Another DLA refusal!!!

Anubis_2

I agree, from what you say fortate, I see no reason for them to turn you down for a BB. I also think DLA may be awarded ( purely from what you say) but if you do get a BB and you do decide to claim for DLA, mention on your form that you are a current BB holder.

Richie-from-the-Boro

Anubis wrote: »

The fact is, whether the law states it or not, illnesses do make people disabled, which is the point I was making. Even if there was no such thing as DLA and blue badge ( which there never used to be btw, I was disabled before DLA came out) it still would not make any difference as there would still be disabled people who are incapacitated due to sickness.

""" The fact is, whether the law states it or not""" - the law does, the fact that you disagree with the law is your opinion, you can have your own opinion, but you can't have your own facts.

~ ~ ~ BTW I owe you an apology it was fortate not yourself who said """ Me, I don't want DLA, I only want a blue badge """ ~ ~ ~

The law makes people disabled under any act / law that covers disability. In this case anyone who feels an illness has led to a substantial and long-term adverse effect on their ability to carry out day-to-day activities can apply for any number of state support elements under the SS act 2000. Success with an application for example to DLA means that the individual concerned is classed legally as disabled.

beanielou

fortate wrote: »

A Tribunal is part of the Ministry of Justice, as is Crown Court, Magistrates Court etc. They are all courts one way or another.

Representation is not available anymore from the charities, help with wording the appeal is available, but that is where it now stops. Unless you know different?

AS far as i know it is nothing to do with the Ministry of Justice and never has been.
You can receive representation to go to tribunial from welfare rights, CAB or similar and that included attending with you.

Richie-from-the-Boro

fortate wrote: »

Thanks. Whatever they want to know I will tell them. I am more than happy with dealing with hospitals etc than I would be dealing with the judiciary.
Maybe because I have spent upwards of a third of my life over the past 16 years or so, either in them as an inpatient or just having appointments with consultants and/or clinics.

My local authority must be one of those that has decided to adopt the 'new' system, as from April this year no contact will be made with the GP or any other medical professional involved in my care. The report of their assessor is binding and final.

I was always a supporter of reform, not all of them comfortable for BB holders, but essential if we were to avoid the inevitable and draconian clamp down that would happen if interim reform was not agreed by so called interested party's.

Compulsory medical assessment I have always thought should not be brought into the law itself as this would become a real barrier to accessing the benefits a BB could provide. To have a compulsory system without any form of appeal [ internal or external ] is itself and of itself a very unequal way to deal with a benefit relating to equality of mobility. I'm concerned that so called ' independent ' BB medical assessments will not take account of the full medical status / condition of the applicant, peoples mobility varies day to day. An ATOS / LiMA style computer based medical checklist will deny many who are deserving and will remove all discretion on the part of the professional carrying out the medical and of course any discretion on the part of the Local Authority who's primary purpose is to care for its population. Denying a BB to people by default or the unintended consequence of a hard nosed checklist means many deserving will be excluded from the everyday participation in society that able-bodied people take for granted, such as being able to shop or to access anything further than their own front door.

Whether a Mobility issued car or private car, its no good unless you can get it close enough to a point where you can park it.

Now to my question, is """ The report of their assessor binding and final. """ without the right to appeal in 2011, and if not, will it be brought into law next year in 2012. - no idea, I think its currently illegal, I'll look it up !

sad, I liked Amy Winehouse, I thought she was a canny singer !

Richie-from-the-Boro

beanielou wrote: »

AS far as i know it is nothing to do with the Ministry of Justice and never has been.
You can receive representation to go to tribunal from welfare rights, CAB or similar and that included attending with you.

HiYa beanielou, its an urban myth, if you pay £100,000 pounds to a top barrister s/he can not speak on your behalf at a DLA tribunal these days that's why tribunals are formed from only 3 people and are designed as non adversarial - unless you can not speak for yourself because you are deaf-mute / and / or / understand etc.

BTW the Tribunal Appeals Service is part of our Ministry of Justice and they are regulated by the Tribunals, Courts and Enforcement Act 2007.

Richie-from-the-Boro

fortate wrote: »

Thank you.
I agree with you but this is now the only way to get a badge, unless you want to join the 'merry go round' of claiming DLA.
We have to accept it.

I have attached some info from the LA website.

There is no appeal system as such, they do say that you can write in and complain if you think that you were treated unfairly.

I'll have a look for you [ to see if its legal ] my friend, but I would appeal, not complain, and I would call it appeal and get it recorded. 60% of all DLA decisions are overturned on appeal. There are of course no figures for BB appeals.

I would also ask for a ' statement of reasons ' if they do refuse you. Additionally I would write to Local Government Ombudsman and get that recorded.

Last point .. .. .. I would start a ' black book ' this very day, and record the 5 W's :

- who did or said
- what
- when
- where
- why

and keep a full and comprehensive record of all dates and names etc, any telephone conversations I would follow up in writing and try to build an evidence trail. Start it now.

Richie-from-the-Boro

KCC appeal for a BB refusal is mentioned here the document if for the consumption of those carrying out the examination.

Appeals

• If, once refused for a Blue Badge the applicant wishes to appeal, then they should provide additional medical evidence to support their application.

I'd pay for a GP's BB assessment regardless of cost and make sure I get a record of it being received, in addition I'd make 2 copy's and take one with me to the ' independent assessment ' and make sure its given it to the Physio / O/T to read at the point of the medical.

Richie-from-the-Boro

fortate wrote: »

Thank you

I will start a diary tomorrow when I ring up to make sure the application is received.

Having a look at that link is very interesting. I note that the date those notes/instructions were printed was June 2006. That also ties in with the actual application form which asked for details of the GP.

It seems that they are still using the 'old' form, but are now disregarding the GP (as they have already confirmed to me) in favour of their own assessor.
I wonder if they are also still using the regulations/notes issued in 2006 in relation to the claims that have been sent in since April this year?

Their website which talks about the new system does not mention anything about an 'appeal' only a 'complaint'. And nowhere on the website does it give any indication that they would entertain a GP report. Presumably because they don't trust and believe GP's anymore!

How and why they are allowed to operate these new rules I don't know.

2 things only !

.1. As far as I'm aware everything they have said is true and a fact .. .. .. from next year .. .. .. not not in 2011.

.2. No appeal, goes against all dFT recommendations and whilst it may eventually be brought into law, as far as I'm aware its not law at this point.

NOTE unless the LA concerned have passed a ' local bye law ' which of course any municipal authority can do.

sc867

fortate wrote: »

Hello there

That is exactly how I feel, and I haven't even put a claim in! Have you seen the forms?? I am thinking of asking AGEUK to help with the claim for me, but what worries me is the same as you, the work and effort you have to put in to even apply for it only to find that you get rejected.

How people manage to fight these things I don't know. Is it a sign that they are more capable of looking after themselves better and able to cope with stress easier than others?
I know how I would feel if someone told me that there was nothing wrong with me, and then have to prove there is in a court.

I would be angry, and want to box their ears, but know beforehand that that would be completely out of the question. So, like you, it is much easier from all angles not to put yourself through all of that in the first place.

The government is relying on people like you giving up without even trying so that thet can keep their costs down!:mad: Age UK do the fighting for you. You owe it to yourself to at least try and then tell the Benefits people that you want to appeal if/when they say no. The majority of claimants win their case at that point, without having to go anywhere or see anybody apart from the person who fills in the form for them at Age UK. You would feel very embittered if you found out in years to come that you had a valid claim after all and that you had lost out on a lot of help.

Hullmale

How you complete the application form strongly affects whether you get DLA or not. My partner was declined on her first claim. She then applied again but this time she was told how to complete the form by a nurse - it literally can be a case of how you "word" things on this form. She was subsequently awarded the middle rate care component and the high rate mobility component - all because everything was reworded and phrased correctly! The CAB has advisors who are used to this and will advise you what to put in and how to phrase it. There is no reason why you will not get DLA for asthma if it adversely affects your quality of life and you can prove it and you meet the criteria.