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Advised to withdraw my appeal at hearing?

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  • saving_pennies
    saving_pennies Posts: 491 Forumite
    Part of the Furniture
    edited 31 May 2011 at 5:25PM
    charmaine wrote: »
    This was because my medical notes stated that I experienced great difficulty in getting in and out of the car and I was very uncomfortable and had great pain in my back while driving.....they said they would challege why someone with mental health problems and mobility needs could still drive...and had a car??

    I know several people with mental health problems and mobility problems who can drive and do own a car. I know certain medical conditions mean that someone isn't fit to drive but unless you have one of those then there challenge/arguement isn't very strong (esp as they give option of a car for people on high rate mobility). Although I had just seen that another person said they advise against driving on bi-polar medication - I can't really comment on that but I woud advise that if the DVLA is not aware of your conditions then you need to inform them. They will write to your doctor and ask about your condition and medication etc and then decide if it is ok for you to drive.

    As for looking after children - again not a strong argument. Do they know your living circumstances? It may be you have friends of family that help out, or your children are of an age when they can do some things for themselves, or even be a carer to you.

    It seems you have waited a long long time for this appeal meeting and now the advice worker is saying contact him in 6 months time - so you have to wait again. Surely this is not right.

    As for parts of your health issues that you feel degraded to tell anyone - I can relate. Several years ago I got my renewal and they decreased my care needs to middle rate. I asked for a reconsideration and explained verbally to the lady at DLA some things I hadn't put on the form. She understood I was embarrassed, ashamed and really didn't want people to know but she said it was important I submitted them as it was clear I meet criteria for high rate care. I explained how long I had them and that I hadn't mentioned them before as I was so embarrassed and was already getting high rate care so telling them would not increase that. With them taken into consideration my award was increased. I guess it is up to you to consider if it is worth telling them or worth not telling them and having a lower award that you might otherwise be entitled too. (I hope this is making sense!)

    If in the future they want to speak to the advice worker and not you, I would insist on being present.
  • charmaine
    charmaine Posts: 70 Forumite
    What are they talking about!! I know several people with mental health problems and mobility problems who can drive and do own a car. I know certain medical conditions mean that someone isn't fit to drive but unless you have one of those then there challenge/arguement isn't very strong. Especially as people with disablity needs meaning they get high rate mobility have the option to have a car on the mobility scheme.

    Yes I cannot understand it either. I have never been advised, either from my GP, Pyschiatrist, CPN, Pyshio to stop driving. I would not drive if I was in anyway if I thought I shouldn't or couldn't.


    As for looking after children - again not a strong argument. Do they know your living circumstances? It may be you have friends of family that help out, or your children are of an age when they can do some things for themselves, or even be a carer to you.

    My husband could no longer cope with my condition so we seperated 2 years ago. Since January my aunt has moved into my home to help ease the pressure on my 15 year old daughter who was my sole care since her dad left. In between, my mum and dad take turns aswell as friends. My other 2 children are 12 & 6 so not really babies.

    It seems you have waited a long long time for this appeal meeting and now the advice worker is saying contact him in 6 months time - so you have to wait again. Surely this is not right.

    This is the bit thats annoying me. I genuinely feel I am entitled to it and it would make a great difference to me.

    As for parts of your health issues that you feel degraded to tell anyone - I can relate. Several years ago I got my renewal and they decreased my care needs to middle rate. I asked for a reconsideration and explained verbally to the lady at DLA some things I hadn't put on the form. She understood I was embarrassed, ashamed and really didn't want people to know but she said it was important I submitted them as it was clear I meet criteria for high rate care. I explained how long I had them and that I hadn't mentioned them before as I was so embarrassed and was already getting high rate care so telling them would not increase that. With them taken into consideration my award was increased. I guess it is up to you to consider if it is worth telling them or worth not telling them and having a lower award that you might otherwise be entitled too. (I hope this is making sense!)

    Its great to hear from someone who is similar. I am only 32 and get so embarrassed when I go out as I people are staring and stuff. I think the reason I wasnt awarded night time care is because I was so ashamed to put on the form what things my daughter has to do for me etc

    If in the future they want to speak to the advice worker and not you, I would insist on being present.

    Thanks for your help! x
  • saving_pennies
    saving_pennies Posts: 491 Forumite
    Part of the Furniture
    edited 31 May 2011 at 5:39PM
    You are welcome. I had edited my post and we seem to have crossed-over. Only difference was I was commenting on what others said re: driving. It is important to tell DVLA - doesn't mean you will have to surrender your license but they do need to know and they will assess whether they think it is ok for you to drive. I had a quick google and found these websites:
    http://www.mdf.org.uk/?o=56932
    http://www.nhs.uk/Conditions/Bipolar-disorder/Pages/Introduction.aspx
    http://www.rethink.org/living_with_mental_illness/everyday_living/driving/

    Best wishes,

    P.S. I'm only 32 as well. Wish I could say don't be ashamed and then you feel better, but it's not that easy is it.
  • MyRubyRed
    MyRubyRed Posts: 941 Forumite
    charmaine wrote: »
    @sunnyone...i am sorry about your situation but I have never been advised to surrender my licence or I would have.. In the 15 years ive had a licence I have never been involved in any bother.

    Charmaine, did your rep come back from the discussion and give you an option to proceed or not
  • charmaine
    charmaine Posts: 70 Forumite
    yeh he did but he said based on his experience he would advise me to withdraw. i just panicked but now i wonder if i should have went ahead?
  • sunnyone
    sunnyone Posts: 4,716 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    charmaine wrote: »
    @sunnyone...i am sorry about your situation but I have never been advised to surrender my licence or I would have.. In the 15 years ive had a licence I have never been involved in any bother.

    The onus is on YOU to be fit enough to drive, its no one else's job to inform Swansea of your ill health and you havn't done so (or you would have mentioned it in this thread) and thats wrong, it tells you on every document they ever send you and its on your insurance documents and its readily available on the web too.
  • jetta_wales
    jetta_wales Posts: 2,168 Forumite
    sunnyone wrote: »
    The onus is on YOU to be fit enough to drive, its no one else's job to inform Swansea of your ill health and you havn't done so (or you would have mentioned it in this thread) and thats wrong, it tells you on every document they ever send you and its on your insurance documents and its readily available on the web too.

    And how is she to know if she has been given a medication that would impede her ability to drive? The onus is on the medical proessionls she is under to inform her of such things just as you're told by the pharmacist not to oporate heavy machinery when being dispensed strong pain killers. Even when buying sun glasses darker than CAT 3 the vendor has to inform you they are illegal to drive you.

    The line between fit to drive and not is not a black and white one and it is for medical professionals to inform you if they think you might be less able than you are aware of.
    "Life is what you make of it, whoever got anywhere without some passion and ambition?
  • spherelance
    spherelance Posts: 84 Forumite
    sunnyone wrote: »
    The onus is on YOU to be fit enough to drive, its no one else's job to inform Swansea of your ill health and you havn't done so (or you would have mentioned it in this thread) and thats wrong, it tells you on every document they ever send you and its on your insurance documents and its readily available on the web too.

    I gather you have never made a mistake or error of judgement in your life? I guess you are so squeeky clean and law abiding that sainthood is guaranteed when you die?
  • sunnyone
    sunnyone Posts: 4,716 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    And how is she to know if she has been given a medication that would impede her ability to drive? The onus is on the medical proessionls she is under to inform her of such things just as you're told by the pharmacist not to oporate heavy machinery when being dispensed strong pain killers. Even when buying sun glasses darker than CAT 3 the vendor has to inform you they are illegal to drive you.

    The line between fit to drive and not is not a black and white one and it is for medical professionals to inform you if they think you might be less able than you are aware of.

    Your wrong, thats not the way it works, its the drivers responsibility to inform the DVLA of ANY medcial condition/meds at the very least and nearly all meds say dont drive as the Op has admitted to knowing and she didnt even ask anyone if she could drive and take those meds, its a big cope out to blame everyone else and since you have never applied for a driving licence you havnt read all the litrature that comes with one, I have a it mentions both medicines and medical conditions and tells the driver it their responsibility to inform them and to inform them if your not sure.
  • sunnyone
    sunnyone Posts: 4,716 Forumite
    Tenth Anniversary 1,000 Posts Combo Breaker
    I gather you have never made a mistake or error of judgement in your life? I guess you are so squeeky clean and law abiding that sainthood is guaranteed when you die?

    Every driver knows that they must inform the DVLA of any medical condition and/or any meds they take which would affect their ability to drive, I have always informed them of everything and they get a bit sick of me ringing just whenever my scripts change but its better to be safe than sorry because cars are lethal weapons that not only kill but can leave people with smashed/crushed spines/pelvis like mine done by drivers who drive while unfit like the Op.
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