DLA Turned down

fogartyblue.

pipkin71 wrote: »

It is not the case that they just turn people down
upon first application as a matter of course.





When someone appeals, or asks for a reconsideration, another decision maker
will look at the application so it's entirely possible to have a reverse
decision.[/QUOTE]

But not very likely without proper medical evidence to prove what the needs are!!

Ellejmorgan

I have this condition also but i'm only in my early 30's..
I have had a lower disk removed from my back but have chronic sciatica as a result, i also have a disk bulging in my neck..they want to remove this but i have no one to look after my kids so I have had steroid..sometimes my back locks and i can't move at all..

I am having to fight to get anything I was awarded dla of £19.55 on the basis of cooking only and nothing else and i'm also fighting ATOS to stay on ESA..this is pointless because i'm also a lone parent..my own sister wouldn't give me a job because i'm a health and safety risk, my 11 year old has to make her baby sisters feeds because I can't even hold a kettle..
He won't get much I can't and I'm also on 70mcg morphine, have had surgery and can't have physio because my situation is too bad..
Also have back up from health visitor, doctor, surgeon, physio, and a history of 4 years of pain and I still can't get anything..

mike+caz

Hi
Got an update and I am very annoyed.

Went to Tribunal this morning were questioned for almost an hour. All we got was low rate care for 18 months only and no mobility whatsoever even though his OT and GP says he can't walk 50 metres without pain. At one point they brought up his blue badge that he has and the doctor there asked if he had told his GP what to write in order for him to get it!! Pity it wasnt being recorded. At one stage the woman that was there [can't remember what she was for] was more interested in how I looked after my autistic son than how I helped look after hubby.

Ah well on to the next stage of the tribunal system.

krisskross

mike+caz wrote: »

Hi
Got an update and I am very annoyed.

Went to Tribunal this morning were questioned for almost an hour. All we got was low rate care for 18 months only and no mobility whatsoever even though his OT and GP says he can't walk 50 metres without pain. At one point they brought up his blue badge that he has and the doctor there asked if he had told his GP what to write in order for him to get it!! Pity it wasnt being recorded. At one stage the woman that was there [can't remember what she was for] was more interested in how I looked after my autistic son than how I helped look after hubby.

Ah well on to the next stage of the tribunal system.

Is there a next stage? I thought the tribunal was the last stage.

mike+caz

krisskross wrote: »

Is there a next stage? I thought the tribunal was the last stage.

I was told there is an upper tribunal. Maybe I misheard.

Have had phone call from CAB he seems to think change of circumstances should be done first as hubby has slowly gotten worse since we filed in original form in Jan.

nannytone_2

there is an upper tribunal, but you can only appeal to that on a point of law ( if the process hasnt been followed correctly).

you cant appeal to the upper tribunal because you still fisagree with the decision.

you could ask for a 'supersession' ( change of circumstances) but would need evidence to back up how the condition and care/nobility needs have worsened

rogerblack

krisskross wrote: »

Is there a next stage? I thought the tribunal was the last stage.

You first appeal the decision to the lower tribunal, asking leave to appeal to the upper tribunal.
They can at this point decide to revise the original award in some circumstances, or have a re-hearing.

If this is granted, then you appeal to the upper tribunal.

If it's not, you appeal to the upper tribunal for leave to appeal.
If this is turned down, you have extremely limited grounds - basically only in the case of procedural errors by the UT in considering your application for leave.

http://www.disabilityrightsuk.org/f39.htm outlines the process.

In principle, there might be further avenues of appeal through judicial review, or the court of human rights, but these would be vanishingly rare.


The tribunal is only concerned with the date of the original decision.
For them to take into account your present condition, not the condition you were in at the time of the original decision is an error in law, and would lead to the DWP challenging it.

Reporting changes of circumstances when you have a live appeal is unfortunately problematic.
If you appeal a decision made in January, you may get a hearing in August.
But if you worsen in March, and then report this, and get the same award as originally, then the tribunal awards you a higher award, it would only apply from Jan-Mar.

mike+caz

rogerblack wrote: »

You first appeal the decision to the lower tribunal, asking leave to appeal to the upper tribunal.
They can at this point decide to revise the original award in some circumstances, or have a re-hearing.

If this is granted, then you appeal to the upper tribunal.

If it's not, you appeal to the upper tribunal for leave to appeal.
If this is turned down, you have extremely limited grounds - basically only in the case of procedural errors by the UT in considering your application for leave.

http://www.disabilityrightsuk.org/f39.htm outlines the process.

In principle, there might be further avenues of appeal through judicial review, or the court of human rights, but these would be vanishingly rare.


The tribunal is only concerned with the date of the original decision.
For them to take into account your present condition, not the condition you were in at the time of the original decision is an error in law, and would lead to the DWP challenging it.

Reporting changes of circumstances when you have a live appeal is unfortunately problematic.
If you appeal a decision made in January, you may get a hearing in August.
But if you worsen in March, and then report this, and get the same award as originally, then the tribunal awards you a higher award, it would only apply from Jan-Mar.

Thanks very much for info I now understand a little better.

They did state at the time that they were talking about when we first applied in Jan. So I take it that even though he's on stronger pain killers and sleeping tablets that they can not use that info. The CAB rep said to go to GP and get a letter, which won't be a problem because he saw them a few weeks ago and he was told then that there is nothing they can do as its inoperable all he can do is take pills and rest as much as possible when he needs it, so that we can ask for a change of circumstances. I'm relying on their judgement because I know very little of the benefits system.

GlasweJen

You're focusing on the wrong things, if you apply for a new award/change of circumstances the meds should only be mentioned on the meds page. The rest of the form is about care and mobility.

I take a stupid amount of pills, the only important ones are the ones who's side effects cause me care needs. I'm already incontinent so the ones that give me stomach symptoms are disregarded, one gives me double vision but I use prisms in my glasses to overcome that so they don't count etc.

You need to focus on day to day, can your husband walk? No, why not? Do his pain killers help? Would a walker help? What about a manual wheelchair?

Ok can he go out alone? Why not! Does he need supervision? Is he a danger to himself?

Work through the form methodically, predict what barriers the DWP would put up and answer for those too.