I am facing a 2nd tribunal for my application for DLA. I applied in April and I have been waiting ever since. I am told it will be in the next 4 weeks. I do not understand why it has taken them so long to sort this out. In the meantime my medical condition has changed and it is far worse today than it was months ago.

From the point of view of the DWP I have overexagerated my claim and they don't believe how ill and how the illnesses affect my day to day life. I have provided them with photgraphic eveidence of my hands which are swollen and sore due to diabetic neuropathy. I have sent photos of my face after I blacked out and fell of my bed. I had a black eye and swollen cheek bone. I have had an assessmkent from an Occupational Therapist who has had a bath chair installed, a commode for downstairs a I cannot clime the stiars in time to go to the toilet. I have had hand rails fitted to help me up the stairs. She has also ordered me a wheelchair as I get tired, breahless and have chest pains at slight exertion. She has also commented on my mobility climbing the stairs. All of this eveidence has been accepted but they say that it is not enough to warrant DLA. I have also had a mental health consultation and they have also sent the DLA a ltter. They say I am suffering from stress related depression and have advised that I have further counselling.

This is a list of my illnesses - Diabetes, Diabetic Retinopathy with reduced peripheral vision in both eyes, due to this I am unable to see what is coming from the far left or right. since I have had surgery to my eyes my pupil no longer reacts to light and is permenantly open. This causes discomfort whilst outside. I struggle with recognition of people, I am unable to tell the difference between coins and have to ask for help. I no longer go out on my own due to my eyesight. I have diabetic neuropathy in my hands - my hands are painful and swollen. Aortic Stenosis, Angina, causes me to be breathless moving from room to room is very difficult. Breathing problems on exertion, can no longer do any household chores including cooking. Bowel disease caused by radiation overdose - symptoms similar to IBS have days of severe bouwts. I feel depressed as if I have lost my previous life.

I am beisde myself with the stress of all of this. I know how much this affected my life an yet they just won't listen to me. I have to ask my family to help me get dressed, wash my hair, be with me when I leave myhome. My Doctor has done very little to help me and it seems that my word counts for nothing and because she has failed me I will yet again not get this benefit. I have asked for a medical from a DWP dr and they have said that they have enough evidence so a medical is not needed. But what I say is being dismissed because my Dr has not backed my application Yet an occupational therapist has. I feel that no matter how many times I apply or tribunals I attend it will always be I don't get it. Does any one have any advice.

My last tribunal which was march 2011 I losy because of the same thing no matter what I told them they just wouldn't take my word. They accused me of exageration of my claim. I have complained about the handling of my case but that has come upagainst many doors slamming shut. My local MP has been involved but he says he can't do much to help when a decision is made. I am of isck living of sick pay, the DLA would help us to just manage. I challenged them to spend the day with me but they declinned. A very close friend of mine works at the DWP and she knows how much this is affecting my life but she can't do athing about it. She has witnessed the breathing problems the difficulties I have in walking, how much my family now have to care for me. But she is not able to help. God knows what I will do if I loose this tribunal again. I will just have to go back to work.

Even though I am not fit!!!

I'm a bit confused as to the link between you going back to work and getting DLA. DLA is not linked to work at all, that is ESA. It does sound as if you do not have sufficient evidence of your need for care or mobility issues. Have you got an advocate going with you to the Tribunal?

If I can't get DLA to subsidise my SSP or ESA then I may a well go back to work despite not being fit to work. I thought DLA was supposed to be there for people with disabilities whic I believe I do have. What more evidence can I send, to them to prove my disabilities? I have a useless GP so I can't rely on her. I have an OT, photographs of my hands, the application I filled in which was done with the help of a member of the CAB. Regarding the advocate I can no longer use the CAB a it is rarely open and I can't get hold of them for an appointment. o who else can I ask?

DLA is for people who due to disability have care and /or mobility needs. You have to prove the needs - not the disability.

DLA is for people who due to disability have care and /or mobility needs. You have to prove the needs - not the disability.

And you can still claim/receive DLA if your working.

I understand that it is not jut the disability but the care and mobility issues. I haven't listed them all but I can. Regarding working I have been told that I am not fit for work by my GP. But because of not being able to get the DLA I will have no alternative but to go back to work.

Need help with getting dressed, tying laces, fastening buttons. I need help to wash my body and hair even help with shaving my legs. I have a bath seat because I do not have the strength to lift myself in and out of the bath. I need help with doemstic chores. I can no longer cook or prepare a proper meal. My husband and sonj make me breakfast before they go to work/college. Ny daughter calls at 12.30 to fixme my ,unch. My husband or son cook the evening meal depending who get home soonest. I am unble to peel vegetables, and strugg;e to give myself my own insulin. My hands are swollen and sore which means I am constantly in pain. I have a commode because I can no longer get up the stairs without wetting myself.

I can walk less than 50 yards without feeling breathless, chest pains, exhaustion. I am constantly tired. I have to wait for a member of my family to take me out of the house bcause I struggle with my sight. I am not confident in place I do not know.

My application was filled in with a person from the CAB, We filled it in fully with all deatils of my mobility issues and care needs. I had an Occupational Therapist that came to my home and she spent over an holurs with me and she advised me that she believes I should be entitled to get the benefit.

I asked for advice on what more I should do. But I hae been made to feel that I am applying for DLA when I shouldn't. I just want to know what more or who I can do. I have the disabilities, I have the care and mobility needs. I cannot believe I have never been examined by a DR from the DWP. Maybe if I had been examined by them I wouldn't feel so angry and frystrated.

http://www.actionforadvocacy.org.uk/

There is a link on the above page that says "find an advocate" where you should be able to find an advocacy service.

Domestic chores don't count for DLA.

I think you are missing the issue and raising petty sentences. Its not just about doemtsic chores. I want help and advise not someone who is just picking bits out of my post. You don't know me and you don't live my life. I am in my home 24/7 because I am to ill to go anywhere. I have mobility problems and need care from my family and friends. I suffer from depression and feel that I have losy almost everything that was good about my life. Your comments aren't helping me so I would appreciate it if you would back of unless you want to spen the day with me? then you can help me get dressed in the morning cook me a few meals. Take me into town to see my doctor. No I guesse you won't want to. So please constructive advise would be nice.

I came home from yesterday after 8 days in hospital because my liver in enlarged and they don't know why. I had to sit and listen to a women in the hospital whois a drug addict and on methadone and she is an alcholic brag how she gets the full DLA because of her addiction. How can that be fair - I am ill through no fault of my own and I am having to fight every step of the way to get a benefit that I feel I am entitled to.

To Feelingsad - thank you I have found an advocacy in the next nearest town. I spoke tothem on the phone and they want me to email as much detail as possible. Tanx again.

There is NO need to be so bloody rude. I was going to help you. Don't see why I should bother now.

Lainey, good luck with the advocacy, hope it helps. I had an advocate come with me to my Tribunal and it definitely helped me. Wrt to the lady with addictions, additions such as that are part of a mental illness, hence alcoholics being treated by the Psychiatric teams and are as entitled to help and support as are others. Sad though that is, most don't want to be addicted or alcohol/drug dependent and there is definitely a hereditory link so some are prone to it through their genes. However, I can understand your frustration if you feel you have the same care and mobility needs as her and yet have been denied.

It's a stressful time, and the benefits system (in all its Byzantine complexity) doesn't make life easy.

But ladies and gentlemen, let's keep things civil.

laineynic

A large amount of people on here are in the same boat as you I know i am any help that does not cost the earth should be appreciated people are just trying to help in anyway they can

When all of this DWP pap annoys me i go have a cup of tea and remember i am not the only one being screwd over it sometims helps

Nystamite/feelingsad have been very helpful to me and they don't know me from Adam/Eve so I am glad they decide to spend the time helping in anyway they can

Sarah

I apologise for loosing it with you Nystagmite. I am frustrated and angry with the whole damned system and I should appreciate you where trying to help me. The letter from the courts today just tipped me over the edge.

I am not trying to amke excuses but the last 2 weeks have been very traumatic. I have been in hospital because my liver is enlarged and they don't know why and cancerou cells have hown on a hormone test for ovarian cancer. Having this and the DLA issues is proving just to much for me to deal with. Sorry.

Hi, as your GP is not very supportive, do you have a hospital consultant who will write you a letter of support?

Can you not change to another GP ? I find it strange that your's wont support your claim, sparky's suggestion of a hospital consultant is a good one. I cant quite understand your comment about going back to work though, if you are too ill to work then you are too ill to work if you can go back to work if you dont get DLA then you arnt too ill to work. I know you are angry but I think you need to be a bit careful in what you say its ok on here because you are annonymous but if you say it to a tribunial or your GP etc etc it would not look good. i dont think an occ therapists view would be sufficient you do really need a Dr.

Can you not change to another GP ? I find it strange that your's wont support your claim,

Agreed. My GP (I say that, I don't actually have one any more; but do see her from time to time) has said she'll support me with this. Except, I don't have the energy to deal with this any more because ironically, I'm too ill.

I think the fundamental issue with the DWP now is by default it doesnt trust claimants. There seems to be an assumption they lieing unless strong evidence is provided.

I am about to claim DLA again myself or at least try to, I expect to be turned down, although I think I am entitled to it based on my judgement of my health.

Last time I was turned down without even a medical which at least with IB people have a medical first before they get told they not sick enough.

Now I dont know if this lack of trust issue is down to a DWP policy from the top or DWP staff themselves simply been brainwashed by porpoganda and annoyed with the 'few' that do fraud the system.

I think the fundamental issue with the DWP now is by default it doesnt trust claimants. There seems to be an assumption they lieing unless strong evidence is provided.

 

I am about to claim DLA again myself or at least try to, I expect to be turned down, although I think I am entitled to it based on my judgement of my health.

 

Last time I was turned down without even a medical which at least with IB people have a medical first before they get told they not sick enough.

 

Now I dont know if this lack of trust issue is down to a DWP policy from the top or DWP staff themselves simply been brainwashed by porpoganda and annoyed with the 'few' that do fraud the system.

DWP's own figures say disability fraud accounts for less than 0.5%. The govt's target is to cut 20% of DLA. Conclusion: approx 19.5% of claimants who DO need it, who SHOULD get it, will lose it anyway.

Welcome to UK 2012.

My GP is retiring in the next 2 weeks, I met the new GP who is taking over from her yesterday. I haven't been given another date yet, but they have advised me I cannot add any new eveidence to the claim. My Cardithercic Surgeon wrote to the Tribunal for me giving a full description of my current medical problem. The Judges response was "We received a statement from your consultant Mr **** in which he decribes your heart condition has as being moderate - to poor. He has also advised us that you are not fit to work. Whilst we accept Mr **** statement he has not stated how you condition affact your every day lif. If you are basing your claim on being unfit for work, Then you do not meet the DLA criteria" I have to face this judge at my tribunal where I think they have already made their mind up. Another leytter received from the tribunal was regarding a regisyered nurse looking at my claim again. The report was hand written - I couldn't read their writing because of my eye sight and my husband or my daughter couldn't read it either. So I asked if it could be typed for me the response to this was " Today I got a district judge to read document 76, they found the documant to be eligible. However due to your sight issues I have requested that it be typed foryou" I am still waiting and that was 4 weeks ago.

I rang the OT today to ask her if her statement and care plan could be used as evidence - she told me she had received a form to fill in from the DWP regarding the DLA which she had completed and returned. She sid he had done a number of reports for clients lately due to the stricter rules on claiming. She was pretty disgusted that I was still battling to get it.I also feel like saying i it really worth all this stress, should I just hang up my towel and forget it.Then I think of climbing the stairs and how difficult it is for me and that makes me think again.

"Nothing to do with trust, they have quotas too and as the govt said they want to cut 20% of the DLA budget, doesn't take Brain of Britain to work out that they'll pick on the least able to defend themselves". I heard about the quotas from a friend. I must fall into that 20%

I've never heard of Judges writing to you back and forth regarding evidence. I'd thought the Tribunal panel read all evidence on the actual Tribunal day before you sit before them so they are fully prepared to ask you relevant questions, but otherwise aren't involved before that day. Only the clerk at the Tribunal service who takes in evidence you send them but they aren't involved in questions or anything. I thought the DWP were involved in the initial decision plus then they reconsider before it goes to Tribunal but they are not Judges. Please can you explain who the Judges are that you are writing to and who are writing to you right now?

I do not believe that the DWP have a quota to knock off 20% of DLA claimants, I think that is being confused with the reason for ending DLA and creating PIP is to save 20% of the DLA budget so the PIP criteria is obviously set far higher and many DLA claimants will not therefore be eligible for PIP. Pointless then for the DWP to be trying to knock off 20% of current DLA claimants when PIP will do that work for them from 2013 which is a stones throw away.

I received a document called a Direction Notice this was from E R**** the Tribunal Judge. I responded to the Judge by letter. I then received a further notice to say that no further evidence could be submitted. On the 2nd Mrch 2012 I was due to have a hearing with E R**** Tribunal Judge, A S**** and Dr Mc***** - - Who was my oncologist when I had Hodgkins Disease. On the morning of the Tribunal we received a call from the clerk who said that Dr Mc****** was unable to hear the case as he knew me so they postponed it. Also as I was in hospital they felt it would not be able to go ahead. I can't comment on whether a this is correct for a Judge to communicate I can only go on what has happened to me. The Judge is obviously aware of the situation as several notices I have received has their name on it.

I do not believe that the DWP have a quota to knock off 20% of DLA claimants, I think that is being confused with the reason for ending DLA and creating PIP is to save 20% of the DLA budget so the PIP criteria is obviously set far higher and many DLA claimants will not therefore be eligible for PIP. Pointless then for the DWP to be trying to knock off 20% of current DLA claimants when PIP will do that work for them from 2013 which is a stones throw away.

The rollover to PIP will be gradual, with over 500 000 people to be re-assessed starting in Sept 2013, so on the contrary, it is perfectly logical to expect them to already start weeding cases. Besides, it's not a guess, there are plenty of whistleblowers from the DWP, and plenty of memos being leaked to show that it is happening. Even the new DLA forms, whilst supposedly making it easy to fill in, are already doing the job or removing points from claimants by just phrasing things differently.

Whilst we accept Mr **** statement he has not stated how you condition affact your every day lif. If you are basing your claim on being unfit for work, Then you do not meet the DLA criteria" I have to face this judge at my tribunal where I think they have already made their mind up.

DLA is *not* an out-of-work benefit. It's there to help leveling the field for disabled people, giving them that extra cash, being being disabled, quite simply, costs more than being not disabled.

So if you're basing your claim on being unfit for work, then the judge is quite correct, your claim must fail. What you need to show is in what way your disability affects you in day-to-day living and moving, stops you from accessing "normal" activities, costs you more (carers, aids, special equipment or diet, etc).