DLA, 2nd Tribunal and the refusal by DWP to listen

[Nystagmite]

But you can't DLA on the basis of having extra costs. It's based on care and /or mobility needs.

[worried33]

isnt extra costs a mobility need?

 

the way I see it if someone needs to modify their home for a wheelchair, but another person needs to spend a fortune on taxi fares to get around because of a lack of mobility they both have the same merits.

 

The move to simplify benefits I feel has always been wrong, I also feel its wrong that there is things like quotas where they have targets to cut XX amount of claimants. In 20 years time we will probably be down to people with 1 week to live able to claim sickness benefits and people with amputated body parts able to claim DLA. With everyone else deemed fully fit and able.

[laineynic]

I received a letter today from the DWP Re further evidence for appeal requiring help with cooking a meal - "we cannot take into account any help a person needs with cooking, whether or not aerson atisfies the condition. I don;t quite understand this. I thought not being able to prepare a meal was one of the criterias to getting DLA. I cannot cut, peel, chop vegetables or meat. I can't lift pans, trays or even my kettle, I can't bend down to get things in and out of my oven. My hands are so swollen and sore, nd standing, bending over causes me to have an angina attack which leaves me breathless, dizzy nad have the feeling I am going to pass out.

I have been refferred to a counsellor for my current mental state he has classed me stress related depression, he highlighted how much my illness has brought on the depression. They do not see this as a point of awarding the benefit.

 

Seems like all the evidence I have sent, even the one with my black eye fter blacking out and bruising my eye and cheek bone is not enough evidence, It seems that the goal posts are being moved everytime I present any new eveidence to back my application. I have a new appeal date next Thursday at 2.00pm. I really don'twant to go and I am wondering is all this paperwork for my new application worth the paper that it is written on. I am very disillusioned.

 

Yet my local advocacy is appalled at the treatment that I am receiving, she has advised me that should I lloose this tribunal we make a complaint to anoher body independant to the DWP. She is concerned at alot of the letters I hve received are very negotive towards me and contradict themselves on anumber of issues.

[Nystagmite]

Not being able to prepare a meal for one (not a ready meal; a proper meal) is one criteria for lower rate care.

 

isnt extra costs a mobility need?

 

No. Mobility needs are either needing supervision outside or being unable to walk.

[feelingsad]

Lainey, who does your meal prep for you? Can they go with you to the Tribunal to say what they have to do every day which will back up what you say?

[laineynic]

Hi its split between my husband, my daughter and my son. My daughter is coming with me to the tribunal. I did think that preparing a meal was criteria to the lower rate of care.

[Nystagmite]

Can you get them to write statements, stating how they help you?

[Crazy Diamond]

But you can't DLA on the basis of having extra costs. It's based on care and /or mobility needs.

I didn't say you could. I know what it's based on, believe me. I said that's what DLA is supposed to be for. In effect, the fact the disability creates more needs in the way of assistance, usually carrying higher costs, it's implied in the fact that DLA is a monetary award.

 

The fact remains that if you can show the panel that your care and/or mobility needs entail adaptations/equipment/changes which carry a substantial price tag, it all helps to build an image on how your life is "significantly different" from an average person who is non-disabled. It's not about claiming because of costs (which you can't, as you said), it's about using those costs as evidence that you do have those care or mobility needs.

[Crazy Diamond]

No. Mobility needs are either needing supervision outside or being unable to walk.

(or "virtually unable" to walk. The new forms in particular are -finally- catching on to the fact that you may be physically able but that a refusal to walk is just as immobilising.)

 

I concur with that. I find that people are often confused as to what constitutes care and what constitutes mobility and fill in their forms inaccurately as a result.

 

Extra costs are neither. They are a consequence of having those needs, not the need itself.

[Nystagmite]

 

I concur with that. I find that people are often confused as to what constitutes care and what constitutes mobility and fill in their forms inaccurately as a result.

 

Which doesn't help with the strange rule whereby, help with getting around inside is care and outside it's mobility.

[Crazy Diamond]

Which doesn't help with the strange rule whereby, help with getting around inside is care and outside it's mobility.

Don't get me started on that one!

[worried33]

Crazy Diamond what happens if you cant afford this equipment?

[Nystagmite]

Some charities may help.

[vmaxer]

hello i went to my tribunal a few weeks back after being on high rate for over 25yrs my wife came with me as she was my carer and they would not let her say a word they just sat there and made me suffer[i have severe asthma and can,t say a full sentance without gasping for breath and can,t walk ,long story but they still said no ,so car hadto go aids havto go and death can,t come quick enough sorry for blurting on but i thought c a b[ who filled my forms in for me ] would be able to be there but funding didnt allow this i,ll be glad when i understand that ive been faking it all these years but i won./.t let them beat me new forms posted tomoz

buy the way it took 14months to gat to a tribunal for less than 20mins in room

HAPPY DAYS:-D

[Crazy Diamond]

Crazy Diamond what happens if you cant afford this equipment?

Good question. Well, unless you have friends, relatives, savings, or charities with some funding left over... you're stuck. Sometimes literally. I know of people who are left destitute, eating only 2-3 times a week, not to mention the -so far- 150 or so deaths where this horrendous system has been directly or indirectly responsible for these people taking their own lives. Edited March 20, 2012 by Crazy Diamond

[vmaxer]

i can believe that and no one to help them ive decided theres no point sending new forms as lotterys are not for me and that seems to be what it is ,i,ll just sit here for the rest of my short life in pain .

if this was any other country there would be outrage but we just sit and moan about it [stiff upper lip and all that]makes you proud to be british:-)

[Nystagmite]

There is no harm in trying again. Especially if you have more evidence.

[worried33]

Good question. Well, unless you have friends, relatives, savings, or charities with some funding left over... you're stuck. Sometimes literally. I know of people who are left destitute, eating only 2-3 times a week, not to mention the -so far- 150 or so deaths where this horrendous system has been directly or indirectly responsible for these people taking their own lives.

 

Well I manage without equipment as I have adjusted and hardly ever leave the house. I asked tho as it seems people claiming benefits get judged on any equipment they may be using, as someone without any equipment may be seen as a less serious condition. Also I had a decision maker give me a lecture about how people with immobility can work in their wheelchairs in which I said what wheelchair? Although this lifestyle of never going out is depressing in the summer for sure.

[Nystagmite]

Also I had a decision maker give me a lecture about how people with immobility can work in their wheelchairs in which I said what wheelchair? Although this lifestyle of never going out is depressing in the summer for sure.

 

Yeah, if you lucky enough to have a suitable chair and don't have other conditions which make working impossible.

 

I asked tho as it seems people claiming benefits get judged on any equipment they may be using, as someone without any equipment may be seen as a less serious condition.

 

Which makes no sense at all. Ideally, there's a piece of equipment I need, which will cost around £2000. £2000 I don't have...

[laineynic]

Tribunal today - I lost again, I don't fit into any catagories to receive it. I spoke to an advocacy on Monday who was unable to attend because I got hold of her to late to come. She had given me some good pointers which I was able to use. It made no difference.

 

Hyperthetical question 1 - if your husband dropped you in the middle of liverpool to find the hospital while he parked the car. Could you find the hospital? Firstly my husband would never leave me in a place I do not know and go and park the car. would you be able to read the map if it was given to you " no I have sight problems" would you ask someone "yes" would you use your mobile phone to ring the hospital. I don't know because my husband would never leave me in the centre of liverpool to look for a hospital on my own. This question was to see what level of DLA I would be entitled to.

 

Hyperthetical question 2 - your family and friends all go away on holiday and leavce you at home how would you cope. Why would all of my family and friends all go away at the same time - my response was I would have to manage as best I could. How would you answer that one, it wouldn't happen.

 

Hyperthetical question 2 - I don't know you and your husband is away what would the day be like if I came round to care for you. I told her how it is and at every step she was saying why would you do that.Then the cooking question - leading me to say that I could lift a pan of potatos, No I can't I tried on sunday and I have a burnt hand to prove it.

 

Thats it it's all over, I needed DLA, The additional eveidence I sent from June to last week could not be used despitae being told it coulc. I don't think I can face another application. I am tired of my honesty being questioned. Even my daughter who is a registered carer and never been to anything like this felt the viciousness of the Dr also she felt he was extremely harsh on how far he went to push me to get angry.

 

I have one more avenue recommended by the Parliamentry ombudsman and that was to take the matter further, I need to think about this because I am not sure if I can handle a thrid rejection.

[vmaxer]

YOU GO FOR IT GIRL:-x DONT LET THEM WIN ive decided to hound them as you can post new form every three months and lets face it im now sitting here 24/7 and theres nowt on the telly:lol:

[Nystagmite]

What strange questions you were asked. I could understand questions like "how did you get here?" etc. But those questions really are strange.

 

You can appeal to the upper tier; but, like the first tier, it can only be on points of law. (so, you can't appeal because the money isn't enough; but can appeal on the basis that they didn't take all disabilities into account)

[laineynic]

They were strange questions and the relevance to my claim I really don't understand. I have written a 0eltter of complaint and if I don't get satisfaction from them I have one more avenue to go down. I am not sure about the upper tier on the point of law. Last time I enquired about the cost to me I just didn't have the money.

 

To be asked thequestions in the format they are is ridiculous, if they asked me to walk around the room at normal pace I wlud of been reaching for my spray and asking to sit down. If they asked me chop veg or open a can of beans they would have seen how my hands won't grip the tin opener. But thats easy, the tribunal wasn't.

 

I will see what happens next them go from there.

Vmaxer - Thank you I am going for it I won't let it lie. I have had so much support from my so many people and frompeople on my fb. Hearing some of the stories I have when people go to these tribunals is unbelievable what gets asked.

[feelingsad]

I too had a panel member who was really vindictive, patronising and disbelieving in her direction of questions to me. I found it really intimidating and frightening. However the Judge and Doctor were both really nice and my appeal was successful. As the horrid lady was the person with experience of disability it begs the question as to what her experience was. I got the impression from when I walked in the door that she thought I was pulling a fast one. There is no need for panel members to have this kind of attitude and it shouldn't happen imo so I sympathise with you, it's horrid.

[Nystagmite]

I too had a panel member who was really vindictive, patronising and disbelieving in her direction of questions to me.

 

I had this too. He then had a go at me because I wasn't in education, work or training. I'd just finished a uni course and was volunteering... How that's relevant to my case, I have no idea.