Dla appeal turned down

Number1

My husband suffers from chronic arthritis in his hip which makes any form of walking extremely painful He stated in his dla forms that he could not walk any distance at all without extreme pain,He has been awarded high rate mobility and high rate care for the past 12 years, however in sept 2010 his was refused any rate of dla at all!.

They said he could walk over 100 meters and based this on the atos health care professional who examined him 13 months before he submitted this dla renewal claim!.

I initially asked for a reconsideration and i wrote a letter stating that a 13month old medical report could not possibly give an accurate account of his condition at the time of the claim and that i we strongly disagreed with the report its self anyway!. i also submitted letters from his GP and his consultant who both wrote letters stating he was in constant pain at all times when walking.

They reconsidered the claim and came to the same conclusion as before so we then filed for a paper appeal, where i again wrote a letter stating he was in constant pain when walking any distance, submited both reports from his gp and consultant who both clearly state his is in constant pain when walking, and also once again noted that a 13 month old report could not possibly give an accurate description of his condition at the time of the claim.

They claim that as he stated in his form his problems started in 1994 the 13month esa medical report was therefore valid.

We have just revived the result from the tribunal who have also not awarded him any rate again.

How can this be happening? he IS in constant pain when walking any distance he has chronic pain in his hips, he has a gp report stating exactly this and also another orthopedic consultant report stating the same thing, how on earth can they refuse him high rate mobility based on this? He could not possibly have any more concrete evidence that he submitted?

i am in total shock this is a total injustice i don't know what to do.

dmg24

I can see both sides of this - if his condition is long standing, the previous report would be valid. However, that would contradict the fact that he has previously been awarded DLA.

As you wish to appeal against the tribunal decision, your reasons need to be based on a point of law. I think that you have a pretty strong case based on the above reasoning, but due to the level of the appeal you really need to take specialist advice.

One point to note for the future - always ask for an oral hearing. The success rate of written hearings is low because there is no opportunity for a two way exchange.

jetta_wales

Number1 wrote: »

My husband suffers from chronic arthritis in his hip which makes any form of walking extremely painful He stated in his dla forms that he could not walk any distance at all without extreme pain,He has been awarded high rate mobility and high rate care for the past 12 years, however in sept 2010 his was refused any rate of dla at all!.

They said he could walk over 100 meters and based this on the atos health care professional who examined him 13 months before he submitted this dla renewal claim!.

I initially asked for a reconsideration and i wrote a letter stating that a 13month old medical report could not possibly give an accurate account of his condition at the time of the claim and that i we strongly disagreed with the report its self anyway!. i also submitted letters from his GP and his consultant who both wrote letters stating he was in constant pain at all times when walking.

They reconsidered the claim and came to the same conclusion as before so we then filed for a paper appeal, where i again wrote a letter stating he was in constant pain when walking any distance, submited both reports from his gp and consultant who both clearly state his is in constant pain when walking, and also once again noted that a 13 month old report could not possibly give an accurate description of his condition at the time of the claim.

They claim that as he stated in his form his problems started in 1994 the 13month esa medical report was therefore valid.

We have just revived the result from the tribunal who have also not awarded him any rate again.

How can this be happening? he IS in constant pain when walking any distance he has chronic pain in his hips, he has a gp report stating exactly this and also another orthopedic consultant report stating the same thing, how on earth can they refuse him high rate mobility based on this? He could not possibly have any more concrete evidence that he submitted?

i am in total shock this is a total injustice i don't know what to do.

For future reference always attend tribunals in person. As for now I think you need to make an appointment to see your local MP.

dmg24

jetta_wales wrote: »

For future reference always attend tribunals in person. As for now I think you need to make an appointment to see your local MP.

I don't think seeing the MP will do any good - they will not/ cannot interfere with decisions of the judiciary.

jetta_wales

They can speed things up though when the system has failed you.

dmg24

jetta_wales wrote: »

They can speed things up though when the system has failed you.

At this stage they cannot - they cannot ask for a higher appeal to be heard more quickly, it is entirely out of their remit. It is the equivalent of them asking for a criminal appeal to be rushed through the system, they are not allowed.

Number1

dmg24 wrote: »

As you wish to appeal against the tribunal decision, your reasons need to be based on a point of law. I think that you have a pretty strong case based on the above reasoning, but due to the level of the appeal you really need to take specialist advice.

.

Thanks for the replies,When you say it needs to be based on a point of law what do you mean by this?

When it went for reconsideration i wrote a letter stating that his condition had got worse over the last 12 months IE after the Atos medical report was conducted, also his consultants report stated the pain had increased over the last 12 months.

Im just so shocked that they have not awarded high rate mobility at least based on the evidence we have submitted.Even if the atos report was a recent one i think for them to choose a report conducted in 10 minuets over evidence not only from my husbands claim form but evidence from his GP and also a specialist orthopedic consultant who have both know and seen him regualry for nearly 20 years is totally unfair, Thats 3 vs 1 i am in total shock that a 12 month old report has been favored. It feels like been framed for a crime you did not commit and no matter what you do you can not win.

There is not a shadow of a doubt my husband is in extreme pain at all times when attempting to walk,He has explained this to his gp and doctor who both wrote letters that clearly explain this to the dwp/tribunal yet he is still was still not awarded.

We have waited nearly 12 months for this, We have been very great full for the money over the years it has helped my husband tremendously, the loss of his money has had a dramatic effect on his life, he has lost his mobility car,he can no longer afford hydrotherapy sessions its caused so much unneeded mental stress he is now severly depressed as i am my self.

I was diagnosed with cancer in 2009, i recovered but it has now come back i was given 4-6 months to live 8 months ago i am still here but i want to get my what my husband is entitled to before i have to go!

sueturnersmith

Hi Number 1,

If you are terminally ill, and have been given less than 6 months to live, you should be able to claim DLA for yourself under 'special rules' which would mean it would be granted very quickly. That is, providing you are under 65 years old.

Good luck with your husband's appeal - I would get some advice from the CAB or Welfare Rights.

Richie-from-the-Boro

Special Rules :

Ring and ask your GP's receptionist for a DS1500.

You don't even need to see your GP yourself.

Here is a DM's guide.

rogerblack

sueturnersmith wrote: »

Hi Number 1,

If you are terminally ill, and have been given less than 6 months to live, you should be able to claim DLA for yourself under 'special rules' which would mean it would be granted very quickly. That is, providing you are under 65 years old.

Good luck with your husband's appeal - I would get some advice from the CAB or Welfare Rights.

You may also be able to claim attendance allowance - with your husband able to claim carers allowance. (caring does not have to be only physical)

I'd agree with CAB as a recommendation.

To answer a question a couple of posts up the thread - the lower tribunals decision is binding, even though it is a paper tribunal.

The only cases in which its ruling can be reviewed is where the tribunal made an error in law.

Errors in law are if the tribunal has made an error applying the law, or not properly considered all aspects of the case you raised.

It does _NOT_ cover areas where the tribunal has made a decision that you believe to be wrong if they have considered all of the evidence submitted in a proper manner.

But for example - if your submission says 'my husband can walk only with extreme pain or discomfort' - and the statement of reasons does not list why they discounted this evidence, then there may be an error in law, as they have not properly applied the legal tests.

This would allow you to appeal to the upper tribunal.

As others have said - appeals in person have a _much_ better success rate than paper appeals - they can question the person, and see what they are like.

Getting to appeals is sometimes difficult - but it's vital, if you can possibly manage it.


In some parts of the country, representation at appeals is more available than others. Especially with the squeeze on various welfare organisations in the budget.

DeadWeightUk

Number1 wrote: »

There is not a shadow of a doubt my husband is in extreme pain at all times when attempting to walk,He has explained this to his gp and doctor who both wrote letters that clearly explain this to the dwp/tribunal yet he is still was still not awarded.

We have waited nearly 12 months for this, We have been very great full for the money over the years it has helped my husband tremendously, the loss of his money has had a dramatic effect on his life, he has lost his mobility car,he can no longer afford hydrotherapy sessions its caused so much unneeded mental stress he is now severly depressed as i am my self.

Sorry to hear of your and your husband's problems. Can symathise with you as am in similar position to your husband having qualified for Higher Rate Mobility and Middle Rate Care and a "Life" award some 20yrs ago, only to have it taken away completely 3yrs ago!

I too had enjoyed the fruits of the DLA benefits: car and extra help at home etc - all now sorely missed.

I suffer severe OA to all joints especially knees, also suffered fractured spine in two places - all due work related accident. Since have had multiple DVT's and now Post DVT syndrome, repeated cellulites to both legs and plantar fasciitis to both feet.

Am still applying but despite medical evidence etc am still being declined but I won't just let it go...must be the Bulldog spirit lol

So keep trying and we'll wear the b*ggers down. The other post about yourself is correct but award only be for you as applicant and not a joint one so if condition went into remission etc might lose it again...cr*p isn't it!?!

Good luck to you both!