Problem with DLA Tribunal, Need To Appeal

sarah2012

In answer to tomjonesrules, I filled the form out in Nov of last year I think, in exactly the same way as I have always done.
In Feb I get the letter saying that my husband is now not entitled to DLA, and I am not his Career, so we appealed.
His circumstances have not changed, except to say his nerves have got worse, culminating in his heart attack in Oct, his surgeon has said that he needs not to be under any more stress.
Everything that I have written to them, they have ignored or said the opposite to what I have said.
What I do not understand is the last tribunal "3 or 4 years ago" had the same information, and yet they gave him DLA, I do not know what is different this time.
After the last tribunal "3 years ago" I received a copy of the files the dwp has on my husband, in it, it says that his psychiatric nurse, and psychiatrist both say that he needs on going care for the rest of his life, and yet they have taken somebody's opinion "a nurse" who has not seen him.
I think I am just facing a losing battle here.
Sarah

GlasweJen

DLA claims are under more scrutiny and the laws around awards are being closely adhered to. Compared to 5 years ago it is currently more difficult to claim DLA even though criteria haven't changed much.

You have lost your battle, no laws have been ignored so your claim has failed. You can reapply but as I've posted above you'll need to prove stable care needs for 6 months and can on,y claim from 3 months after your husbands heart attack.

Muttleythefrog

Yeah Sarah.... sadly DLA can be a bit of a hit and miss affair... no guarantees.... and tribunals can and will reach different decisions even with identical information. It can be a real battle.... and there seems to be very much an approach of 'you must convince us' rather than 'we'll get to the facts and get this right' approach to DLA. I'd hardly describe myself as a fool... I'm well versed on DLA etc... but I've had nothing but a nightmare with DLA.

As Glaswegen states too... there is some evidence they are getting tougher with the awards even though the law hasn't really changed with regards entitlements. Treat it all as a game... because unfortunately that is what it is.

sarah2012

Thanks For the help.
Sarah

tomjonesrules

sarah2012 wrote: »

In answer to tomjonesrules, I filled the form out in Nov of last year I think, in exactly the same way as I have always done.
In Feb I get the letter saying that my husband is now not entitled to DLA, and I am not his Career, so we appealed.
His circumstances have not changed, except to say his nerves have got worse, culminating in his heart attack in Oct, his surgeon has said that he needs not to be under any more stress.
Everything that I have written to them, they have ignored or said the opposite to what I have said.
What I do not understand is the last tribunal "3 or 4 years ago" had the same information, and yet they gave him DLA, I do not know what is different this time.
After the last tribunal "3 years ago" I received a copy of the files the dwp has on my husband, in it, it says that his psychiatric nurse, and psychiatrist both say that he needs on going care for the rest of his life, and yet they have taken somebody's opinion "a nurse" who has not seen him.
I think I am just facing a losing battle here.
Sarah

But what evidence did you supply? A medical opinion from three years ago has absolutely no bearing on the current situation.

I'm beginning to lose sympathy because you're not taking on board what people are saying.

sarah2012

To Tomjonesrules
I do not want, nor did I seek your sympathy.
I have taken on board most peoples advice. I am in the process of speaking to a solicitor. To answer your question, we have submitted our GPs evidence, and other medical peoples, who have actually seen my husband.
I came on this forum, not for sympathy or pity, but for help.
Nearly everyone has been helpful except for you "tomjonesrules" you seem to go out of your way to be Nasty and Rude.
If I was a weaker person, or somebody who had mental problems, your snide advice would have pushed me over the edge.
So please go and be negative somewhere else, I don't need it.

Sarah

bestpud

sarah2012 wrote: »

To Tomjonesrules
I do not want, nor did I seek your sympathy.
I have taken on board most peoples advice. I am in the process of speaking to a solicitor. To answer your question, we have submitted our GPs evidence, and other medical peoples, who have actually seen my husband.
I came on this forum, not for sympathy or pity, but for help.
Nearly everyone has been helpful except for you "tomjonesrules" you seem to go out of your way to be Nasty and Rude.
If I was a weaker person, or somebody who had mental problems, your snide advice would have pushed me over the edge.
So please go and be negative somewhere else, I don't need it.

Sarah

But what if Tomjonesrules has lots of experience in this area and could offer you lots of free advice of only you'd answer the questions they ask...

I know you're under stress but your situation has occurred because you and your partner have made bad decisions. Maybe it's time to start listening more and snapping less?

sarah2012

Bestpud, You are right.
I am stressed, but there are ways to speak to people.
I do not understand your comment about "you and your partner have made bad decisions" what bad decisions have we made?
We filled in the forms that they sent us, we sent all medical records we had, if you mean we did not turn up in person to the tribunal,
surely that too is proof of illness, it is not that we were not bothered, he mentally could not.
The only thing I did not do was to get outside help, from say a CAB, but that was also hard, as I cannot get out much.
A nice lady on this forum, has adviced me to speak to a solicitor, which is what I am now doing.
sarah

tomjonesrules

sarah2012 wrote: »

Bestpud, You are right.
I am stressed, but there are ways to speak to people.
I do not understand your comment about "you and your partner have made bad decisions" what bad decisions have we made?
We filled in the forms that they sent us, we sent all medical records we had, if you mean we did not turn up in person to the tribunal,
surely that too is proof of illness, it is not that we were not bothered, he mentally could not.
The only thing I did not do was to get outside help, from say a CAB, but that was also hard, as I cannot get out much.
A nice lady on this forum, has adviced me to speak to a solicitor, which is what I am now doing.
sarah

Initially you stated that there was no way your husband could attend a hearing, but now you are complaining that a subsequent hearing was heard in his absence. Can you not see the contradiction there?

Oh, and I have not been nasty or rude in any way, simply posted the reality of the situation. Are you going to call the solicitor names if they tell you something you don't want to hear also?

Cpt.Scarlet

sarah2012 wrote: »

A nice lady on this forum, has adviced me to speak to a solicitor, which is what I am now doing.
sarah

Make sure you find a solicitor with benefits experience, many will say there is no difference from common law, but there is and you will be wasting your money if they do not know the system and the case law.