Tribunal today. (DLA)

edited 30 November -1 at 1:00AM in Disability Money Matters
15 replies 2.6K views
rogerblackrogerblack Forumite
9.4K Posts
edited 30 November -1 at 1:00AM in Disability Money Matters
Today I go to my DLA tribunal - initial application was back in Feb.

Refused on the basis of a not-very-relevant ESA medical, seemingly without them reading my forms at all.

Sent off around 20 pages of A4 to the tribunals service, and spent way too long over the last year or so researching this.

I've got CFS, and think I've got a very strong case for low-rate care and low-rate mobility, with a reasonable one for medium-rate care and high rate mobility.

Tempted to not turn up, as facing it is difficult - but I'll be there - feeling OK today - though have basically been in bed resting for the last 2 days to build up strength.
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  • And the very best of luck to you. Especially as you have been very helpful with your posts and I for one have learnt from them.

    I have been awarded MRC and LRM at my recent tribunal (was LRC only) but apart from CFS have other problems.

    Let us know how you get on but it may take a while to get over it all.
  • Richie-from-the-BoroRichie-from-the-Boro Forumite
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    rogerblack wrote: »
    Today I go to my DLA tribunal - initial application was back in Feb.

    Refused on the basis of a not-very-relevant ESA medical, seemingly without them reading my forms at all.

    Sent off around 20 pages of A4 to the tribunals service, and spent way too long over the last year or so researching this.

    I've got CFS, and think I've got a very strong case for low-rate care and low-rate mobility, with a reasonable one for medium-rate care and high rate mobility.

    Tempted to not turn up, as facing it is difficult - but I'll be there - feeling OK today - though have basically been in bed resting for the last 2 days to build up strength.

    Myalgic Encephalomyelitis

    - you've spent a long time here ""self educating"" in prep for your second bite and deserve to be applauded for your effort

    - during that time you have consistently used your efforts and learning to assist others in this group and deserve to be applauded

    I wish you well 'rogerblack', not turning [ last minute ] up for an oral is what they hope for - don't hand it to them on~a~plate .. .. you've run a long marathon don't give up just before the last few most difficult yards.
    Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ
  • Thanks.
    Unfortunately, it's not over!
    Total of 3 minutes or so in there, as they'd decided to send a doctor round, to get more evidence - which is fair enough I suppose, but I was hoping for a result on the day.
    They say likely 4 weeks for the doctor to turn up, 8 weeks for a new tribunal.
    So, end of Feb, a bit over 13 months since application.

    Self educating, and helping others is a useful way of distancing myself from my own problems.
    Admitting your real ability to yourself is hard sometimes.

    Thanks!
  • OMG what a nightmare for you.

    I feared this would happen to me but not so as I had never had a medical which surprised me.

    I am sure many will say 'to get it out of your mind for now' but they really do not know how it takes your whole mind over, and for every second you are awake.

    Is it greed NO NO NO it is need to get in a bit extra admittedly but added to which is the desire to make the folks in the system understand more. Especially CFS/ME.

    Chin up - as best you can
  • LadyMorticiaLadyMorticia Forumite
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    Sorry rogerblack. :( What a nightmare for you. :(
    2019 Wins
    1/25

    £2019 in 2019
    £10/£2019
  • Richie-from-the-BoroRichie-from-the-Boro Forumite
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    rogerblack wrote: »
    Thanks.
    Unfortunately, it's not over!
    Total of 3 minutes or so in there, as they'd decided to send a doctor round, to get more evidence - which is fair enough I suppose, but I was hoping for a result on the day.
    They say likely 4 weeks for the doctor to turn up, 8 weeks for a new tribunal.
    So, end of Feb, a bit over 13 months since application.

    Self educating, and helping others is a useful way of distancing myself from my own problems.
    Admitting your real ability to yourself is hard sometimes.

    Thanks!

    "" Sent off around 20 pages of A4 to the tribunals service ""

    - we know they should, but never do .. .. read your evidence before the day
    - frustrating for you but the 3 panel members will have read DWP pack and decided to re-visit based on your supporting paper evidence
    - that's a good thing, because this time they will have to gather evidence properly, and allocate points diligently

    Put conversely if they had sufficient medical evidence to fail you at the today point they would have done so today - you should consider that a win battle two :D

    Did you get a 'phone call' from the DM in the last few days ? - 04 November, 2011 - New measures include that decision makers are to ring claimants to make sure they have all available evidence before making unfavourable decision

    Best to you rogerblack.
    Disclaimer : Everything I write on this forum is my opinion. I try to be an even-handed poster and accept that you at times may not agree with these opinions or how I choose to express them, this is not my problem. The Disabled : If years cannot be added to their lives, at least life can be added to their years - Alf Morris - ℜ
  • hippygranhippygran Forumite
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    Rogerblack,

    This happened to my husband too.

    He had DLA for 2 years at low rate mobility but with no care component, but on renewal was told he didn't qualify at all (even though his condition was degenerative, and had worsened in the two years of the initial award).

    The tribunal was not satisfied that the DWP had sufficient medical information, so instructed the DWP to send a doctor to the house.

    The doctor came, and my husband was convinced that the doctor would be biased towards the DWP point of view, and even more so when the doctor attended and gave my husband some constructive advice about dealing with his disability on a day to day basis!

    This was a few years back (4 or 5), so the time scales were a bit quicker, and the date for the new tribunal was only three weeks after the first one.

    About 2 days before the next hearing, hubby checked his bank balance, and there was a whopping credit from the DLA (he hadn't even had a letter by then, and the money had been sitting in his account -in respect of back dated payment, from within a week of the doctors visit!).

    He was awarded HRM and LRC indefinitely.

    So the doctors visit could actually be beneficial to you, and it may not take as long as you think. The tribunal have asked for this to be fair to you. This may all be actually in your best interests long term.

    Wishing you all the best

    Hippy
  • Similar happened to me about 10 years ago,they stopped all payment until i went to their tribunal,feeling humiliated at having to ask for DLA the first ever time i have had a benefit in my life was dreadful,Having to explain what i can and cannot do was bad enough but getting to private stuff like how do i wash myself was degrading,after what seemed a lifetime the board awarded me high rate DLA mobility for life and low DLA for care component.I wouldnt wish what i had to go through on anyone,so my thoughts are with you and i wish you all what you deserve.
    Must add all payments were back dated to when it stopped and because of this lump sum i bought my mobility scooter which is a godsend.
  • TrixieBTrixieB Forumite
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    Oh rogerblack, I am sorry that it wasn't all dealt with there and then and another bl00dy wait for you - how depressing...

    it's about time that they addressed the issue of these so called invisible illnesses like CFS/ME/Fibro

    Wishing you luck as you continue your journey x
    Trying very hard to be frugal and OS - just plodding on and doing my best!
    :money: :money:
    :money:
  • Thanks all.
    I knew when they said it'd be a short time that it was likely going to be medical evidence required - simply as there was a pretty inarguable case for at least LRC, to the point it'd be an automatic appeal to the upper tribunal.

    The existing criteria for DLA are quite applicable to ME/CFS - in many ways - but they are not obviously so - you have to dig into the underlying regulations, and guidance to find how they may apply.
    If I end up passing, I'll write up my submission to the tribunal in a more general way for others, as ideas.
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