DLA suggestions needed

SuziQ

If it was me or my child, I would at this point be putting my energies into getting the treatment/counselling/support I or my child needed rather than DLA. Starting with chasing up why you never heard from the CPN again. Getting a proper psychiatric report (whether private or NHS ) and therefore finding out what could actually benefit you medically is surely the most important thing for you? I realise you feel you are entitled to this money, but it won't make your life easier from a mental health point of view-whereas medical treatment or therapy? counselling may. I pursued my son's DLA as it helps me to get him therapy that he can't get from our local authority-as they have literally no-one in post at the moment, so I take him to a private therapist, so I do realise the value of getting the benefit.I wish you better luck with all of this however you proceed.

Muttleythefrog

when_will_it_end wrote: »

wow muttley i do not really have anything to add that has not already been said
all this can not be helping you at the minute

good luck which ever way you go

Strange as it sounds the comments have all helped. I don't have contact with humanity really except now via this website and facebook... I question often if I'm speaking in the same reality as others... that maybe they're just conspiring computers..lol... so coherent varied responses are reassuring..lol.

What I can say... and I said it the day I lost my tribunal (technically I won regarding mobility).. is that I would eventually overturn the injustice.. even if it literally was the last thing I do. Justice comes in many forms...lol.

SuziQ

is that I would eventually overturn the injustice.. even if it literally was the last thing I do.

It's all very well being a 'right fighter' Muttley, however sometimes you have to ask if this is the best use of your energies. This can't be helping your state of mind, which may on the other hand be helped by some therapy or other. I know with my son, I would much rather he be without his problems than have his DLA.

Muttleythefrog

SuziQ wrote: »

If it was me or my child, I would at this point be putting my energies into getting the treatment/counselling/support I or my child needed rather than DLA. Starting with chasing up why you never heard from the CPN again. Getting a proper psychiatric report (whether private or NHS ) and therefore finding out what could actually benefit you medically is surely the most important thing for you? I realise you feel you are entitled to this money, but it won't make your life easier from a mental health point of view-whereas medical treatment or therapy? counselling may. I pursued my son's DLA as it helps me to get him therapy that he can't get from our local authority-as they have literally no-one in post at the moment, so I take him to a private therapist, so I do realise the value of getting the benefit.I wish you better luck with all of this however you proceed.

Thanks Suzi. Problem is psychological - there can be no tackling of my problems without this injustice overcome. I've lived my life tackling injustice and trying to cool disorder around me. My perceived disorder is caused almost exclusively by the DLA issue and I can't see that changing. But I'm also aware there is almost certainly never going to be successful treatment of me - some of my problems in theory could be challenged with standard treatments but that so far has proven no go. It's also worth pointing out the DLA is the only obvious way I can get in a position to change my circumstances.. i.e. deal with the very issues the benefit is for. And there is also the problem I face in that I'm not entirely sure I want to get better..lol... when I'm asked what I want to happen.. how I want to change... I don't have the answers. It's the only question I've been unable to answer for these people. 'Can't see wood for trees'. There is even a good case to be made that this DLA situation is the major factor in preventing me committing suicide... bizarre though that sounds... and that I may not even want to get better... I certainly can't explain why I would want to..lol. So circumstances aren't straightforward... nothing ever has been in this life..lol.

The CPN I first saw referred me on to a crisis team CPN who referred me on. My history is that GP referred me to supported self help who declared me beyond the scope of the scheme, GP referred me to CPN (eventually) for assessment, CPN referred me to crisis team CPN for assessment (was risk assessed), CPN referred me to psychiatrist for evaluation and full risk assessment, psychiatrist failed to do risk assessment and referred me to counselling psychologist for assessment in relation to getting on psychological therapy waiting list of 12 months plus, psychologist assessed me unsuitable for the service as couldn't identify goals beyond suicide and would struggle to work with therapist, she referred me back to psychiatrist who did nothing. Got GP to chase up this and his risk assessment - never got any information about the response if any. Demanded proper diagnosis as basis for any further idea on treatment from GP, she wrote to that psychiatrist who referred the request to another psychiatrist who entually I saw and was diagnosed in haphazard but satisfactory fashion... I was getting new diagnoses as I was leaving the room and adding information..lol. Said he'd be in touch after consultation with his team indicating alternative drug type treatment as real possibility. Waited many weeks no letter... enquired as to what is happening, secretary informs me he referred me on to original psychiatrist I saw who has referred me on to a non psychotic psychiatric team and to expect appointment shortly. There is a slim chance they'll be in touch by the time the sun turns into a red giant..lol. Heard nothing at all.

Your last sentence highlights a truth. I have genuinely had a real set of bad luck in the claim... as compared to say my claim for ESA. I think to change my luck I may well have to do as you suggest... get a private psychiatric report.

Anyway I'm pleased you have gotten support for your son.. keep it up.

Muttleythefrog

SuziQ wrote: »

It's all very well being a 'right fighter' Muttley, however sometimes you have to ask if this is the best use of your energies. This can't be helping your state of mind, which may on the other hand be helped by some therapy or other. I know with my son, I would much rather he be without his problems than have his DLA.

Oh it's the worst possible use of my energies (in a rational view)..lol.. but it is all I know... I'm geared up to manage anxiety... so all my behaviour is tied to plotting and planning the management of it. Most is very 'of the minute' short term management.. like re-checking the freezer door... but the literal list of long term stuff has had this issue at the top for over a year. Without question my claim for DLA has severely enhanced my need for the benefit..lol... worsened my health... made getting up, getting washed, getting dressed, going out... all this type of thing even more syrup laced. Most damaging perhaps of all is very real people have interfered negatively in this process and so they too complicate what justice will psychologically mean. I have never experienced a human psychological defeat and I can't imagine that will be tolerated by 'him upstairs'.

But you have to remember... you no doubt love your son and want the best in life for him... his future is best determined by him being well and able to function successfully in society. So you've pursued a sensible route to looking out for those interests. I've already lived my life in society... my future doesn't exist as a thought in my mind suffice to say it holds skeleton plans of events like regarding DLA claim. Almost all of those plans will never be initiated. Even without mental illness my outlook would be sacrificial in any case due to my background... many whom have played key psychological roles in my life have been devoted to cause at any cost mentality. I don't fear my demise or my death... I fear failure to reorder reality before that happens...lol. Unfortunately a 1 hour session (cut short because of time overruns from previous patient) with a medical pro is unlikely to reach this kind of insight...lol. It's important also to know that self directed issues are extremely unusual and disturbing for me... lead to raging thoughts of guilt and self deception... it's not just the fact the DLA issue exists as an issue but that I am constantly self criticising for focussing on the self rather than real events (that I'm not a perceived part of). When I was asked if I considered myself disabled for the first time... I replied... "I haven't considered I was even human... I have never thought about that". It's like there's a devastating anxiety management machine running the show and perpetuating mental illnesses.. it always seems to already know what needs to be done... what events will play out... and it is only in very recent times there's ever been a challenge to it from within... human insists on leaving the game... machine says no... actions must commence or you will be punished. Quite a long way from the cool rational difficult but devoted person people describe me as.

Morglin

Muttleythefrog wrote: »

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.

I can make a few suggestions:

1) Try Googling "welfare rights (your area)", as councils/charities run many that can be very effective, and they often have a lesser workload, although with all the cuts, many of them are shutting down.

2) Look at net sites about DLA

This site gives more info on criteria and has a good reputation:

http://www.benefitsandwork.co.uk/forum?func=latest
(Some bits are free, some are chargeable - about £20 per year).


This site is free:
http://www.benefitsnow.co.uk/

3) Make sure you have the full support of any GP and/or consultants you see, and that they will supply full reports. DLA is difficult to get without this.

And, yes, make a fresh claim. Make sure that you give plenty of information and supply plenty of medical backup.

Lin

carolannie

dmg24 wrote: »

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

I read through it!

I can't offer any help, but I agree with you, there isn't much help out there for mental health. You have to fight for it and when you are so very ill, you can't do it.

There must be many people out there who give up and suffer in silence

Or end up costing the health service more, through self harm, drink/drug abuse etc!
Just because the health service can't off the help that people need!

when_will_it_end

muttley have you contacted your mp?

tempested

carolannie wrote: »

I read through it!

I can't offer any help, but I agree with you, there isn't much help out there for mental health. You have to fight for it and when you are so very ill, you can't do it.

There must be many people out there who give up and suffer in silence

Or end up costing the health service more, through self harm, drink/drug abuse etc!
Just because the health service can't off the help that people need!

That's how I coped!

Suffered in silence for years before eventually seeking help.

That help was always dependant on NHS budgets. I gave up eventually like many with mental illness do. This led to having no support whatsoever leaving only the option of alcohol. I abused that and became alcohol dependent.

Still with no help in the offering, my health failed to such a point that I was taken into hospital with major organ failure.

That is behind me now thank goodness, but the benefit system is certainly geared to having a comprehensive record with the GP and/or consultants. Not seeing the GP now automatically means you get no help with benefits. A vicious circle. Genuine cases are left behind with no help, genuine cases are failed by the system, genuine cases are not helped until someone else steps in to take control.

And finally, I defy anybody to tell me that being mentally ill, they are as able as anybody to look after themselves, make rational decisons about their health care, and finally, are more then capable of claiming and appealing against a benefit decision. Most just give up, and continue to suffer in silence.

Muttleythefrog

when_will_it_end wrote: »

muttley have you contacted your mp?

Not sure there'd be much they can do to be honest. They'd agree with me services are lacking and they'd no doubt say all the right things which are of limited consolation..lol. What I will do though is plant a CC of my MP at the bottom of any correspondence with the DWP... since last week there was excellent evidence to suggest that worked in relaton to the tax office who owed me money from 09/10..lol. If my own working history is anything to go by it is surprising how something as simple as this alters the level of professionalism and service at the other end...lol.