Blue Badge ACCEPTED, DLA renewal refused, advice please

diamonds

Need advice, facts first:

HRC 2004-2007, no Mobility

MRC 2007-2010, no Mobility

Awarded on neurological damage & asthma, depression caused by housebound/limitations of disabilties/post traumatic stress of why neuro conditions exist.

2009 Diagnosed privately (NHS over 8 years mis-diagnosed as neurological) with degenerative spinal arthritis, fibromyalgia & cross over of M.E & CFS symptoms ontop of the above pre-existing (NHS deny spinal as well that would prove medical negiligence against them) NHS agree with rest and backtrack 8 years of own assessment.

ESA - now in month 17 of ESA "13 week assessment". Complaints procedure exhasted & now with Independent Complaints Examinator.

Won ESA appeal as ATOS was denied all medical evidence from DWP of which DWP says it sent to ATOS in appeal papers but ATOS confirmed in writing none recieved - DWP in writing admit ALL evidence submitted for ESA destroyed, appeal says must have home assessment as requested as variable hour to hour let alone day to day, GP could not put home visit as variable if I can leave house even though not unaccompanied & driven as public transport not usable.

Refused medicals non-specialist medicals based as per ATOS/DWP contract on ESA - ESA suspended, appeal won on these grounds, "must be a home visit" says Appeal but no reference to specialists as per ATOS/DWP contract.

DLA - No award as GP/ATOS report says conditions are "lifestyle choices", DLA ignored all other evidence and solely used ATOS report.

DLA refused to reconsider or allow complaint against DM for not using ALL available evidence & they will only do a appeal not a complaint against DM for non complience of DWP procedures that ALL evidence must be taken into consideration (& that outweighs ATOS).

The criteria for BB is in line with DLA in Scotland, so how can DLA renew at nothing if BB follows DLA requirements.

NHS GP full support for FULL DLA & ESA Support, local council Social Work denied ANY support since 2002 (when neurological damage occured) but Blue Badge department agree entitlement.

Mobility should have been awarded in 2004, DWP STILL refuse even though housebound and cannot go out unless accompanied & driven.

So BB agreed based on copy of ESA letter from GP to local council but DLA, ESA & Social Work ALL refuse any help, assistance or support and deny conditions.

Claimaint has told DLA non mobility support from 2004 to date means DLA lack of mobility has forced them into benefits system. Claimiant has wanted to work since 2002 & is forced into poverty.


Got them to make another MP appointment. Any advice welcome.

morledge142

have a lie down or give it up.

i felt exhausted just reading all that, have you supported yourself in all this action and how do you have the energy to keep fighting and thinking of all these angles>>

all the best in your fight.

Richie-from-the-Boro

diamonds wrote: »

Need advice, facts first:

HRC 2004-2007, no Mobility

MRC 2007-2010, no Mobility

Awarded on neurological damage & asthma, depression caused by housebound/limitations of disabilties/post traumatic stress of why neuro conditions exist.

2009 Diagnosed privately (NHS over 8 years mis-diagnosed as neurological) with degenerative spinal arthritis, fibromyalgia & cross over of M.E & CFS symptoms ontop of the above pre-existing (NHS deny spinal as well that would prove medical negiligence against them) NHS agree with rest and backtrack 8 years of own assessment.

ESA - now in month 17 of ESA "13 week assessment". Complaints procedure exhasted & now with Independent Complaints Examinator.

Won ESA appeal as ATOS was denied all medical evidence from DWP of which DWP says it sent to ATOS in appeal papers but ATOS confirmed in writing none recieved - DWP in writing admit ALL evidence submitted for ESA destroyed, appeal says must have home assessment as requested as variable hour to hour let alone day to day, GP could not put home visit as variable if I can leave house even though not unaccompanied & driven as public transport not usable.

Refused medicals non-specialist medicals based as per ATOS/DWP contract on ESA - ESA suspended, appeal won on these grounds, "must be a home visit" says Appeal but no reference to specialists as per ATOS/DWP contract.

DLA - No award as GP/ATOS report says conditions are "lifestyle choices", DLA ignored all other evidence and solely used ATOS report.

DLA refused to reconsider or allow complaint against DM for not using ALL available evidence & they will only do a appeal not a complaint against DM for non complience of DWP procedures that ALL evidence must be taken into consideration (& that outweighs ATOS).

The criteria for BB is in line with DLA in Scotland, so how can DLA renew at nothing if BB follows DLA requirements.

NHS GP full support for FULL DLA & ESA Support, local council Social Work denied ANY support since 2002 (when neurological damage occured) but Blue Badge department agree entitlement.

Mobility should have been awarded in 2004, DWP STILL refuse even though housebound and cannot go out unless accompanied & driven.

So BB agreed based on copy of ESA letter from GP to local council but DLA, ESA & Social Work ALL refuse any help, assistance or support and deny conditions.

Claimaint has told DLA non mobility support from 2004 to date means DLA lack of mobility has forced them into benefits system. Claimiant has wanted to work since 2002 & is forced into poverty.


Got them to make another MP appointment. Any advice welcome.

- IF YOU LIKE MY REPLY diamonds - CLICK THANKS ! go on you know you want to !

rogerblack

diamonds wrote: »

The criteria for BB is in line with DLA in Scotland, so how can DLA renew at nothing if BB follows DLA requirements.

Different decision making processes.

Expecting all arms of government to be singing from the same hymnsheet is a little optimistic.

Be grateful you got a blue badge!

You will never get a specialist for your medical, as I understand it, complaining on these grounds and refusing the medical isn't likely to be fruitfull.

I guess it's now at the point of if you want to put in a fresh claim for DLA mobility, and risk the MRC.

The above is one reason why I recommend periodically requesting copies of your file from the DWP.
They periodically delete stuff which they think they don't need.

diamonds

The MRC was removed already based on ATOS assessment at home Aug 2010 which a copy was asked & supplied from DWP the report states ALL the claimiants conditions & being housebound are "lifestyle choices" ?

diamonds

morledge142 wrote: »

have a lie down or give it up.

i felt exhausted just reading all that, have you supported yourself in all this action and how do you have the energy to keep fighting and thinking of all these angles>>

all the best in your fight.

I do law Open Uni, financially supported to tune of about £50,000 from dad over 9+ years. Energy has nothing to do with it, I cant work without mobility and going self employed for 16 hrs a week, I cant achieve one without the other, but yet I cant even get ESA to place me in Support and am still in ESA assessment after 17+ months.

Thanks for the support of goodwill in my fight with claimant

diamonds

Richie-from-the-Boro wrote: »

- IF YOU LIKE MY REPLY diamonds - CLICK THANKS ! go on you know you want to !

Why would I show thanks to anyone biggoted enough to have a go a someone at thier conditions that disable them from a full & proper life, infact I'm sure you find that to be discrimination Richard, best of luck in life, you obviously need it when you get kicks from other peoples inequality. Small penis by any chance ?

Richie-from-the-Boro

diamonds wrote: »

Why would I show thanks to anyone biggoted enough to have a go a someone at thier conditions that disable them from a full & proper life, infact I'm sure you find that to be discrimination Richard, best of luck in life, you obviously need it when you get kicks from other peoples inequality. Small penis by any chance ?

I did not have a ' go ' at you, whether for inequality / peni$ [ what makes you think I'm a male gender ? ] / or / any other reason - didn't you see the big GRIN ?

- so what you are really saying is you want me to click your thanks button for nowt

- but you won't reciprocate and click mine when I offer you nowt

Who's discriminating / now ?

Richie-from-the-Boro

- go on you are still watching this thread [ Current Activity: Replying to Thread Blue Badge ACCEPTED, DLA renewal refused, advice please ] , speak your words my friend .. ..

diamonds

rogerblack wrote: »

Different decision making processes.

Expecting all arms of government to be singing from the same hymnsheet is a little optimistic.

Be grateful you got a blue badge!

You will never get a specialist for your medical, as I understand it, complaining on these grounds and refusing the medical isn't likely to be fruitfull.

I guess it's now at the point of if you want to put in a fresh claim for DLA mobility, and risk the MRC.

The above is one reason why I recommend periodically requesting copies of your file from the DWP.
They periodically delete stuff which they think they don't need.

I'm not expecting it but BB issue from legislation changes came in force in 2011 were to standardise DLA & BB issue.
http://www.google.co.uk/url?sa=t&source=web&cd=1&ved=0CBwQFjAA&url=http%3A%2F%2Fwww.transportscotland.gov.uk%2Ffiles%2Fdocuments%2Froads%2FBlue_Badge_Reform_-_Awareness_-_Letter_to_Local_Authorities_-_21_March_2011_-_pdf_Version.pdf&rct=j&q=transport%20scotland%20blue%20badge%20legislation%20may%202011&ei=qiieTpDjA8qW8QPmlMSdCQ&usg=AFQjCNHqcf4yU6UW2Evns5dsD1p_4Y-agw&sig2=thH2x78cpANExW7OPzbjyg&cad=rja

Grateful I am, the cost of parking for parent taking them out is not sustainable for them having retired, no benefit for them really as they get dropped at door & picked up wherever they go, the cost of car ownership is not affordable to parents & they wrote to DLA stating the dependancy on them, thier health conditions stopped them helping at home & thier car would be off the road in next year as they could not affford it anymore & claimiant would not survive without the vital help parents give.

The DWP/ATOS contract state MUST have a specialist as FM/M.E & CFS are uncontrollable, DWP wont apply ANY of the circumstances themselves say they will in DWP publications http://www.dwp.gov.uk/employment-and-support/


Periodically do get reports as per me telling them too, thats why its know ALL medical conditions are "lifestyle choices" from the DLA/ATOS report, DLA ignored GP letter & my parents letter to them and ruled in favour of ATOS report, DLA refused to relook at ALL evidence as per DM requirements to take ALL avail evidence into consideration under a compliant or to have the decision looked at again before appeal process, DLA are insistant to go straight to appeal but thats not DWP procedure with complaints or asking a decision to be looked at again.

diamonds

Richie-from-the-Boro wrote: »

I did not have a ' go ' at you, whether for inequality / peni$ [ what makes you think I'm a male gender ? ] / or / any other reason - didn't you see the big GRIN ?

- so what you are really saying is you want me to click your thanks button for nowt

- but you won't reciprocate and click mine when I offer you nowt

Who's discriminating / now ?

You added nothing constructive and added nothing at all - but a stupid statement, hows that supporting anyone in anything ? Troll somewhere else please and hope your partner never beats you to a pulp and within an inch to your life and leaves you struggling with your health for life because of thier "outbursts". Being pushed on IB/ESA because Mobility & Care are not awarded properly for 9+ years due to ATOS reports is not acceptable when claimiant has begged for such to be able to work 16 hours a week around conditions to have a better standard of life and thus has placed a burdon on individual, central and local goverments through IB/ESA, Housing Benefit & Council Tax benefit & where Local Authority refuse any help through Social Work becuase thier assessment is based on DLA award. In other words left to rot by the system designed to protect the individual.

Who's discriminating ? Not the individual for sure, try governmental depts.