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About karen***

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  1. I had my appeal last Monday....I felt like I was being charged with murder they didn't give me chance to answer and it should have had a short break because I was confused and upset. My care worker and ex husband (who is my carer) came in for moral support and my care worker who has been to many appeals said it was a shambles. They rushed me and confused me. As you can probably guess my appeal failed. I was upset and angry and my care worker said that the 'gp' should have stopped it as they could see what they were doing to me. My care worker has now drafted a letter of complaint to the appeal tribunal. I know that they are only doing their job but it has taken from Monday to today (Friday) to recover from my ordeal. In my letter telling me that it did not go to upper as it would be heard again by 1st tier it stated that the previous WSR would be removed from my case paper, it wasn't the judge constantly referred to it throughout the appeal. What can I do now? I have already asked for a supersession on my new claim but this is making me ill I can't cope with it all.
  2. I currently live in a ground floor flat which is at least 6 miles away from the rest of my family. Due to my mental health and mobility issues (I currently receive DLA LRC & LRM) I only go out if it is for appointments (very rare) My ex husband looks after me ensuring that I take the correct medication and ensuring that I do not injure myself, he does all of my shopping, cleaning & cooking etc. He is not in the best of health due to looking after me and has said that he is going to have to stop taking care of me. He has no life himself and he worked out the other day that he walks on average 70 miles a week. I requested the council move me so that I can be closer to my family so they can ' share' taking care of me. I am currently in band 4 (Little or no housing need) I have sent in letters from my consultant, GP and psychiatrist but someone sat in an office has decided that they are more qualified to decide my needs. I have been given so much duff information including a home visit which I was told "everything we say here is the correct information", no it wasn't Their main reason for not rehousing is because I owe about £300 in rent which I have been paying off for well over a year (I have to pay some rent because I receive a pension from work,(I was medically retired)) I no longer have to pay council tax because of severe mental impairment. but CBL have not accepted this as a need!! I feel that every time I open 1 door someone slams another one in my face, my health is suffering and I struggle everyday thinking of reasons not to injure myself. What happened to care in the community?
  3. I did put a new claim in back in March, the reason they refused it was "Using the findings from my appeal in February" but this suited them if I win the appeal coming up will they award!! don't think so. Although the appeal in Feb. was to be removed for reassessment.
  4. Hi all hoping to get some advise, hope I am in right place. I had applied for DLA in 2011 because my mental health condition was getting worse and I was struggling to be mobile around the house. I also now suffer from agoraphobia. I had an appeal in February this year and failed it the woman was a right cow and gave the impression that I was lying to her, because I contradicted my walking distance, I can't remember what I did this morning never mind over a year ago. Anyway I requested a statement of reasons, I am glad I did because there in black and white was a number of matters that would have come under the 3rd tier on a matter of law. I wrote to the tribunal place to request that it went further on a matter of law. They wrote back with further matters of law but instead of going to the upper tier a new appeal would be heard as soon as possible. I had a letter last week giving me a date, 1st July, quickest one I have ever had. I need advise on how to manage this appeal, if they know I requested upper tier and they know the 'legal' woman would this be held against me. My condition is getting worse and will never get better and according to my psychiatrist it is getting worse faster than he expected. Sorry for drawing this out but I need help (CAB and welfare rights are taking no new appeals on)
  5. I took your advise and tried to re-apply for DLA i was told that unless i had a different diagnosis or my care needs had changed from when i originally applied (the one that was turned down) it would automatically be refused as there is an appeal outstanding on it. i received the paperwork that the tribunal has been waiting for since July it is 2 lines stating that they did not know that i had been medically retired, although i told them AND it is in my most recent claim form......Think i will just let the appeal go cos i feel that i am pi**ing in the wind.
  6. I finally got my date today 9th January, they waited 3 months for DLA to send them some information regarding my appeal but as it was only adjourned for GP reports what was the hold up. I am stressed, depressed and angry, which from past experience will worsen my condition. I decided to write to them to cancel my ESA appeal as you where right my disability will have changed, for the worse- my specialist told me this. Where do i go from here i dont feel that i will be able to go on for a further 3 months, bearing in find that i was told i should recieve a date sometime Sept-Oct. This has dragged on since 2009 would it be worth me applying for DLA again as obviously my condition has worsened since 2009. Any advise/help appreciated. x
  7. Your as confused as me. In total i have tried to cancel the ESA appeal, including when i was at the tribunal, 3times they advised to check with IB before i cancelled it. You would think that the amount of appeals and the length of wait people have they would have bitten my hand off when i wanted to cancel it. As for my disability it will get worse. i am already experiencing the effects that my specialist told me i would.
  8. Yes, basically that is what happened. But as i said i tried to cancel the ESA appeal as i was receiving IB after failing getting 0 points and after the appeal had 30. Those good old atos drs.
  9. I am currently still waiting for a new date for my adjourned DLA & ESA appeal. They wanted a copy of my medical records that they received in the middle of last month, they received limited information from DWP. I rang them today and they said they are STILL waiting for information from DWP they can't (or won't) tell me what this information is. I have rang, written and emailed various departments to try to chase up information ...DWP not helpful, i should know i worked for them for 8 years. Incapacity Benefit (which i won an appeal back in November) advised me that I do not have to have another medical for at least 3 years (part of the appeal won process??) The question i have is ......Should i continue with the ESA appeal, there seems no point as it will make no difference to my financial situation. I just feel that i am taking up time that could go to someone else, The tribunal told me in a letter that they have to set aside 1 hour for both appeals but i only really need the DLA one. When i received the first letter from appeals about my ESA appeal i rang both the tribunal and DWP to say that as i had won my IB appeal i did not want the ESA appeal, both told me to still claim "as it would save a medical when we migrate" the judges are not happy at this at all they feel used and let down that the DWP are using the appeal process to decide on a claim that had not yet been made.
  10. karen***


    Thank you. Didn't even know those pages existed...................Thank you again.
  11. karen***


    Yes he did receive IS because of care allowance and he did get the 8 week run on. My brother and son in law have both been sent to this work program but they have been on benefit for a while.
  12. :mad2:Still here, still waiting for DWP to send reasons for medical retirement to appeal tribunal. 4TH time of asking now......seems to have disappeared. How many times will the tribunal ask them and get brushed off. Had my appeal adjourned last month my GP has sent all my medical records about 2 weeks ago, they have received this but when i ask the tribunal what now they saying that they are still waiting for DWP. Although i worked for them, AND was medically retired by them why are they now being &*&*%** .
  13. karen***


    Hi been asked to put this on here by a friend. He has for the past 20 years looked after his disabled daughter, but because she is awaiting an appeal for DLA (seems the norm these days) he had to stop receiving care allowance, although he still cares for her. He has the most obnoxious git as his advisor, he has been signing JSA for about 4 weeks and has been called in at least twice a week for 'interviews' he has since put in a complaint about his advisor, the next interview on Friday will have this gits manager sat there so he will be all sweetness and light i dont doubt. As i say he has been signing for about 4 weeks and they are putting him straight onto a works program, he is still in need of care by his daughter who cannot look after herself even for a short while, any advise how he can explain this but still receive his benefit. He is looking for work but being his daughters carer for the past 20 years the realistic chances of him getting work is slim.
  14. Hi, some advice please, I live on a small dead end road. My problem is this. I have a shared drive with the guy who lives upstairs, no problem there. Immediately opposite lives a taxi driver who has a minibus, when he is home (quite a lot of the time considering) he parks outside his flat, but when he comes in he either stands around looking to see who has parked in his spot (no lines/parking restrictions) or parks right on the junction half on the road and half on the pavement. Myself and the guy upstairs have had words with him as we cannot get on or off our drive without difficultly and the road is obstructed when the taxi driver parks right on the junction, this was a waste of time as he has just walked off and done nothing about it. There is a new family moved into the flat above who have 2 cars but the road is only big enough for about 6 cars (8 houses/flats) so the taxi driver is not going to like it and park right on the juction (I am looking out of my window now and he has pulled up on the junction again. Who do i contact about this. The reason for this is the risk of danger not only cars bumping into cars but also there are a lot of children in the area and we are worried that one will be injured as the mini bus blocks the junction and therefore the view. Any advice please.
  15. Hi All, Just a quick up-date, had my DLA/ESA appeal yesterday i did as was advised on here and forwarded further evidence to them. They asked what benefit is was in receipt of and where shocked when i told them i was getting incapacity benefit. I told them that i didnt need the ESA appeal as i had won an IB appeal 2 years ago, I did ring the DWP & tribunal to tell them this but i was told to still go ahead with it as it will save a medical when we all migrate over (The judge was not impressed with this) I told them that i was medically retired from DWP 3yr ago (they where not impressed with this either) all in all i think without intending it was an eye opener for them. They ask me questions i give them frank and honest answers and then they adjurn it for specialist reports (Concerning my hands) and 2 years of medical records from my G.P.although they already have the questionaire that DLA sent them. The question i have is....yes you have guessed it how long does and adjurnment take, on average i have already been waiting since April 09 and it is really getting me down.
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