dla appeal on friday

lesandflynny

Hello Crutches

Well done girl, your braved the strom and attended. It sounds as though the ordeal / hearing itself is enough to make somebody poorly.

I am not familiar with this stuff but did they actually tell you the results of your appeal today or do you have to wait?

I hope something good comes out of this for you

xx

ontheup_3

Hi Crutches , Im really sorry things didnt go well for you , I also hope it doesnt put you off fighting for what you beleive in !!!

The next step is to get your GP's to help you fight your corner for you and see what dirction is best for you now !!

Once again im sorry you have had a raw deal

crutches

got the outcome there.NO MOBILITY LOW RATE CARE AWARD STANDS UNTIL SEPT.

sleepymy

Hey crutches, I've nothing useful to ad at this stage, I'd just like to say I went through a similar experience a few years as have a few 'cyber' friends of mine. Try not to take it personally, these people are obviously from the 'ME/CFS is a psychological illness' club and don't know their @rse from their elbow. Go with the fresh claim and try not to let it scare you off.

I found it traumatic and humiliating but didn't give up and eventually saw a DLA doc who know all about the illness and was awarded mobility & care indefinitely so it really is worth persevering with the right support. Some ME charities have literature which help you fill the forms in too.

Good luck with the next one.

Zara33

crutches not much help i know just wanted to say chin up and don't let them beat you down.
Can you not appeal this decision

lesandflynny

This will not help your financial situation I know, but I have got to say it grrrrrrrrrrrrrrr I am absolutely appauled at how inconsistent the allocation of these benefits are around our country.

Please give yourself time to get over this recent experience, keep with CAB & get in a strong position before September. Perhaps a re-application is the answer here. It is awful but the wording and articulation of an application is important.

XX

Mrs_Supersaver_1

Hi Crutches,

I'm absolutely 'shocked and horrified' with the way you were treated today.

Please do not be put off claiming Dla if you think you deserve it, and it very much does sound as if it would help you.

Please get on the phone Monday morning to:
Benefits enquiry line: 0800 882200 and request a claim form for Dla both care and mobility, and start a fresh claim from now with a 'change of circumstances', go and tell your Gp of todays ordeal and ask for his/her support again. Infact if they are really good, they may even fill in parts of the form for you.

Crutches do not dispair today, go have a few glasses of wine, and start the battle all over again. DO NOT GIVE UP!

I know it is no consolation to you today, but I had 3 Emps come out and see me, I filled in about 4 claim forms then went to an appeal with a neighbour, and like you at the time I only had lower care! I won my appeal and got high care - it did take about 3 years, but well worth it.

I am really sorry I cannot say or advise anything more tonight to cheer you up,BUT the Dwp will hope you get fed up and GIVE UP - DO NOT ok.

Take care and keep posting so we can see how you are doing
xx

Nilrem

Crutches, i'm sorry to hear about that
It sounds like you got a similar treatment to myself about 8 years ago, an experience that left me really panicking and upset.
I appealed the tribunals decision and got it on the second tribunal (something I was dreading after the first one).

I would follow Mrs Supersaver 1's advice but with one difference - ring DLA and the tribunal service and say you would like to have the paperwork and written reasons for the refusal as you are considering appealing it.
From memory and assuming it's not changed in the past few years you should then be able to read the official written reasons and if you feel they have ignored something important ask them to set it aside.

I'm afraid I cannot remember the exact methodology, but it is possible and they can and will set it aside in the interests of "natural justice" under certain conditions (I think one is if the tribunal refused to take notice of your evidence etc).

re the cooking a meal, I beleive it has to be a proper meal using an oven for part of it - they are not meant to restrict it to just using a pot with some potatoes and peas in it as that is not a meal (oddly enough our bad tribunal tried that with us - two potatoes and some peas being a main meal), it is meant to be a realistic meal, not some faddish diet from the states.

Try to relax over the weekend, and make your move monday - rest assured whilst some tribunals are bad most are not, not much reassurance i'm afraid - i've been to about 6 now and the bad one is still the one I remember and causes me to get badly stressed.

Morglin

There are certain "set asides" made (usually on points of law), but quite honestly you may be better just submitting a new claim.

Before you do this, however, contact the CAB and ask them to point you in the right direction for a Welfare Rights worker - they are trained and professional, they know how to best word the forms, and if needs be, they will represent you at the next tribunal.

The disabilities you have are generally a problem concerning DLA/IB, but they are generally less of a problem if you have representation.

Lin

ontheup_3

Good point there Lin !!!! there are many charities/organisations that have speicialists , and with their help in the tribunal and getting you to that stage are a good help

When my Wife claimed for ME/Panic disorder she was given full care and low mobility for 2yrs , and as they had the dates wrong i rang them (so the person who looked at the claim first agreed with us etc etc) and explained about the dates they said ok np we'll look at it for you , i thought great then we get a letter saying basically i was correct and they had the wrong dates but then went onto say the person that reveiwed (hang on i never asked for a reveiw just they got the dates wrong !!!!!) the claim said that we should only get low rate for both !!!! and that was it it was changed , now dont get me wrong i knew nothing of the system then but i did know if someone said one thing and all the people that was helping us with our son an etc thought it was worth high rate why would this woman change it ?!!!

I rang DLA spoke to managers and other people and i finally go to the woman who changed it , she said "we are not allowed to speak as i made decision on your case but just this once i will explain why " she went on to say some rubbish and i was laughing putting her straight at each and every point , she finished the convo by saying it will not be changed and no one else can reveiw it !!!

So tribunal it was !!! thinking it was going to be a raw deal i took a member of a disability action group and wow he was great , we walked out the tribunal with it back to high rate and with a years extention so 3 yrs instead of 2


It just winds me up when so many "people" and "doctors" and "specialist" dont listen when theyare being told , even in todays time there are still many many Docs etc that dont believe in ME !!!

sorry waffled on a bit there lol , anyway crutches keep us posted and we will help in and way we can to make it a postive outcome from all this