Attn : rogerblack, and others

dazza-mac

seriously though, what am i expected to do at this tribunal.

I'm doing my best to try and go prepared but I'm just getting more and more confused. i don't want to just turn up on the day. I NEED TO BE PREPARED! But I don't know what to do.

There is no DIAL centre where i live ( I don't even know what that is) i couldn't get in to see anyone at a disability centre. I've only managed to see a CAB rep who didn't have my papers and has not responded to my phonecall.

I'm desperate, I am literally cracking up. I'm constantly crying, can't sleep don't know what to do. I've not slept in weeks and am desperate for some advice about what to do on the day.

It's no good asking me to get to a disability centre. I can't get an appointment as they're inundated. therefore it's all down to me on the day - but how do i best prepare myself

Cpt.Scarlet

The following might help

http://www.disabilityrightsuk.org/f36.htm

sunnyone

dazza-mac wrote: »

seriously though, what am i expected to do at this tribunal.

I'm doing my best to try and go prepared but I'm just getting more and more confused. i don't want to just turn up on the day. I NEED TO BE PREPARED! But I don't know what to do.

There is no DIAL centre where i live ( I don't even know what that is) i couldn't get in to see anyone at a disability centre. I've only managed to see a CAB rep who didn't have my papers and has not responded to my phonecall.

I'm desperate, I am literally cracking up. I'm constantly crying, can't sleep don't know what to do. I've not slept in weeks and am desperate for some advice about what to do on the day.

It's no good asking me to get to a disability centre. I can't get an appointment as they're inundated. therefore it's all down to me on the day - but how do i best prepare myself

DAIL wouldnt help you as you have savings, they turn away people who are not entitled to legal aid now as that's how they get paid since local councils etc. stopped funding them.

Why are you getting so worked up to the point of making yourself ill worrying about your appeal?

Seriously it isnt worth it, you have had plenty of help via this site and at least one other site Ive seen you on and you have had numerous links posted to the support group criteria and frankly from the information you have posted you dont fufil any of the clearly defined criteria, so you are hanging your hat on the desperation criteria that every single person who loses ESA relies on.

All you can do is ask your docs/other professional people involved in your care for evidence to back that up at your appeal, thats what you need to concentrate on.

I was in a very bad accident and I got compensation for that accident, at the time it was assumed I would get IVB for life (and I even have that it writing from the DSS as it was then but its worth nothing now because the law has been changed so me being classed as totally disabled for life by them is as much use as my DLA lifetime award) and this was also taken into consideration when my loss of earnings was calculated (my damages were less because of this but there is nothing that can be done about that now as it was in full and final settlement) but I still got loss of earnings and if my benefits stop I will use that money to live on, then we will use our savings to live on until we are able to claim income based sickness benefits, life will go on just the same wether we live on our money or our ESA, the only diffrence will be in our bank statements because we dont live a extravigant life because we are too sick to do that!

dazza-mac

sunnyone wrote: »

Why are you getting so worked up to the point of making yourself ill worrying about your appeal?

Seriously it isnt worth it, you have had plenty of help via this site and at least one other site Ive seen you on and you have had numerous links posted to the support group criteria and frankly from the information you have posted you dont fufil any of the clearly defined criteria, so you are hanging your hat on the desperation criteria that every single person who loses ESA relies on.

It's easy to say don't get worked up, it's not worth it. I say that to myself every day - doesn't work. Regarding help. Yes I've had a lot of response. I know what the support group criteria is (thanks to who posted that) but that is not the issue. I'm worried about how to prepare myself for the tribunal. Maybe you're more cool, level headed than I am - good luck to you. It's not one size fits all unfortunately. Quite frankly I feel that it is a perfectly reasonable thing to feel extremely nervous - as a lot of other people on this site have been.

Regarding me fitting the criteria - I believe I do fit into at least one of the support group criteria - more in fact. The problem is a lot of us fit the criteria but we still read about people not getting the correct decision. If you have read all my posts regarding my health then I beg to differ on your opinion. I believe I definately fit into the 'mobilising' one.

I'm very sorry if you disagree, but I suppose we're all entitled to our opinions

sunnyone

dazza-mac wrote: »

sunnyone wrote: »

Why are you getting so worked up to the point of making yourself ill worrying about your appeal?

Seriously it isnt worth it, you have had plenty of help via this site and at least one other site Ive seen you on and you have had numerous links posted to the support group criteria and frankly from the information you have posted you dont fufil any of the clearly defined criteria, so you are hanging your hat on the desperation criteria that every single person who loses ESA relies on.

It's easy to say don't get worked up, it's not worth it. I say that to myself every day - doesn't work. Regarding help. Yes I've had a lot of response. I know what the support group criteria is (thanks to who posted that) but that is not the issue. I'm worried about how to prepare myself for the tribunal. Maybe you're more cool, level headed than I am - good luck to you. It's not one size fits all unfortunately. Quite frankly I feel that it is a perfectly reasonable thing to feel extremely nervous - as a lot of other people on this site have been.

Regarding me fitting the criteria - I believe I do fit into at least one of the support group criteria - more in fact. The problem is a lot of us fit the criteria but we still read about people not getting the correct decision. If you have read all my posts regarding my health then I beg to differ on your opinion. I believe I definately fit into the 'mobilising' one.

I'm very sorry if you disagree, but I suppose we're all entitled to our opinions

I learnt a long time ago to worry about the things I can change and to concentrate on changing those rather than worrying about the things I cant do anything about, thats why I concentrated on collectiong evidence to accompany my ES50 so I was placed directly into the support group without a face to face assessment.

You dont fit the mobilising criteria, its a harder criteria than for HRM and unless you have severe upper body problems you can wheel a manual wheelchair the very short distance needed to "pass" the mobilisation criteria for the support group and from your posts you believe you fulfil this criteria because you dont have a wheelchair and have never tried one when in fact that goes against you, not for you! You have had time to collect evidence to support your claim that you fulfil this criteria, what do you have so far?

I fulfilled this criteria, I had a report from my wheelchair therapist stateing Im unable to self propel a manual wheelchair which is why the NHS provides me with a powerchair and they accepted this evidence and thats one of the reasons Im in the support group according to my paperwork.

What evidence do you have for your appeal so far, for all the criteria you believe that you fulfil? Do you have hospital reports? Social services/OT reports etc.?

Do you get copies of all corrispondance sent to your GP from the various NHS services/other therapies you use? Its free and the easiest way to collect the evidence needed for for ESA/DLA/PIP claims and for the various people involved in your care to keep abreast of each other.

Coccydynia seems to be your main condition from your posts and it is extremly painful, my coccyx was crushed in the accident (as was my lower spine and pelvis) and it has healed in about the worst position it could have so I understand the condition and the lack of treatment apart from pain relief.

wouldbeqaulitymoneysaver

What frightens me is how often the Govt tinkers with the Law as it does with Tax for the wealthy. From Legislation my Iphone app.
I have quite a few pieces of Legislation to download to my Evernote and learn to read at leisure.
Re overwhelmed person re Regulations. I am not a lawyer but law books and books by lawyers are proving most interesting and relevant/
Try Memoirs of a Radical Lawyer Michael Mansfield QC.
Law Helena Kennedy QC a mighty woman.
Baby barrista books about trainee barristers, all gist to the mill.
Through my legal reading so far I have discovered that Judical Reviews are good, and that the Rule of the Law is good. My feeble words not doing any justice to my reading so far.

dazza-mac

sunnyone wrote: »

dazza-mac wrote: »

What evidence do you have for your appeal so far, for all the criteria you believe that you fulfil? Do you have hospital reports? Social services/OT reports etc.?

Do you get copies of all corrispondance sent to your GP from the various NHS services/other therapies you use? Its free and the easiest way to collect the evidence needed for for ESA/DLA/PIP claims and for the various people involved in your care to keep abreast of each other.

Coccydynia seems to be your main condition from your posts and it is extremly painful, my coccyx was crushed in the accident (as was my lower spine and pelvis) and it has healed in about the worst position it could have so I understand the condition and the lack of treatment apart from pain relief.

Yes I do get copies of all appointments. Unfortunately a lot of them do not state what I said, therefore I have not included many. I realise I could add a note to dispute any discrepancies but from experience I didn't have any faith that would suffice. The reason for this is because years ago during a medical for my back I stated I'd been in pain for 6 months (was assaulted 6 months previously). years later, as this was before patients had easy access to notes, I found that the specialist had said I'd been in pain for 6 years! No-one ever contacted me to query this and give me the chance to dispute it. It seems that the specialist was instantly believed and it caused me a lot of problems. I had to get access to my notes, then have the specialists report typed out as it was illegible - and I found that there were 4 other errors.

The frustrating thing was that all these 'facts' could've and should've been investigated (after all it could have proved I was a liar) - but nothing was done and it affected my benefit claim for a long time. I eventually went to a tribunal and proved that the specialist was incorrect. I then had to go to my gp and inform him of this. He then put it on my notes.

Going by the many comments on this site about people having been placed in the wrong group (in their view) based on inaccurate information when they have provided other accounts to the contrary - made me hesitant to include anything that was incorrect.

I had a bad flare up and told the pain clinic my lower back flare ups can last anything from a couple of days to a couple of weeks. She put down that my flare ups can last a couple of days. I'd already had the flare up for 4 days when I saw her.
And there are many more inaccuracies that I feel the dwp will leap on and use to their benefit.

In the time between filling in my esa50 and going to appeal it has not been easy to get any evidence. I'm currently fighting the local pct for funding for treatment reccomended by the pain clinic, which means I only get appoinments 5 and 6 months apart and they do nothing as they're waiting to see about this funding issue.

I dispute the mobilising issue not just because I get mobility supplement for my foot problems, but for the combined pain and difficulty due to feet, back, coccyx, arthritis in hips, neck, wrist and hands, and fibromyalgia - which if anyone has it knows that it's a horrible condition where no two days are the same. You can be in terrrible pain with your knees and think they're going to crumble, then days later that eases and it's the same with your shoulders, hips etc. Then there's the fatigue element. It's a nightmare, and I beleive I should be placed in the support group as that is just some of the problems listed. Computer is about to go off so I'll have to sign off

GMbabies

It looks like hardly anyone is going to pass at enhanced rate which is necessary to qualify for mobility scheme and those with scooter or wheelchair has 7 days to hand it back. Under current rules Motability customers cannot keep their cars whilst awaiting the outcome of an appeal against their PIP award.


http://www.dwp.gov.uk/docs/pip-second-draft-assessment-criteria-note.pdf

Have a read through the case studies
http://www.dwp.gov.uk/docs/pip-assessment-thresholds-and-consultation.pdf

wouldbeqaulitymoneysaver

It's all very depressing as the DWP keeps moving the Goal Posts thanks to miseryguts authoritarian and thoroughly nasty Grayling.

CTcelt1988

GMbabies wrote: »

It looks like hardly anyone is going to pass at enhanced rate which is necessary to qualify for mobility scheme and those with scooter or wheelchair has 7 days to hand it back. Under current rules Motability customers cannot keep their cars whilst awaiting the outcome of an appeal against their PIP award.


http://www.dwp.gov.uk/docs/pip-second-draft-assessment-criteria-note.pdf

Have a read through the case studies
http://www.dwp.gov.uk/docs/pip-assessment-thresholds-and-consultation.pdf

They are out of date, here is the new consultation criteria http://www.dwp.gov.uk/docs/pip-assessment-thresholds-and-consultation-response.pdf