HELP????? Disability Tribunal Appeal

jules_2

I had a very similar problem last year.
I was off for depression and anxiety and I had to go to a interview assesment thing.
Although I had already suffered for 6 years before hand - the doctors report said I was ok to work ( I seriously wasn't)...... se only spoke to me for a few minutes and I didnt feel I had the chance to say what I wanted to.

Anyway I appealed and the DSS said no I they would not change their decision so I took it to the indepentant tribunal ..... with the evident of my own GP and my statement I won the appeal and my benefits and the back pay was reinstated. I did not attend the appeal as my agrophobia and panic attacks were so bad and the hearing was nearly 50 miles away,
I think it would be better for you to go .... I personally worte them a long and detailed letter so I could get my side of things to be heard,

These independant tribunals are a good thing. I would advise anyone who has benefit denied when it is genuinely needed to appeal and appeal with the independant ribunal which you are offered....... don't be disheartened .....if you genuinely should have it and you feel the medical examination was unfair, you will get it.

Good Luck

hope_and_pray

Thank you JULES for the advice......

Its just the way the DM's turn people with valid claims down its really off putting and makes you feel like a liar!:mad:

With a condition like Rheumatoid Arthritis you would think that they would understand how it can affect my day to day activities and mobility.....

I really hope that i win the appeal cos were living of pennies at the moment and i really would like my hubby to get back into work and a full time carere for myself.

Brokenntried

Well, as my user name states,I am Broken and god I really have tried!

I have my Tribunal Appeal coming up on the 16th.

I was refused as they said nothing was wrong with me at all!!!!! I seriously broke down.
For 14 years plus I have suffered with back pain. This has gotten worse and added to with a huge list of other things.
8 years ago I was Diagnosed with FMS.

My list of conditions is long.

Fibromyalgia which involves Exhaustion, Muscle Tremmors, Brain Fog, Reynalds (which is very bad), Athritus, IBS.
I have 2 ripped ligaments in my right Ankle due to a riding accident at 17. At 15 I was in a car accident which left me with a muscle Neucrosis in my Right Ililac crest (just above my hip) which caused me to walk with a limp.
My back became increasing painfull after having children (who are now almost 9 and 7) I have never had a dr who had listened to me at all, in fact nearly all saying it was 'all in my head'

My new Dr, who I got on moving areas, has helped me loads. I broke down and by pure chance I was given him as the only Dr who was available. Turned out to be the best Dr I have known. He was horrified that just on looking at me, he could clearly see things. Like my Reynalds and twisted knuckles. Non of this was in my notes at all. He made changes. He said, 'I know that Dr's have clearly messed you around, but please let me help you. It will mean doing tests again. But I am determined to help you find the answer.'
He has even been a rock when I have been at my lowest points.
At my 1st incap medical, it was also discovered I have a heart condition, the same one which killed my dad, his dad, sister and now seriously effecting his 1 surviving brother who has had heart surgery. Had checks on this and I have a deformed rib cage which they say is the reason for my iregular heart rate and dizzy spells/Blackouts.
I finally got an MRI scan after he reffered me to hospital. The consultant was very relutant to do anything, kept harping on about my FMS and it'll all be that. I kicked off, I am sick to death of this answer from dr's. Told him he was copping out and demanded an MRI scan, he said it wouldn't show anything, I said well, do the scan first cause he wasn't superman and since he didn't have xray eyes I didn't trust his answer. Finally He agreed to send me.

Low and behold, When he got the results he had to write me a letter.
The first line being. 'I am so sorry to say.....'

Turns out I have Degenerative Disc Disease, so advanced that no Surgical Procedure can help. All I can have now is painkillers.

I got my results while my claim was in place, and as it says 'Any changes, please let us know.' I did.

They haven't taken any of this or anything else, into account.

Having been treated so badly by the NHS over the whole of my life, I can honestly say, that them saying that I was fit and healthy was more than a kick in the guts. I seriously wanted to end it.
I have waited over a year now just to get to the appeal date. In this time I have had a medical with DWP for my Incap and for some strange reason, I am completely knackered enough for that. And the Dr at the medical actually saying that I would only get worse after I said I had hope with medical advances and such. He said if I could live another 100 years then maybe, but as it was there was no hope.
I also have Autism, this has only become apparent as my 7 yr old is Autistic. Currently going through the slow process of this now with me. Was hard enough with my son as it was and I feel adults are treated far worse in getting an answer with this.

I am on painkillers to keep me in a bareable pain level, and believe me, I have a very high pain threshold, I have had to have, otherwise I would not be able to care for my children, hubby HAS to work, we have no choice in this.

I have my Consultant letters, my Incap medical letters saying that I pass all their boxes for being 'ill'. So how come not the DWP'S boxes for DLA?

Painkillers I am now on are the Fentanyl Transdermal Patches 50mg/h. These I top up with Oxycontin. I am still in pain but with ahving a 7yr old with Autism, I can't go higher as it would leave me a dribbling mess.

I have spent my entire adult life on painkillers. Been drugged up by dr's on anti depressants which I turned out to have a huge reaction to all forms of. And I mean Huge. They actually make me suicidal and aggressive. I now have a flashing red warning on my dr's notes so that no Dr ever gives them me again, in whatever gise. With FMS they will ALWAYS push antid's, claiming they help the painkillers work. I only ahve to take one for the reaction to be immense.

Please. How do I get all this across in Tribunal, without totally breaking down? I am feeling suicidal at the encroching date of the tribunal on the 16th of Septemer. Been over a year since I sent the dla Forms in. Did everything right. But they ignored EVERYTHING on it.

I was also told that DLA workers get bonuses on the amount fo people they turn down! Surely this is just sick? I actually begged for them to send me for a medical for the DLA! But no, I was refused!
How, when I have so much evidence, have medicals on the incap side which say I am totally unfit to work and will never be able to work nor get any better, in fact just get worse. How can they say I am at no risk of injury? When I have fallen so many times and am covered in bruises because of this.

I feel I am being punished for being in pain and not being able to fix it.
I have been to uni, I had a fantastic job in which I was promoted within 6 months from assistant to Manager. I earned more than my hubby, I was proud. Now, I couldn't even do a basic job due to the pain and suffering it would cause. Day to day life is about all I can cope with and I force myself to do stuff so that my kids don't suffer too greatly with ahving a mum who can not do anything near enough for them.
I am not some scrounger wanting handouts. I just want to be seen as actually broken and not faking it. I miss being able to work, I miss my life and it was only a short time of it that I was fit enough to do anything. I'm 33 and have been on the scrap heap since 24.
I was hoping that with a doctor who not only believed how much pain I am in, but has proved that there is a cause of it in that my spine is Crumbling.
Please, someone, anyone. Please say that there is light at the end of this, because I really feel that another knock back will be the last one I can take.

Benefits_Bod

Just to add another voice to all the posters strongly recommending you get representation if at all possible. The figures cited by the poster relating to the huge difference in Tribunal success for those represented against those not are broadly correct - your chances more or less double.

Why is there such a huge difference? Simple. Most DWP decision makers are not expert in their own field. Social Security law is horrendously complicated. Just one apparently innocuous point can make the difference between the letter of the law being satisfied or not. If DWP staff (generally) have knowledge gaps, how on earth can the vast majority of claimants be expected to know any better? They can't, hence the usefulness of a (competent) welfare rights advisor in order to bring matters to the attention of a Tribunal that the DWP has overlooked and which the the claimant simply didn't know or realise were relevant.

GlasweJen

Brokenntired, no offence but how was that helping the OP? If you need advice then please ask for it in your own thread and if you just want a rant then there's a board for that. OP has asked for advice in this thread and it isn't fair for you to railroad it with your rants about the NHS/DWP.

joanne_d_3

GlasweJen wrote: »

Brokenntired, no offence but how was that helping the OP? If you need advice then please ask for it in your own thread and if you just want a rant then there's a board for that. OP has asked for advice in this thread and it isn't fair for you to railroad it with your rants about the NHS/DWP.

A bit harsh dont you think ?

The op's post is 3.5 years old so i honestly dont think she will still be following the thread , do you ?

GlasweJen - maybe you should have checked the date on the op before you posted ?


Brokenntired , i am sorry for everything you are going through right now . Someone with knowledge will be along to give you advice soon.

Joanne x

joanne_d_3

The op hasnt been on the boards since 17th May 2007 .Cant see brokenntired's post bothering her !

GlasweJen

Lol Joanne, did you really need to post that twice?

And no I didn't check the date on the OP, I never assume that posts near the top have been bumped by people who troll through 2-3 year old threads to resurrect them.

joanne_d_3

GlasweJen wrote: »

Lol Joanne, did you really need to post that twice?

And no I didn't check the date on the OP, I never assume that posts near the top have been bumped by people who troll through 2-3 year old threads to resurrect them.

Post what twice ? Cant see ANYTHING duplicated in the posts ?

GlasweJen

joanne_d wrote: »

The op's post is 3.5 years old so i honestly dont think she will still be following the thread , do you ?

Joanne x

joanne_d wrote: »

The op hasnt been on the boards since 17th May 2007 .Cant see brokenntired's post bothering her !

I understood the message in your first post.