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meade2020

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  1. I have just googled Agoraphobic and it has just described me to a T, iv had it my entire life pretty much and i always just thought i was weak and scared and shy and that i was just weird, i think mine stated from bullying at school i was made to feel the od one oout and insecure like i didnt fit in and my entire life i have felt like people look at me and think the same thing smoking canabis has made it worse, i do already get high rate moblity DLA because i have a physical disablity to and i need a hip replacement which i have canceded due to my axierty i cant face going into hospital!
  2. hi honeybee, its due to my anxiety that i have not really talked to my gp about this BUT a couple of years ago i had a really really bad panic attack, i thought i was dying i went straight to my gp surgery and got an emergency appointment with my gp who referred me to consling but again i could not face going because of my anxiety, also the last time i went to see my gp regarding my physical health, my partner mentiond to my gp that she was worried about my mental health and he prescribed me some anti depressants, my axiety its self hold me back talking about this to my gp and i would assume the basis of the decsion would be on the ATOS medical they would no doubt give me,
  3. I have suffred from axiety and paranoia since i can ever remember, and it has become normal to me i also have physical disablites which dont help but today is the 1st time i have really looked at the metal heath side of esa and i noticed a few things that effect me! The main one being, going out. I can not go out the house without overwhelming feeling of anxiety and paranoia, most of the time it is so bad that i can simply not face going out at all. but on the days i can mange to go out which is VERY rare i can not go out without sever gaiety and panic attacks, would this be classed as not been able to go out if i can only go out with extreme axierty paranoia and panic?
  4. 10 months in wating for a tribunal date i get a letter from the DWP stating they have decided to change their decsion, from LRC to HRM AND LRC while im feeling very relived and i am extremely great full i truly believe that i meet the criteria for high rate care and i believe they have kind of offered me this award 10 months into the appeal process because they believe i would win the appeal. I am very aware that if i appeal once again against this decision i risk loosing everything but i don't feel i could live with my self if i accept this and let them win! Im not greedy at all i am very great full for the financial help DLA offers but like i say i truly believe i am entitled to high rate care. I am currently awaiting hip replacement surgery i am in sheer agony when trying to dress,wash my self etc and im struggling alone to do these things. I feel personally insulted and extremely angry to read their letter that states i do not need help with such things. i know the extent of the pain and difficulties i have with self care needs and for somebody to say i don't have them just like that is hard to take in. Im feeling mixed emotions now im very pleased they have changed the award but i feel like its still not over i am not sure what to do next, they changed the decision with no information about me now being placed on the waiting list for hip replacement surgery i have a new report from my gp that talks about this, My heart is telling me to submit a change of circumstances due to a deterioration but with my past experiences with the DWP it would not surprise me if they decided to remove everything just for the hell of it and make me take it to appeal. I can not stress how great full i am i always count my blessings but from the bottom of my heart In all honestly i feel black mailed right now. one thing i would like to ask is can i get a statement of reasons without having to worry about them changing the decision again? The state although you have some difficulty with care needs you do not need help. Based on my consultants report that states i find it very difficulty to manage all of my care needs and based on the long letter i wrote explaining why the use of aids do not remove the difficulties and pain i would love to see a detailed reason from them explaining why they believe i do not require help. If i submit a change of circumstances and supply new evidence that shows a deterioration if they then decided to remove my award completely do they HAVE to show there was an improvement since last time or can they just blatantly lower the reward ie basically saying their last decision was wrong? The fact that i am scared to report a deterioration in my own heath says alot about the state of the current system
  5. Thanks lee 30 mins is roughly the amount of time it does take me to dress just my lower half which is what i wrote on my form also the act of getting dressed not only causes me agony at the time but it leaves me in pain for hours afterwards! how detailed does your evidence have to be? i cant see many gps writing huge long reports in similar detail to what i wrote in my claim form. My consultant wrote a report that explains my diagnosis, states i have deteriorating pain in my hip which effects walking and then explains that my condition makes it very difficult to get dressed, in and out of the bath/ bed etc. Is this enough information? or does the report need to also state how long it takes you to get dressed etc? i cant see consultants and gps writing such detailed reports i would assume that if they indicate your basic condition and difficulties so long as this is consistent with your claim form this should be enough? i explained in detail to my gp and consultant all my needs but they both wrote pretty short reports, i didn't want to complain and ask the to write more detailed ones. If for example i write down it takes me 30 mins to get dressed and i experience sever pain while doing so and it also leaves me in pain for hours after wards and my consultants report confirms hip pain and states that i find it very difficult to get dressed , can they still say you don't need that help without any other evidence that suggests i could do it without problems?
  6. This has just become apparent to me while going through all of my paperwork The DWP state in their submission that "medical evidence shows i should be able to manage most of my self care needs". thats the only reason they give in their submission for refusing care component Can anybody give me some facts of law here Am i correct in thinking the criteria is not weather you can "manage most of your self care needs" but weather you have difficulties and or pain doing them that counts? i was told that you don't have to receive any help at all there are plenty of disabled people who do "manage most of their self care needs" but they are reasonably required help? This report they refer to that they claim says i can manage most of my self care needs also says the following :Is able to manage stairs but with pain : sleeps poorly due to pain : bending down to put on socks and shoes usaly laces a problem : Always finds it difficult to bath due to bending problems : usually finds it difficult to dress bottom half socks shoes trousers due to bending problem. : Appeared to have slight difficulty sitting for 20 minuets but did not need to get up from chair : Had some difficulty rising from sitting in an upright chair but did not need physical assistance : Gait observed limping and found this consistent : Client can only sleep on right hip so will be in pain a couple of times during the night Am i seriously missing something here? the evidence they are trying to use against me clearly shows i have difficulties and pain with various self care needs? The evidence does indicate i could manage some self care but it clearly states i have difficulties while doing so and even pain weather i can "manage" most of my self care needs is surely irrelevant if i have difficulties and pain doing them which their evidence shows! Seriously am i missing something? lets not forget i also have NEW evidence that says my condition has deteriorated SINCE this old medical! to me this is riddiculous on so manny levels its making me think i must be missing some sort of point? i will be wrting another letter for the tribunal pointing all of this out can anybody give me any links to case law or definitions that say its not about if you can manage but if you have difficulties/pain? that would be a big help!
  7. Thanks now that would make sense, i have an up to date report dated over 12 months AFTER the old esa medical which states that the pain has increased in since i was reviews 12 months ago, and i have also have copys of prescriptions from when i have been prescribed stronger pain killers which is yet another indication that my condition has deteriorated not only does that imo say the old atos report should not be used but the new evidence also states that i do have pain when walking any distance at all and also confirms the care needs i have.
  8. Ok well i am aware the DWP can use what evidence they want but what about the tribunal? If they have 1 report that is 15 months old vs 2 new recent reports that state my pain has increased since the 15 month old report and also states that im in constant pain when walking and find it very difficult to get dressed put on socks and shoes get in and out of the bath as well as other activity's of daily living. Now if the tribunal decided i can walk without pain and dont have thoose difficulties getting dressed etc like my consultants report states, can they refer to the 15 month old report for the reasoning when new evidence suggested otherwise? To me common sense its self says that is wrong and you should go with the new evidence but after my experience with the DWP i have lost all faith in the system and its justice there is a massive lack of welfare rights in my aero my local cab has lost all funding from the goverment and is no longer alble to support appeals so im going this out alone im hoping somebody on here with knowledge of the laws can give their opinion on this situation its eating me up inside i have been worrying for the last 8 months its making me ill.
  9. This was the tribunal not the DWP? did 6 month old report state your condition was worse than the 3 year old one? if so then surely this is unlawfully plain wrong?
  10. One thing i would like to ask from those who know the law is for example.... In my claim form i stated i can not walk any distance at all due to the sever pain in my hip i can not bare any weight on it without sever pain. If the tribunal say actually you can walk x amount without sever discomfort there fore you don't meet the criteria, will they have to give an adequate explanation why they believe i can and does this have to be supported by evidence? because the only evidence in the appeal papers is this 15 month old at the time of the decision atos report, and then 2 reports from my gp and consultant which both say nothing but supportive things ie my gp states i am in pain at all times when walking not just after 50 meters my consultants report states that the pain has got worse since the esa report submitted by the dwp and also that my condition makes it very difficult for me to get dressed get in and out of the bath etc would it not be a error in law if the tribunal referred to a 15 month old medical report if new evidence i have submitted shows a deterioration in my condition since that report was compiled?
  11. Thanks for all the replys the one above was very helpfull indeed thank you very much i am still awating a date for my tribunal but i have submitted a letter stating that my new evidence that i have submited shows a deterioation on my health since the old esa report was done 15 months before this claim, my consultants report states i have deteroationg pain and that the pain has got worse in the last 12 months. so there fore any report conpiled over 12 months ago ie the atos report should not be used as new evidence shows a deterioration since then! My consultants report also states His left hip was extremely stiff and had flexion of just 80 degrees with no rotational movement what so ever which therefore makes it very difficult for him to get dressed put on socks and shoes get in and out of the bath as well as other activity's of daily living. It is likely that he will need a hip replacement but we are trying to delay this as long as possible as he is therefore having to cope as best he can with strong pain killers" I personaly think my evidence is pretty good but after my experience considering the DWP still choose to rely on a 15 month old report despite me submitting the new evidence makes me worry just how fair the tribunals actually are alot of people have told me that they are not biased like the DWP they are actualy fair and therefore should not put any weight on the old atos report. Im going to ask my gp to also write another report and hopefully get him to write about how the pain and extreme stiffness in my hip makes it very painful and difficult to get dressed etc as my consultants report stated. i just feel very awkward with my gp i dont find it easy to talk to him where as my consultant is very supportive and easy to talk to but im so determined to stand up for my self i will find the energy to do this.
  12. It dosent make sense to me either, im just hoping that tribunal will have the same understanding and realise that a 15 month old report simply can not be used as valuble evidence especialy as i have reported a deterioation.
  13. im not sure about any timelimits, i just dont see how they can use a 1.5 year old report over 2 new up to date reports that tell a diffrent story, its like they have choosen to use this old report over the new evidence just so they can refuse me IE they dont actualy care about my current state which is clear from my new evidence they where just intrested in using this old report to deniy me the benifit.
  14. Thank you this is making me feel ill with worry, i can not belive they have choose to use a 15 month old medical report of recent reports from my gp and consultant especialy as i reported a deterioation in my health
  15. I am desperately in need of some help. I suffered from pert hes disease as a child lived many years pain free but in the last 5 years my health has deteriorated to the point where i am in constant pain. I was awarded high rate mobility and high rate care for the last 4 previous years but this time when i renewed i was turned down.In my dla application i stated that i could not walk any distance at all without sever pain, and that i had difficulties with care needs etc. The case is now going to appeal, i have received the submission from the dwp which shows they have made their decision based on a 15 month old esa medical atos report. In my renewal i stated that my condition had worsened in the last 12 months,therefore any report compiled 15 months is totaly irrelevent. When i received the refusal they said i could walk over 50 meters, i promptly spoke with my gp who then wrote a letter confirming my diagnosis and stating, that i have a sever disabilty and that i was in constant pain when walking not just after 50 meters. My consultant also wrote a report, confirming i was under his treatment and that i had deteriorating pain, and that i have pain when walking he mentioned that when he last examined me in July 2010 my hip was extremely stiff with no rotational movement what so ever therefore making it difficult for him to get dressed, put on socks shoes and trousers and get in and out of the bath, he also noted that it is likey he will need a hip replacement. Regardless of what ever the esa medical contained, the fact that i reported deterioration in my health in the renewal which was 15 months after the esa medical how on earth can they use that as the determining evidence when they have those reports from my gp and consultant which clearly say i have pain at all times when walking and also talk about my care needs? They awarded me no mobility and low rate care, and in their submission they only reffer to the esa medical.
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