Please Help Me With My Dla Appeal

[NEIL1309]

:-|:-| :confused:Hi everyone.... PLEASE any help and advise would be appreciated. here goes.

I have been turned down for higher rate DLA, so now going to appeal tribunal as I can hardly walk. long term and perm knee joint problems which is degenerative, and leg muscle wasting.

The second decision came back and stated I have some restrictions, and they used there own consultant to state how it affects me. ( bet he got that from a book ) !!, so they turned me down. My own consultant forgot to fill in and return his evidence.

Incuded in the original claim from my GP. It told them that it can take me 10 - 15 mins to walk 100 meters, need crutches, now need and got a battery powered scooter to get me around, need help with washing, dressing, cannot carry anything safely as im on 2 crutches to get around the home, also in addition because of all these problems now got depression. That letter made no difference. Only a DWP consultant who has never met me and does not know how im affected. I am getting help from my local Welfare Rights.

Over the past month or so while im waiting for the papers to be sent to me, I have sent in a letter from my Occupational Health, a upto date letter from my GP, and my consultant is finally going to fill in and return the form to them, all with good evidence supporting my claim. My condition will not get better, will get only worse.

What are my chances at appeal hearing PLEASE ????

[ErikaPNP]

With Welfare rights helping you, you are in with a good chance, more so if they represent you at the appeal. It may reassure you to know that almost half DLA cases are overturned at appeal stage and that your own medical professional's opinions will be considered at the tribunal.

 

I would also encourage you to attend the tribunal and have an oral hearing rather than a paper hearing, as these are in general more successful.

[NEIL1309]

THANKS. THAT MAKES FEEL A LITTLE BETTER. I AM WAITING FOR THE PAPERWORK TO ARRIVE FOR THE TRIBUNAL. I HAVE SENT IN VIA WELFARE RIGHTS A OCCUPATIONAL THERAPISTS REPORT, A RECENT GP LETTER, BOTH SAYING IM GETTING WORSE, WALKING GETTING WORSE SO NOW NEED A SCOOTER TO GET ME AROUND. HOPE THIS WILL HELP MY APPEAL, AND HAVE BEEN INFORMED THAT DWP CAN CHANGE THIER MINDS BEFORE TRIBUNAL, AND IT ALL BE CANCELLED. HOPE THIS HAPPENS AS EVIDENCE IS TRUE AND SUPPORTIVE.

I FULLY INTEND TO ATTEND THE TRIBUNAL IN PERSON IF IT GETS THAT FAR.

[NEIL1309]

HI ALL.

SINCE I POSTED THIS THREAD MY IM STILL WAITING FOR MY HEARING DATE. THE WELFARE RIGHTS OFFICER IS HELPING ME.

SHE HAS WRITTEN TO MY GP AND CONSULTANT AGAIN, MY GP HAS REPLIED AND HE STATES I CAN ONLY WALK 30 - 50 METERS. WILL THIS HELP MUCH??

DONT KNOW IF CONSULTANT HAS REPLIED YET AND IF SO WHAT HE HAS WRITTEN.

I HAVE STILL GOT DEPRESSION WHICH IAM ON REGULAR MEDICATION, STILL STRUGGLE TO DRESS / UNDRESS / WASH MY LOWER HALF OF BODY.

COOKING A MEAL WILL BE VERY DIFFICULT FOR ME, AS IM ON 2 CRUTCHES EVEN ROUND THE HOUSE.

ON MORPHINE PAIN KILLERS.

GOT THE BIG PACK OF PAPERWORK BEFORE XMAS, SENT IT BACK, SO THE TRIBUNAL HAS HAD THESE SINCE JUST BEFORE XMAS - STILL WAITING FOR A DATE, I DID ALSO TICK THE SHORT NOTICE BOX ON THE FORM.

CAN ANYONE OUT THERE PLEASE ADVISE ME OF

1)- HOW MUCH LONGER BEFORE THE HEARING?

2)- HOW MY CHANCES OF WINNING ARE.- I WILL BE ATTENDING.

3)- I DONT KNOW WHETHER IT BEST TO GO ON SCOOTER OR CRUTCHES.

 

ANY ADVICE PLEASE REPLY.

THANKS.

[ibis]

Hi Neil sounds like your having a really tough time and all the waiting cant be helping you right now. Its hard to say how much longer you have to wait, could you call the maybe the dla helpline maybe they can tell you a time limit? As for chances of winning thats difficult to say also, i have mobility probs too and have had about 5 tribunerals at various stages of my life, the last one i was awarded indefinately and have won all tribunerals. main thing is to keep calm and focussed, be specific about what you can and cant do, i always try to keep my answers to a yes or no. Get as much supporting evidence as possible to show the tribuneral. Crutches or Scooter is your choice really but defo get the point across to them that you need both and cant walk unaided. Its common for the dwp to turn down claimants and true that most appeals are won, i think the dwp are far to hasty in making decsions without getting all the facts. I wish you good luck for the hearing and do update us on how it goes xxxx

[RaeUK]

Hi Neil, don't let it bother you that you haven't got a Tribunal date yet.

I'm still waiting for a date for my ESA Tribunal. I filled in the paperwork back in august 09 and, a few weeks later, got notification from the Tribunal service I would not be seen before 01 March 10. I imagine they are snowed under with appeals! It is frustrating but nothing we can do.

You have excellent help, have prepared well and are attending in person. These all help increase your chances.

Best wishes.

Rae.

[NEIL1309]

Hi. Thanks for all the advice. I have my hearing date at last, now very nervous. I dont know what to say when I get there, dont know whether to go on my crutches or take my scooter. In the letter they reckon it is a 5 min walk, from Bus station to the venue - ( that will take me 20 or so mins for me?? )

Will let you know how I get on

Regards

Neil.

[paulb1310]

One favourite question you may be asked is "how did you get here today?". If you "walk" for 5 minutes then this will be probed. The Tribunal Service should reimburse you for the cost of a taxi although I think they may have stopped doing that on the day of the hearing.

[RaeUK]

Hi Neil,

Excuse my ignorance, but can't you take your crutches and scooter? It certainly doesn't sound like you should be walking anywhere.

Best wishes for the hearing.

Rae.

[NEIL1309]

They reckon the venue is a 5 min walk ( for someone who has no walking problem like them ) from the car park and bus station. That I think has helped me. I cannot walk that far without 2 crutches, and if I did would take me around 15 - 20 mins with a couple of rests. So, I will go on my scooter, and explain that to them. I may try and take my crutches a well, but not sure yet.

Less than 3 weeks to wait.

[RaeUK]

Hi Neil,

You raise an interesting point. Why say it's '5 minutes walk' when they are going to host people like yourself who find walking exceedingly difficult. Or me with severe COPD. Their 5 minute walk would be at least 10 or even 15mins for me.

If it is far easier to go on your scooter please do so. It's an important day and you don't want to arrive too knackered to be constructive!

Keep us posted.

Wishing you all the best.

Rae.

[honeybee13]

Hi guys. Kelcou, do you remember a post a month or so ago when we discussed taking a taxi? I don't remember what the outcome was, but that would be the easiest thing for Neil if the DWP will pay for it.

 

Neil, this sounds awful, I hope we find a good answer for you.

[Simon7685]

I have been to 2 appeal tribunals for DLA and won them both. On each occasion I was asked how I got there. Both of mine were held within a 5 minute walk of where I live.

 

On both occasions I went on my scooter which was left just outside the building, I used my stick from there to get into and around the actual building. (Funnily enough both my tribunals have been held on the 3rd floor of a building that has steps to get into it, with no wheelchair access, which makes me wonder given that people attending can't walk....... or am I just too cynical?)

 

I know that at the first one, they actually checked to see if my scooter was outside and I think that this went strongly in my favour on the day. At the second one, I don't know if they checked or not but I still think that the fact I had to go on a scooter went in my favour, even though I live within what they term as walking distance. Walking distance is only valid if you can actually walk that far.

My advice to you is, if you normally need to use your scooter to get around, go on that. Take your crutches and use those inside the building if it is not possible to take your scooter in.

 

As I understand it the DWP will only pay for taxi's in exceptional circumstances and if there is no other means of you getting there. You may well qualify but I would still use your scooter.

[NEIL1309]

Thanks for all the help guys. Im getting a clearer idea now.

The DWP original decision stated that although I have restrictions I do not qualify for the Higher rate DLA. To me they are nearly there, having restrictions means that a person has problems walking.

The DWP doctor decided that I could walk, someone who has never met me or seen me.

My GP has written in and it states that i can only walk 30 - 50 meters and that takes me a long time.

My consultant has written saying I have problems with walking.

They award this to people who DO NOT need the help, and people who do need help CANNOT get DLA.

Anyway as for scooter or crutches I think I will take both. Leave scooter outside and go in on my crutches so they can see how much I struggle when walking.

The big day is 17 March 10 in the afternoon.

[honeybee13]

Neil, good luck with your appeal, I think you're prepared now. I hope you're happy with the help people like Simon have given. Fingers crossed for you and please post any other concerns you have before the 17th.

 

My best, HB

[RaeUK]

Good luck from me too. I think taking both is probably the right solution.

Best wishes

Rae.

[NEIL1309]

Yes thanks very much simon, honeybee, and kelkou for all your help and and advise.

SIMON - I have just been reading your post about your DLA appeal tribunal hearing, we sound very similar. What I read has given me some hope.

If you got any further points or advise for me, it will be greatly appriciated.

I do already own and drive a automatic car at the mo, have been for about 18 months

CHEERS everyone

[Simon7685]

Neil

 

Probably the best piece of advice I would give to you, is read through everything until you know it like a book. Stick bookmarks in at appropriate bits like your medication lists. then read it again and again. Also look for the DWP errors in their submission, I bet there are some. If they have lied in their submission, like they did at my first tribunal be aware to make the panel aware of it. Above all tell the truth and I am sure you will be fine. They will be assessing what your condition was like at the time the DWP decision was made as oppose to how you are now. Expect to be asked some pretty probing questions as well and about you toilet needs and if you need any help. I was really worried about that to start with but then I thought about it and what is wrong with saying you need help with your toilet needs if you do, you can't help it and if it helps them find in your favour all the better.

 

It is a very worrying time, going through it and it seems like there is no end in sight sometimes. They do not understand what they are putting people through, it really gets me mad. If you think of anything I can help you with let me know and I will help you with it.

Cheers

Simon

[honeybee13]

I agree with Simon about the preparation.

 

I would add that I went to appeal, we went through the Atos assessment of me in great detail and itemised every answer we disagreed with, with our reasons. We covered them in the same order as the Atos form, and used the points system the DWP use. It's on their website.

 

Then we [i mean my OH] did a summary at the end of the points I should have been awarded in our opinion, and what the points would be for. The tribunal people said it was helpful.

 

If you haven't already had one, you need a copy of the Atos assessment.

 

Keep us posted. My best, HB

[Simon7685]

Good idea honeybee. You should have a copy of the doctors report if you were examined Neil, it should be in the bundle of paperwork entitled Secretary of States Submission.

 

You do have to scrutinise everything, the DWP a very prone to making serious errors in their submissions.

 

In my first one they blatantly lied and accused me of saying something in a telephone call to them that I had not in connection to my claim and a test that had been carried out whilst I was in hospital.

 

I rang them and told them that the test had been abandoned because I could not do it due to severe breathlessness and chest pain. They reported it in the submission as I had rang them and told them I had completed over 2 minutes on an exercise tolerance test.

 

They used this as the main reason for disallowing me from DLA. They said that if I was capable of doing over 2 minutes on an exercise tolerance test, I could not possibly be unable or virtually unable to walk! Fortunately I had kept notes of every call I made to them, I always come straight off the phone and write up what had been said in the call and note the time and date of the call. So I used this information as part of my appeal and suggested that a recording of the call should be asked for that would prove me right. The tribunal opted not to do that but agreed with me from the information I had provided and the notes I had made.

 

Now I only found that by checking through their full submission and it was a few words tucked away in a full page of typing. Yet those few words that they altered were used to disallow me my DLA!!!

 

They also tried to use the same thing in my last tribunal and again that was quashed by the panel.

 

So read everything again and again and point out any errors, as I am sure they will be there and they can sometimes be the key. Sorry to go on about it Neil but it is just so important for you to keep checking what they have written about you.

[honeybee13]

That's right, Simon. I think we made extensive us of highlighter pen to help us.

 

Neil, Simon's quite right, you can easily find errors. In my case, the same Atos assessment contradicted itself on two different pages!

[NEIL1309]

Thanks Simon and honeybee.

I will look through the paperwork very carefully. They seem to have taken no notice of what my GP has written.

I was also awarded with my blue parking badge a month before I applied for DLA. I got that from only a letter from my Gp.

My consultant is not very good, not saying too much, just brief points. I have a letter from him as evidence which is only 4 lines long!!!.

My GP extremely helpful, I also have a report from my occupational health therapist.

Also I was in private housing with only 1 toilet upstairs, as I struggle with stairs, I got a Housing Association house with a toilet boyh upstairs and downstairs, that saves me having to climb stairs whenever need the toilet. This house is getting some grab rails, an extra stair bannister, and Ive already got a bath lift/chair for me from Social Services.

All This has been going on since before they made their decision.

To me, it feels they have not listened to me, how I am, how im effected, etc, they only listened to what a doctor who has never seen me, and doenst know anything about me.

Like you and everyone else in this situation everything is provided by the relevant people, they wont listen.

due to all this, my mobility, pain etc i am also diagnosed with depression and on more medication. I am on morphine for the pain and a few months ago took an overdose of morphine.

Anyway, I will go through the paper work and see what I can find.

Thanks again:eek:

[NEIL1309]

Hi again

Right everyone I have been through the paperwork several times extemely carefully. I have however found a few things they have said about me that dont agree with

1- I use 2 crutches, my bad leg in the air using my good leg and sort of swing my body through the crutches dragging the bad legalong the ground.

I support my weight on the handles of the crutches, move them forward, then lift my good leg ( now im on no legs just hands supporting me with crutches ), then my body swings through.

The DWP doctor wrote in his report : There is no evidence of any problem in the other leg, so he will not be swinging though the crutches, should be able to walk 100meters plus and perform all daily living activities safely.

To me I do swing

So how does someone swing through their crutches ?

2- I never said anything to them about the other leg as there is nothing wrong with it ( yet ! )

3 -They say I have restrictions and difficulties - course I do otherwise I wouldnt be claiming in the first place.

4- Can anyone tell me what they mean by H.F.R ?.

Just now hope these facts ( errors ) and my submission from my local welfare rights will convince the panel I need DLA.

What do you think?

[NEIL1309]

P.S - I forgot to mention Currently I am getting Incapacity benefit have been since 2006, pass all the atos medicals.

I also have a BLUE DISABLED PARKING BADGE that was issued in May 2009 and from a letter / report from my GP.

I can get everything else, why cant I get DLA????

[Simon7685]

Neil whether or not the panel award you DLA will depend on a number of factors, they will take into account the letters and reports from your GP and hospital consultants. More importantly they will take into account any written submission you make. However in my opinion what will be the more defining factor is what happens on the day and the answers you give to their questions. You can't really rehearse that as each one is different and in both of my appeals a lot of the questions were different on each occassion.

 

You can use certain things to your advantage on the day and ensure that important facts are foremost in their thinking when deciding whether to allow your appeal. You could mention that you have passed DWP medicals for Incapacity, in itself it has no bearing to your DLA application but you are putting the fact in their minds that you have passed their medicals.

 

One of the panel will be an expert on disability who will ask you questions about how you manage with day to day things and I would guess will have a more balanced view on the method of using crutches. How you answer will be more important then what the DWP doctor wrote about how you use your crutches.

 

Regarding your Blue Badge, you should be able to use this in your favour at the appeal hearing. You do not qualify for a badge through DLA as you don't get it, so to be awarded a discretionary badge has to demonstrate that you do indeed have severe walking issues. Don't try to labour the point but certainly make use of the fact you have been awarded one. (I was lucky with mine as it was awarded following a walking assessment, which I think rather proved the point more so than a doctors letter, which our County Council no longer accepts.)

 

Having been through the appeal twice now, I fully understand where you are coming from when saying, "I get everything else, why can't I get DLA?" DLA is probably the hardest benefit to get and 90% of claims are refused, so you are not alone in thinking that and don't think for one minute you are. What you need to do is try and focus your efforts in to your appeal, you have the ability to change the decision but you will have to fight for it.

 

Are you submitting anything in writing for the panel as to what you disagree with about the DWP decision and why you believe it is wrong? In my opinion this can only work in your favour, my advice is to not submit it until the day of the hearing, so it is fresh in the panels mind. I firmly believe that my written submissions helped me in both my appeals, if you want an idea of what to put and so on, I would be happy to email you copies of mine.

 

Hope some of this helps

Simon