DLA suggestions needed

Muttleythefrog

Require some technical/tactical advice regarding my situation for DLA.

Background

Sought medical help for first time (although problems growing over last 20 years) for mental health problems (July 2009).
Dismissed from work on mental health grounds in Sept 2009.
(Made claim for ESA in Sept 2009 and was placed in Support Group following medical in June 2010)
Made new claim for DLA to get low rate mobility and middle/high rate care (Oct 2009)
DWP decision - no award (Nov 2009)
(GP report used for this decision was terrible – sections left blank, he failed to even identify basic diagnosis)
Requested reconsideration detailing my problems more fully and explaining shortcomings of GP report (Dec 2009)
DWP decision - no award following reconsideration (Jan 2010)
Sought advice from CAB and they appealed on my behalf. (Feb/Mar 2010)
(CAB solicitor was able to obtain (risk) assessment carried out by a CPN in Feb 2010 that seemed to support my case – the only documentary support I could get due to lack of medical services given to me)

Appeal tribunal with me present (Aug 2010). Presented diary and outlined my case in document form at the tribunal. Was repeatedly baited and ranted at by the GP in the most bizarre experience – he even shouted at me repeatedly “have you ever been sectioned?” to the silent surprise of judge and my repeated regular replies of “no”. GP drove all questioning and interrupted care representative lines of questioning. The tribunal seemed intrigued by my history and little about my present needs (the judge only asked one question – when you worked for the law firm what was your job!) It was basically a disaster but I presented a solid case for all rates of care and low rate mobility. Was shocked to be awarded, until 2013, low rate mobility (for obscure reason – because it would prevent me having to spend ridiculous amounts of time planning outings!) and no care.

CAB solicitor was surprised that even low rate care was denied since she had stated I could not make a main meal, there was evidence in my CPN report that I could not and I had repeatedly explained the details of why I could not in documentary form and in person at tribunal. She requested leave to appeal from tribunal judge on that incorrect fact obtained (Oct 2010).

Tribunal judge rejects leave to appeal so she applies to upper tier tribunal for same (Nov 2010).

Upper tier rejects leave to appeal on grounds we’re asking him to substitute interpretation of a fact with his own. (Jan 2011).

I request CAB solicitor help me decide what step next – supersession or cancel application and re-apply. She had led me to believe this help and support would be forthcoming (since she had used language like ‘before we think of that let’s see what the judge has to say first’) but I was met with brick wall – ‘get lost unless you want to make a fresh claim and then contact us again’. (The customer satisfaction survey was probably deliberately omitted!) (Jan 2011).

Present outlook

I’ve had to take a break from this but I need to fix it before it drives me insane and continues to paralyse my thinking and options. I clearly have classical care needs in line with the legal requirements for the benefit and am well versed in the qualifying criteria, the tricks, the traps, even the associated case law. My problem is proof. As I live alone and am isolated and avoid people my only avenue for evidence to support a claim is going to be from medical professionals. But medical professionals have proven thus far to be disturbingly inadequate in all respects of service. I have changed GP to a one who seems to be of this world rather than the hapless and hopeless one I mistakenly sought help from for the first time. I am currently in limbo waiting for diagnosis that seems to be lacking in formality or document format. I am not getting any treatment – drugs failed to work and I was regarded as unsuitable to join the over 12 months waiting list for CBT. I saw a psychiatrist in February (after I last saw my GP in October 2010 demanding diagnosis as necessary) who diagnosed 2 personality disorders amongst the usual suspects of OCD, depression etc but failed to communicate anything in writing as promised. He has referred me to another psychiatrist (after I enquired what was going on to his secretary) whom I saw also once on a previous occasion and he has in turn referred me on to goodness knows what imaginary ‘non psychotic’ mental health team who will soon be in contact (but for months obviously haven’t). So the bottom line is I haven’t a clue when, or if, I’ll ever be in a situation where I can ask a medical professional to support me in a factual way for a claim for DLA because I am not sure if I’ll ever see anyone other than my GP for more than one fact firing session that leads to nothing. Yesteryear I would have had regular access to a CPN who would understand my problems and my needs in relation to claiming benefits – but this opportunity no longer exists.

So my queries are:

If I request a supersession outlining my case again for care component (albeit trying to explain it in terms of the real worsening of my condition in relation to the qualifying criteria) will they take a fresh look at my whole case? Will they request a new GP report (that could go heavily in my favour or turn out to be the disaster as last time with her colleague) and will they request I fill in a new claim form?

Assuming the supersession decision awards no change (low rate mobility and no care), and assuming this decision is appealable, would a tribunal consider my claim for both components (i.e. mob and care needs), would they consider my entire claim (or just my supersession request) and would they consider evidence from prior to my claimed increase in care needs?

Would people here assess I might be better off in the long term making a fresh claim and cancelling current one and if so would I be able to do so without waiting a period of time? I feel in a sense that I have the baggage of this drawn out disastrous claim as an emotional barrier but would there actually be practical reasons to be weary of continuing this claim? If I make a fresh claim I could target my GP with information prior to her being requested to fill in the GP report form – but on the other hand I’ve battled to get mobility low rate and I’m not in a mentally good position to escalate my battlefront.

I’m also conscious in all these things that tribunals are subject to heavy delays now although I would definitely be hopeful of better luck in the panel selection should I have to face another. Which brings me to perhaps the last question – is it lucky dip as far as panel are concerned… is it possible I could meet the same clowns that I faced last time especially since it will be at same location?

Any advices would be appreciated. I can’t get any from the CAB at this juncture and they didn’t help me at all anyway suffice to get hold of a helpful CPN report I wasn’t aware existed (and proved invaluable in later getting ESA awarded). I find it difficult to ask for help but after months planning to do so I am here. If you’ve any questions feel free to ask.

Many thanks.

dmg24

You really need to summarise - few people are going to read all that.

Muttleythefrog

dmg24 wrote: »

You really need to summarise - few people are going to read all that.

That was my fear... but I'm not sure there is anything I can omit or abbreviate. I've tried only to include information that might influence the advice given.

If someone does take the time to read it and can advise on summarisation then I'd listen.

I suppose if people don't have time, the last section is the most important and some questions are not demanding of knowledge of the previous ones...lol

dmg24

I can't follow much of it as I'm not very with it today, but some points that may help:

* If you apply for a supercession they can look at the whole claim, so you could lose all of it.
* If you wish to make a new claim it would be worthwhile getting a private psychiatrists report. This could cost up to £300, but would be money well spent if it gets you an award, and a good report would also act as a treatment plan which could be followed in an NHS setting.
* The Tribunal members are 'lucky dip' - if you were to put in a complaint about their conduct it would be likely that you would not get them again, but not impossible, so such a plan of action could backfire.

If it was me I would request a supercession, and in the Mobility sections state 'No change'. I would be inclined to leave it another few months though, as at present it could look like you are using it as an alternative route of appeal. Be prepared to present some very strong evidence though, given the history of your claim I doubt they will make a further award without this.

Muttleythefrog

dmg24 wrote: »

I can't follow much of it as I'm not very with it today, but some points that may help:

* If you apply for a supercession they can look at the whole claim, so you could lose all of it.
* If you wish to make a new claim it would be worthwhile getting a private psychiatrists report. This could cost up to £300, but would be money well spent if it gets you an award, and a good report would also act as a treatment plan which could be followed in an NHS setting.
* The Tribunal members are 'lucky dip' - if you were to put in a complaint about their conduct it would be likely that you would not get them again, but not impossible, so such a plan of action could backfire.

If it was me I would request a supercession, and in the Mobility sections state 'No change'. I would be inclined to leave it another few months though, as at present it could look like you are using it as an alternative route of appeal. Be prepared to present some very strong evidence though, given the history of your claim I doubt they will make a further award without this.

Thanks dmg. I hadn't considered a private psychiatrist report. But this is now in my mind as an option regardless of how I go with this.

Obviously it is a fair time since the appeal now so hopefully they wouldn't view supersession as an alternative route of appeal... although of course in reality that is exactly what it is. I've no doubt they would at best deny any increase in award and without hard evidence you'll no doubt be right I will struggle. I suppose my hope through all this is that the evidence would be forthcoming... I stalled throughout hoping that what was being promised to me by the NHS would materialise and be useful to me at whatever stage I'd fallen into. I only requested a reconsideration because I wanted to buy time.. I was assured I'd get counselling from a CPN at my local surgery within weeks. When I finally did see a CPN she said not to worry about benefits, they could help. But I've never seen her again..lol.

In my mind right now is that key to deciding which route to go will depend on how likely the DWP is to request a GP report upon a request for supersession... if they do then that could be vital since it will 'force' a medical professional to put something on record. My concern is she has only seen me about 3 or 4 times and is highlighting the same thing I do... the medical pros are not sending letters out or doing what they're being asked to so her information is going to be limited.

For your amusement - (When I appealed the original decision my GP had assured me that he would properly fill in the GP report form as he knew more about me by then.. he insisted that he would be asked to fill in the form again despite me saying to him that all research I had done indicated that would not be true and he would need to write a letter if he wanted to help my claim - he said that wasn't surgery policy. Of course he wasn't asked to fill in another GP report form and eventually I had to change GP for a catalogue of lies/incompetence)

tempested

dmg24 wrote: »

You really need to summarise - few people are going to read all that.

I did, and I can see exactly where the poster had the problem!

Bottom line is that for one reason or another there is very little evidence available that would support the poster's claim.

Added to that it begs the question as to why or how was the poster allowed to get into this mental state? Maybe because that he/she did not seek medical intervention at an earlier stage!

Many that have a mental illness suffer in silence and never report it to their GP. This seems to be the way forward now. To get DLA you have to make a nuisance of yourself with the GP. The more that people compalin about how bad their life is are more likely to succeed. What then happens to those that are suffering in silence? No benefit entitlement?

As for GP's reports, these in general now are only suitable to back up the DWP's decision to refuse - lacking details and many 'don't knows'.

If I was the poster, I would wipe my lips put everything down to experience and start from scratch again.

Those days of the DWP awarding benefits on the say so of the claim form and a decent GP report are well and truly gone. Now you have to prove yourself all the way.
I know that from my own experiences of DLA in line with what I posted on my thread yesterday! It's completley unfair and is it any wonder why a lot of genuine cases never get the benefit that they are entitled to. They are made to feel that they are liars all the way through the system.

Hammyman

Muttleythefrog wrote: »

That was my fear... but I'm not sure there is anything I can omit or abbreviate. I've tried only to include information that might influence the advice given.

It won't. DLA basically boils down to this:

What care needs do you need over that of a normal person?
What additional help do you need with mobility?

Simply having a mental health problem or an illness or condition is not sufficient to qualify. You must have additional needs which can be partially or wholly met by additional funding through DLA.

Muttleythefrog

tempested wrote: »

I did, and I can see exactly where the poster had the problem!

Bottom line is that for one reason or another there is very little evidence available that would support the poster's claim.

Added to that it begs the question as to why or how was the poster allowed to get into this mental state? Maybe because that he/she did not seek medical intervention at an earlier stage!

Many that have a mental illness suffer in silence and never report it to their GP. This seems to be the way forward now. To get DLA you have to make a nuisance of yourself with the GP. The more that people compalin about how bad their life is are more likely to succeed. What then happens to those that are suffering in silence? No benefit entitlement?

As for GP's reports, these in general now are only suitable to back up the DWP's decision to refuse - lacking details and many 'don't knows'.

If I was the poster, I would wipe my lips put everything down to experience and start from scratch again.

Those days of the DWP awarding benefits on the say so of the claim form and a decent GP report are well and truly gone. Now you have to prove yourself all the way.
I know that from my own experiences of DLA in line with what I posted on my thread yesterday! It's completley unfair and is it any wonder why a lot of genuine cases never get the benefit that they are entitled to. They are made to feel that they are liars all the way through the system.

Yes. I wouldn't typically seek help for anything - I can barely focus on the screen at the moment because I have a lump on my eye that is causing my contact lens to sit out of position on my eye - but it is unlikely I'll seek help for that..lol. The psychiatrist I saw in February diagnosed Schizoid personality disorder and said that people like me rarely come to the attention of people like him... it took a couple of decades and given the experiences since I should have made it a couple more.

I think you might be right regarding starting from scratch... this DLA claim has taken over life so I might have to draw a line in the sand and try again... even if in the months to come I end up back in the same situation with a failed claim due to lacking evidence... at least then I will have weeks perhaps months of emotional freedom from it.

You're right about the liar bit too. I've spent my life in environments where my integrity was paramount... nothing had prepared me for that first rejection of DLA because it just effectively said everything you say is a lie.

I'm sorry to hear you've had a lot of problems with DLA too.. I'll look at your thread now.

tempested

Muttleythefrog wrote: »

For your amusement - (When I appealed the original decision my GP had assured me that he would properly fill in the GP report form as he knew more about me by then.. he insisted that he would be asked to fill in the form again despite me saying to him that all research I had done indicated that would not be true and he would need to write a letter if he wanted to help my claim - he said that wasn't surgery policy. Of course he wasn't asked to fill in another GP report form and eventually I had to change GP for a catalogue of lies/incompetence)

I was told once that each new claim is treated as a 'fresh' claim and no reference would be made to any earlier claims, refusals etc. As you have highlighted, I have found out that that information was wrong.
They do refer back to previous claims and decisions. They will use an old GP report from an old claim since closed to refuse a new claim.
Evidence, I applied under SAR to get all of my DLA files and computer print outs. The evidence is in that lot, ALL claims are linked - I have references in my file of such a situation. I made a claim in 1997, ceased claiming in 2002, new claim made 2010. All of them are held together in the same file.

tempested

Hammyman wrote: »

It won't. DLA basically boils down to this:

What care needs do you need over that of a normal person?
What additional help do you need with mobility?

Simply having a mental health problem or an illness or condition is not sufficient to qualify. You must have additional needs which can be partially or wholly met by additional funding through DLA.

I'm sorry but that is a very simplistic way of looking at the whole DLA benefit structure and set up.

Muttleythefrog

Hammyman wrote: »

It won't. DLA basically boils down to this:

What care needs do you need over that of a normal person?
What additional help do you need with mobility?

Simply having a mental health problem or an illness or condition is not sufficient to qualify. You must have additional needs which can be partially or wholly met by additional funding through DLA.

I don't want to go into my needs in relation to the benefit because it is really a spent issue - it's the one thing I deliberately have omitted because the question to me isn't do I qualify but how can I show that I clearly do in an evidential way in the processes available knowing that legally I am entitled.