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Please Help Me With My Dla Appeal


NEIL1309
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I agree with that, Simon. My appeal was for IB, but we handed them a typed summary of our argument, plus a small section on the [DWP] problems I should have been awarded points for and how many points we made it.

 

Sorry if this system doesn't work on points, but still hand them something in writing, as Simon suggests. Let us know if we can help.

Illegitimi non carborundum

 

 

 

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Yoy're right honybee, this system doesn't work on points and that makes it harder to see where the decision maker has got his reasons from, I think it is all down to interpretation, unless you can find those glaring errors they always make.........you know the one where they say Billy can walk 100 metres but what they have overlooked is that Billy has no legs! I don't know who Billy is and sorry if he is reading this but it was the first name I could think of!:p

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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  • 2 weeks later...

Hi everyone. Well only 2 days to go for the hearing and Im bricking it now!. Got my submission from my welfare rights, and they sent it in to them last week.

Im trying to get some thoughts together about the questions they may ask, hard as I dont know what they will ask.

Anyway, will let you all know the outcome later this week when I find out.

THANK YOU ALL WHO REPLIED TO ME AND GAVE ME HELP AND ADVICE... IT IS ALL HIGHLY APPRECIATED.

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Good Luck with it. They will ask you questions relating to your medical problems and how you manage on a day to day basis. The main thing to remember is take your time and tell them how it is, don't be embarassed by anything and tell them the truth, that's all you can do.

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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Hi, so many good wishes to you! Where you lead, clearly, I follow - mine's in 10 days...

Hard as it is to do, just relax. [it'll be your turn to tell me that next week! ;) ]

 

Good luck!

Rae

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Hi..It's horrendous you have to go through this! :mad: You clearly should be on dla and motabilty.

 

My friend who has MS had to have a medical... her social worker (who helped her fill in the forms at the start) advised her she must go by her worse day /night and not to focus on good ones, if there is any point during the night need you need help, or need someone to stay over with you....make sure they know that too. She has a lot of good days, but boy when she has a bad one it's very bad. She has everything now, including dla at the highest rate.

 

Hope it all works out for you, good luck :)

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Hi everyone. just had my appeal hearing. They have adjourned it so they can obtain more evidence from my consultant!!

I arrived there in plenty of time and sort of prepared for the questions they will ask. On the way in whilst on two crutches, I lost my balance and nearly fell in front of them twice, falling onto the wall on both occasions which all three of the panel saw.

They introduced themselves and also I had a DWP representative sitting next to me.

The doctor started asking me questions and I was answering them, I thought all was going well until the judge said there was not much evidence from my consultant.

I told them that I will be going to a different hospital with a new consultant in April10.

I was told to sit outside in the waiting room, when called back in to the room they told me they wanted evidence from this new consultant that I havent even seen yet, and when they have the required information and evidence will be called back to finish the appeal.

The appeal didnt get going really, no questions from the judge or the other person who would ask about my needs and how my daily life is affected.

To me, this new consultant wont be able to say much about me after the first consultation.????

So, Im still none the wiser, and still waiting, but at least it was not a refusal.:shock:

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P.s - I forgot to mention that the evidence from my consultant was so breif and useless - it didnt explain anything.

The doctor and judge on the panel agreed that the evidence from consultant didnt match up with how bad I was at walking into the room.

now I think that they think I am putting it all on which I am not.

Why couldnt they take into account the 2 letters of evidence from my GP and welfare rights officer that was fully supportive??

I got no chance now.

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P.s - I forgot to mention that the evidence from my consultant was so breif and useless - it didnt explain anything.

The doctor and judge on the panel agreed that the evidence from consultant didnt match up with how bad I was at walking into the room.

now I think that they think I am putting it all on which I am not.

Why couldnt they take into account the 2 letters of evidence from my GP and welfare rights officer that was fully supportive??

I got no chance now.

 

Yes you have got a chance you need to fight for your rights get in touch with the Disibality Law Services and the Social Security Commisioner and tell them your story. The doctor and the judge on the panel are not the Law their answers are not the be all and end all you need to seek further help don't give up.

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Yes you have got a chance you need to fight for your rights get in touch with the Disibality Law Services and the Social Security Commisioner and tell them your story. The doctor and the judge on the panel are not the Law their answers are not the be all and end all you need to seek further help don't give up.

 

Here you go neil try this it might help.

 

3. DLA and AA

 

Hope this is of interest for dla.

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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... I got no chance now.

 

Honestly! I'll be sending you to the naughty corner at this rate! :)

 

You retain EVERY chance. Whilst an outright yes would have been great, this is the next best thing and certainly nowhere near an outright no. You can rest assured that, before the hearing, the tribunal would have skimmed through the paperwork and noted the inconsistancy between your existing consultant and your GP etc. And then there was your dramatic entrance.

Personally, I think it was good of the tribunal to ignore your existing consultants 'evidence' and allow you the opportunity to be seen by your new one. I appreciate it drags things on a bit for you - but there's still everything to play for!

 

Best wishes and good luck.

Rae

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This happened to me at my first hearing, they decided they wanted more information and it got postponed. I went on to have the appeal allowed and allowed again at my 2nd appeal in January. so do not give up, also at least you have the benefit of the experience and have an idea on what the appeal tribunals are like, so there are some positives to take from it. I felt exactly as you do when it happened to me but stick with it, you still have nothing to lose and all to gain.

 

I know you are going to ask how long inbetween appeal hearings, in my case it was 4 months but it may be less for you.

:)IF YOU ARE BORED WITH LITTLE TO DO:)

My Story - Simon -V- The (SH)Abbey - :!:WON / 19 November 2007:!:

 

SKY TV and the penalty charge - how far will it go?

 

Me V Its4me and Close Premium Finance:!:WON / 28 November 2007:!:

 

IF I CAN HELP, I WILL, IF I DO, THEN PLEASE CLICK ON THE SCALES ON THE LEFT

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  • 2 months later...

Hi all. i havent forgotten you all but still waiting for the adjourned hearing date.

They are going to make thier decision based on a consultant's report that I have now only seen once!!. It looks like all the other strong evidence may not be taken into account. Anyway if i am am successful the claim was started on 3rd june 2009 which means a whole years back pay.

i will of course update you when things happen. bye for now.

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  • 1 month later...

well at last i have now today recieved the date for my adjourned appeall in a few weeks time!!

But, included with this was a letter from a consultant that Ive only seen once ( since the origal appeall ). He stated there is nothing organic wrong and i have ' WADDELLS SIGNS.

What the hell does this mean and how could this affect the decision they make??

PLEASE anyone help and advise....as im totally gob smacked and havent any clue what this is and means.

:confused:

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Hi, Just Googled Waddells signs, it looks like its a test to see if you are putting on your pain. If he has said you have Waddells signs then he is saying that you have symptoms that are not connected to what you say is wrong with you. Have a look for your self.

Its easy when you are being examined to say you are in more pain than you are as you want the doctor to take you seriously.

Google it your self and you will see what it means and how they tested you. Good luck.

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well at last i have now today recieved the date for my adjourned appeall in a few weeks time!!

But, included with this was a letter from a consultant that Ive only seen once ( since the origal appeall ). He stated there is nothing organic wrong and i have ' WADDELLS SIGNS.

What the hell does this mean and how could this affect the decision they make??

PLEASE anyone help and advise....as im totally gob smacked and havent any clue what this is and means.

:confused:

 

 

Here ya go,

 

Waddell's signs - Wikipedia, the free encyclopedia

 

And

 

http://findarticles.com/p/articles/mi_m0689/is_8_54/ai_n14923845/

Edited by Like-Im-Being-Ripped-Off

My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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This might help from CI/1756/2002

"

8. The other expressions, inappropriate signs and illness behaviour, are less clear in their meaning. They may mean the same as voluntary restriction. They may also mean that the claimant is demonstrating a disablement that is not attributable to the normal process of injury or disease, but is a result of the claimant's mental reaction. In this latter sense, the behaviour is not within the claimant's conscious control. The same confusion arises with references to Waddell signs. These signs are often misunderstood both by tribunals and even by doctors who examine for the purposes of benefit entitlement. They are not signs of deliberate misrepresentation of disablement."

Also from CDLA/2747/2006

"

1. Tests such as those recorded by the examining medical practitioner are sometimes known as Waddell signs. They are named after Professor Gordon Waddell. Their significance is often misunderstood by tribunals. The tribunal’s finding that these signs show evidence of exaggeration is an example. In 1998, Professor Waddell revisited his work on non-organic signs along with Dr Chris Main. Their conclusions were published in 1998 in volume 23 of Spine starting at page 2367. I have downloaded, and slightly modified, the following summary from the internet:

· It cannot be assumed without further evidence that the behavioural signs are de facto to be viewed with suspicion.

· Over-interpretation of individual signs is common.

· Assessment of behavioural signs is not a complete psychological assessment.

· Clear evidence of behavioural responses indicates that the patient does not have a straightforward physical problem; an orthopaedic intervention may be required. In such cases, pain management as well as surgery may be necessary.

· An important significant minority of patients become chronically incapacitated after injury, regardless of whether litigation is involved.

· The most serious misuse and misinterpretation of behavioural signs has occurred in medicolegal context; they do not represent a comprehensive psychological evaluation and formulations such as "functional overlay" should not be taken as definitive.

· The signs should only be described as "behavioural responses to examination" and should be understood as such.

· The signs are a form of communication between the patient and doctor and are therefore influenced by expectations (both by the patient and the doctor).

· The signs are not a reason to deny appropriate physical treatment. Some patients may require both physical management and physical pathology and more careful management of psycho social behavioural aspects of their illness.

· The behavioural signs are not on their own a test of credibility.

I am not saying that a claimant who exhibits Waddell signs is not exaggerating. What I am saying is that the mere presence of those signs is not conclusive of the matter. They may be consistent with the claimant’s disablement being a mixture of physical and mental components. As Professor Waddell himself says, they have to be viewed in the context of the evidence as a whole. The tribunal failed to do that."

Any help?

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I have looked at the links given and also googled myself. All I can gather is that a person exagerates about pain they have in their spine. my spine is ok, its my knee thats the problem.

So anyway when i get to the appeall in front of the 3 people deciding, when they read this load of bo**ocks they are only going to think im a liar.

This isnt me, Im not exagerating the pain, anyway its the fact that I cannot walk far, due not solely to pain.

Thanks everyone. :(:eek:

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Hey, don't worry. Take on board the posts and figure out how you can use this to your advantage. Pain is pain. And that's a pain! The experts aren't and, to be honest, the individual researching is becoming the 'new' expert. For example, arthritis in the hips can first disclose itself by a pain in the knee. Not a connection you'd expect...

Best wishes

Rae

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Hi was interested in thread as I might shortly be going the same route. DWP example which appears nearest to your case from the meagre details provided by you says '

X has arthritis which is the material cause of her walking disability and she is

assessed as being physically able to walk 100 metres at a slow speed. However she

also suffers from depression as a result which exacerbates her difficulties with

walking. She can only walk 50 metres at a very slow speed. She would satisfy the

conditions for being virtually unable to walk as her arthritis is a material physical

cause.'

What you don't actually say is what your condition is? and why should you on a public forum. However your Consultants don't appear to be able to come up with an 'organic condition' which would enable the DWP to put you in one of their 'boxes' and therefore make their decision easier. Has your GP given you a name for your condition?

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Yes that example above from silverbreak definately describes 100%. My Gp has written a statement nearly exactly the same as that.

He has diagnosed my as haveing a degenerative knee due to various injurys over the years and will not improve. I am now on morphine wich does help the pain.

DWP just dont want me to have DLA at higher rate which I think I deserve and need.

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