dla appeal on friday

crutches

I'm hoping for some advice.I have fibromyalgia,CFS,Sciatica,irritable bowel,moderate depression and mild incontinence.I applied for DLA and was awarded low rate care but no mobility.I appealed and sent a note from my GP stating that I am "virtually bedbound much of the time.uses crutches to walk".
This got me an EMP visit,he watched me walk 2.6m and judged me able to walk 300m without pain!
I have an oral hearing on friday.I went to the CAB on weds and they spent 2 hrs trying to find an adviser who could help(yes i did phone to book a week before with all details).?They were very apologetic but cant come with me.Their advice is to cancel my present claim and reapply with their help?!?!
I'm petrified.If the note (and GP form) from the surgery doesn't count,the walking aids from the council,the INC.BEN medical with 43 points for lower limbs (un)mobility and the inc ben report clearly stating exam curtailed due to pain and significant mobility problems WHAT "EVIDENCE" DO THEY NEED!!!!????
i was on gabaprntin but put on loads of weight so now am on 4000mg cocodamol,1500 mg voltarol,3000 mg baclofen and 40 mg of citalopram
a day.Thats enough to give me concentration and stability problems!
I recently fell and tore the ligaments in my foot and was not allowed any more painkillers as i was on the max ?!?
My husband is lookinfg after our toddler so cant come with me.
Any Tips PLEASE?

Nilrem

Hi

My advice would be
1: Make notes of what you want to say - it's really easy to forget on the day (especially if you are nervious).

2: Go through the documentation and highlight everything you disagree with (something like post it notes to mark the pages also helps) - keep a note of the page numbers of the most important points.
If you've got the medical references for the problem in the documents point them out - the doc on the panel should be able to understand them much better than the low pay, poorly trained and overworked staff who make the initial decisions etc.

3: Take any medication, your doctors note (although it should be in the documentation), and anything else that you think might be applicable, keep it neat and tidy, and if possible get photocopies of anything new so you can give each of the panel members a copy (I cannot remember if you are meant to give it to the clerk or not beforehand - there is normally a clerk present so ask when you arrive).
I would recommend a box file if you've got a lot of stuff and can manage to carry it.

4: If your husband is unable to go with you, have you got any close family or friends you could ask?

5: I know this will be hard, but try to relax and not worry about it too much (this coming from someone who gets into a real state about this sort of thing;)).

6: Remember that most of the time the people at the tribunal will be pleasant and aware that this will be stressful for you and will probably do their best to put you at ease as much as possible.

Don't be suprised to see a big security guard on the door/in the waiting area, don't let it worry you:)

Finally if you feel you disagree with the final decision at the tribunal you can still appeal it, but you will need to let the tribunal service know ASAP and get the documents for it so you can put a case forward for it to be set aside.


Good luck, i've been through a few of these and they are normally (if not exactly pleasant) not as bad as you might imagine/fear.

Nilrem

Hi

My advice would be
1: Make notes of what you want to say - it's really easy to forget on the day (especially if you are nervious).

2: Go through the documentation and highlight everything you disagree with (something like post it notes to mark the pages also helps) - keep a note of the page numbers of the most important points.
If you've got the medical references for the problem in the documents point them out - the doc on the panel should be able to understand them much better than the low pay, poorly trained and overworked staff who make the initial decisions etc.

3: Take any medication, your doctors note (although it should be in the documentation), and anything else that you think might be applicable, keep it neat and tidy, and if possible get photocopies of anything new so you can give each of the panel members a copy (I cannot remember if you are meant to give it to the clerk or not beforehand - there is normally a clerk present so ask when you arrive).
Check everything listed in the table of contents is actually in the documentation they've sent you - i've had a copy where important parts of it were missing or mis numbered (fortunately spotted early).
I would recommend a box file if you've got a lot of stuff and can manage to carry it.

4: If your husband is unable to go with you, have you got any close family or friends you could ask?

5: I know this will be hard, but try to relax and not worry about it too much (this coming from someone who gets into a real state about this sort of thing;)).

6: Remember that most of the time the people at the tribunal will be pleasant and aware that this will be stressful for you and will probably do their best to put you at ease as much as possible.

Depending on the tribunal members you may not need to reference much, if any of the stuff in points 1-3, but it's worth being prepared. Sometimes you'll go in, get asked a few fairly simple questions to clarify a particular point or two and get a decision in minutes (depending on how prepared they are, and if they beleive it borderline from the documentation)

Don't be suprised to see a big security guard on the door/in the waiting area, don't let it worry you:)

Finally if you feel you disagree with the final decision at the tribunal you can still appeal it, but you will need to let the tribunal service know ASAP and get the documents for it so you can put a case forward for it to be set aside.


Good luck, i've been through a few of these and they are normally (if not exactly pleasant) not as bad as you might imagine/fear.

Morglin

I would always advise anyone attending a tribunal to have a Welafre Rights worker with them to put their case - but, as it's too late for that now, just keep calm, answer the questions truthfully and hopefully you'll get the award you want.

See:

http://www.benefitsnow.co.uk/appeal/appealtribunal.asp#what

Lin

gravitytolls

DH went to the CAB today, and they advised the same thing - reapply.

I think you've been treated very shabbily, I can't believe your home visit.

I don't suppose you've kept any sort of diary of your illnesses? Perhaps between now and Fri, it'd be worth keeping a day to day outlline of what you actually do, and when, and in what quantities you take meds. This may at least give you the opportunity to fully present how you are affected on a daily basis.

I do wish you much luck, and I think you're going to need it. Sadly, it seems those issuing awards seem to treat the public purse as if it's their own money, rather than simply focusing on the needs of the individual.

crutches

thankyou all for the support and the link and advice.I'm terrified.
I dont have many physical friends now(just virtual ones) as i dont get out much.
its in tyhe local courthouse too so feel guilty even though i'm not!

Mrs_Supersaver_1

Hi crutches,

can you PM me sometime with your email addy?

I may have a few points to help calm your nerves.

ontheup_3

Hi crutches ,

first of all (i know its easy to say) but please relax you do not need the extra stress ..

A tribunal is made up of 3 people , one is normally a doctor/gp and the 2nd is a nurse/carer and the 3rd is a lawer type person who make sure they all abide by the law .

All 3 people will be there for you , they do not work for dla in anyway and they will simply come to a decision based on the facts and what you tell them , please remember that its a lot easier to get your points across verbally than on a form .

I would suguest you make notes of the things you think make a difference and go in thinking is a nice little chat (as that will be what it is ) they are very informal affairs as they try to make you as relaxed as possible , you will be asked questions and you must then take a moment to think of the answer (do not rush in with one) they will allow you to take as much time as you need .

I hope all goes well for you and you get what you deserve !!!

Just remember to take your time and relax and all will be well

Mrs_Supersaver_1

Hi crutches,

have sent you an email

crutches

its official.
i'm a fraud,
I was treated like a criminal,3 tribunal officers sat on the judges bench above me,me and DH on low chairs below.

obviously no belief or interest in CFS/FIBROMYALGIA.

doctor rep asked me where i got my crutches as i walk so well that i probably have no need of them!
(i thought i'd get some from ebay for fun!!!!! )
most interested in if i BELIEVED i'd get better and what rate I was "asking " for??!!!!!
Also told they were in two minds about removing my low rate because
i "should" be able to prepare veg and cook one potato/frozen peas in av pan and lift out with slotted spoon.bend to get food out of oven " does not apply".
the 2 female members at least treated me courteously and the (legal ) chair,was firm and kept reminding me of all the legalities etc.

my (5!) gp'S don't count,the INc ben was felt to be exaggerated(!)and
I'm so miserable I could jump off the nearest bridge!
DH was treated as if he was an overanxious person.my pain was dismissed and obviously NCH YOUNG CARERS PROJECT and carer's outreach work with us for their own amusement.

THANKS FOR ALL YOUR HELP.

if this post worries you ii'm sure your appeal will be much better.
If it's in caernarfon county court.....BEWARE!

krisskross

Oh dear. What an ordeal. When will you know the outcome?