a while a ago that I wasn't going to be party to this sort of fiasco, now you have it, now you don't, now you can have it again!

I went out and bought my own vehicle that suited my needs which is a godsend. Is there no way that you can do the same? And do away with this merry go round of benefits?

I still can't get my head round the fact that they have made it more difficult to get this benefit, not by changing any of the rules, but by using the rules and applying them more rigidly. We are talking about the disabled here, not the work shy - that I can understand!

From what I have read, you have to wait 6 months before you can put in another claim which will be based on the same evidence that this last one failed on.

sardine

skcollobcat10 wrote: »

And the next sentence after that just sounds as though you want to manipulate the system because you cannot get your own way.

My personal opinion for what it is worth is to just go through the procedure and appeal.

Yes it does sound a little like a foot stomping moment! However the poster is obviously distressed and a little consideration for that would not go amiss.

I think that if you were to re-read the original post, you will find that the poster has in fact lost the appeal at the Tribunal!
Obviously an appeal to the higher level could be made, but it is not for the ordinary man in the street to undertake lightly!