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

[chloe01]

I don´t know if this is of any help to you, and indeed if you are still fighting the DWP. But if you have a spare few hours, read my story of trying to secure DLA. This was even harder for me because if was a NEW claim from SPAIN. But after nearly 5 years of not giving in I beat the DWP in October 2011 and they had to back date my DLA from when I applied in February 2008.

[worried33]

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.

 

Sadly I expect a lot is done on first impressions.

 

It wouldnt surprise me if early on in an appeal the panel members already make their mind up, and after that its the case of if enough of them decide to back you and then if they do they then fit the appropriate evidence in place to backup their decision. Its probably how the vast majority of legal matters are resolved.

 

The tribunal I have been to for a failed DLA claim had a doctor, chairperson and someone else who I believed was disabled. The chairperson seemed agressive but at least was asking me questions, the doctor seemed concerned and asked me relevant health questions, the disabled person sat there trying to hold back a grin and didnt say a word.

 

apparently if one feels they have been treated badly by a panel member they can ask a note of it to be made by the clerk so its on record.

[laineynic]

Its been nearly 2 weeks since my tribunal and I am in limbo. I sent a fresh claim 3 weeks ago. Someone from the DWP disabilities & carers at Blackpool rang me to see how I had got on. He surprised me with his call. I did tell him that the tribunal was appalling and of the questions that were asked. When the statment of reason come through I have to send a copy to him. But I did tell him if the DWP had actually treated me as the expert (as I know my illnesses and how they affect my mobility and the care I need) and not the one liners my GP had wrote then we might not have had to go to a tribunal for the second time. I also told him that the CAB had advised me of how difficult things were being made by the decision makers etc. He obviously didn't like that comment. He said that all cases had been viewed on the DWP guidelines. Yes if you put me in a pigeon hole that I actually fit into. This week has been horrendous for me, I thnik the stress of the last few weeks caught up with me. I have not been able to get out of bed until today. I was physically and mentally drained. I got so stressed on Sunday my husband was on the verge of phoning for an ambulance because I couldn't breathe. Yesterday my upper abdomen filled with fluid and I looked 10 months pregnant. This is because my heart isn't working properly apparently. I started water tablets last night and it seesm to have worked. I don't know what to do now. I complied a letter to a Martin Spencer complaints manager at DWP and am unsure wether I should send it. Today my fight seems to have gone...

[chloe01]

Its been nearly 2 weeks since my tribunal and I am in limbo. I sent a fresh claim 3 weeks ago. Someone from the DWP disabilities & carers at Blackpool rang me to see how I had got on. He surprised me with his call. I did tell him that the tribunal was appalling and of the questions that were asked. When the statment of reason come through I have to send a copy to him. But I did tell him if the DWP had actually treated me as the expert (as I know my illnesses and how they affect my mobility and the care I need) and not the one liners my GP had wrote then we might not have had to go to a tribunal for the second time. I also told him that the CAB had advised me of how difficult things were being made by the decision makers etc. He obviously didn't like that comment. He said that all cases had been viewed on the DWP guidelines. Yes if you put me in a pigeon hole that I actually fit into. This week has been horrendous for me, I thnik the stress of the last few weeks caught up with me. I have not been able to get out of bed until today. I was physically and mentally drained. I got so stressed on Sunday my husband was on the verge of phoning for an ambulance because I couldn't breathe. Yesterday my upper abdomen filled with fluid and I looked 10 months pregnant. This is because my heart isn't working properly apparently. I started water tablets last night and it seesm to have worked. I don't know what to do now. I complied a letter to a Martin Spencer complaints manager at DWP and am unsure wether I should send it. Today my fight seems to have gone...

 

Forgive me if I have read this wrong, but what I understand from this is.

 

You say you sent a fresh claim 3 weeks ago. I am a bit confused, as it´s been only 2 weeks since your first Tribunal hearing, and I assume that you have not received the outcome as yet, so why start a whole new fresh claim?

 

First of all you have to remember that when going to tribunal, the DWP should be viewed as the "enemy", it´s you against them, so they should NEVER have contacted you to "ask how it went" that is MOST UNUSUAL. Also you should never tell them any information on how the tribunal went or indeed any information that the CAB have advised you. This is an absolute NO NO.

 

As for them asking YOU to send them a copy of the Statement of Reasons from the outcome of the (1st) Appeal. This is utter rubbish as both yourself and the DWP will be sent identical documents from the tribunal, and THEY know this. Send them nothing, leave it to the tribunal, they will send a Decision Notice/Statement of Reasons of the tribunals findings to you and the DWP.

 

Go ahead and send the letter to Martin Spencer, but make sure you keep copies of everything piece of correspondence that you post.

 

Keep us posted

Good Luck

[Nystagmite]

You say you sent a fresh claim 3 weeks ago. I am a bit confused, as it´s been only 2 weeks since your first Tribunal hearing, and I assume that you have not received the outcome as yet, so why start a whole new fresh claim?

 

Normally, you do receive the outcome then and there.

[chloe01]

Normally, you do receive the outcome then and there.

 

Ah OK I see, sorry I have never actually personally been to a tribunal, mine have always been via submissions. But as for the DWP ringing and asking "how it went", what a weird thing to do, seriously nothing suprises me anymore when it comes to them.

[Nystagmite]

When I had mine, someone from DWP was there.

[laineynic]

it was actually the second ribunal that I have been to. My frst one was March 2011 which was for a claim made in April 2010. I lost that tribunal. This tribunal was from a claim I made in April 2011. I has taken almost 12 months for this tribunal o be heard. I found out on the day that I had not been successful again.

 

The reason the DWP have been in contact is because my MP has taken my case to complaints. The guy who rang was from the complaints department in Blackpool. He was already well informed because of my complaint against them. He already new about the tribunal etc. So I disclosed no more to him than he already knows.

 

My MP even took my case to the parlimenry ombudsman whilst at this point they can't help but they have given me such alot of advice on what to do next. I just have to wait now to see what the complaints manager says to me.

[worried33]

Both appeals I have attended I didnt get a there and then decision, I had to wait for post. If I have any other appeals related to sickness assessment I am thinking of not attending as I think it looks bad turning up on my own when I am saying I am ill and unable to work and do things for myself.

[laineynic]

Did you get the benefit? I have read that if you don't attend they quite often rule against you. Not sure if that is true.

[worried33]

both times they ruled against me.

 

the DLA tribunal they even stated their reasoning was that I managed to make it to the hearing.

[laineynic]

Did you take it any further? and have you re-applied?

[Nystagmite]

both times they ruled against me.

 

the DLA tribunal they even stated their reasoning was that I managed to make it to the hearing.

 

I made it to the tribunal both times myself and was asked how I got here. I explained that the first time, I got lost. The second time, I stated I had no idea where this place is despite being given direction; so got a taxi there, I then had to ask after the tribunal how I get back into the city centre.

 

Just because you made it there, doesn't mean you didn't have any problems.

[laineynic]

Thats it Nystagmite you might get there but getting home again can be just as bad. Did you eventually get DLA or are you still fighting ofr it?

[Nystagmite]

I've had to give up. I do get DLA - but in my opinion, at the wrong rates. I am waiting to see what the psychiatrist and neurologist say (waiting on various diagnoses - I know these are irrelevant; but am hoping they help) before trying again.

[laineynic]

Before my tribinal I had a letter from the courst to say that my Doctor had said she had attached a letter in June 2011 formy claim. This letter was from my Cardiothercic Surgeon and was missing. It has taken until now for the surgery to provide e with this letter. The letter is very informative of my condition, My Doctor had put I had Class 1 angina - but the consultant said it was class 111 angina he writes "whilst this lady has moderate aortic stenosis that is more than likely to change in the near future, she is very symtomatic with class 111 anginaand dyspnoea and concomitant right coronary occlusion ................

There are some other things I don't understand and wondered if anyone has any medical knowledge for instance

TLCO 48% is that good or bad?

KCO to 65%

This appranetly shows how my lungs have been damaged by radiation.

I have sent a copy of this letter to the DWP complaints department and just don't understand why they did not ask my dr for a copy in June lastyear.

[worried33]

I made it to the tribunal both times myself and was asked how I got here. I explained that the first time, I got lost. The second time, I stated I had no idea where this place is despite being given direction; so got a taxi there, I then had to ask after the tribunal how I get back into the city centre.

 

Just because you made it there, doesn't mean you didn't have any problems.

 

I explained that as well but no account was made of it in the statement of reasons. This is why I think tribunals and the like a decision can be made each way its just a matter of which they choose then they find reasons to backup their decision, they dont need to explain it seems why they ignore evidence.

 

whats amusing somewhat as well is my ESA tirbunal I had many years back when they gave me all 0s on the scores.

 

To get 0 on mobility would be to say I have no problems walking at all, which for them to say that ispretty much saying they accusing me of lying. The only IB medical I failed they did at least still give me points for mobility.

[laineynic]

I asked for help on this foum to translate the letter from the cardio theracic surgeon into laymans words. Thank you to the people who helped me. It has shocked me what I found out and I believe it would have made a significant difgference to my claim. One member actually told me that my condition was so serious that I should go to my surgery as soon as I could because of ill health.

 

I have also had the help from a friend of mine who's husband is a paeditrician - it wasn't his field but he has helped me with alot of the things in there and he too told me that my condition is serious.

 

I have now sent this letter along with yet another complaint to the DWP because why did they not ask my GP where the letter was? why have I had to provide it. I have also sent a copy of the letter from the surgeon and a complaint letter to my MP. He is part of the coalition government and I want him to feel as uncomfortable as possible as to what this government are doing to people like me. This letter could have made a difference to me 12 months ago and I may not have had to face that awful tribunsl. I am even more determinded now

[laineynic]

********Awarded DLA*********** after months of battling I have won DLA - it is to be backdated to June 2011. I am still in the processes of complaining but I am over the moon that I will now get DLA. it is for 12 months after which I have to re-apply but it will mean such a difference to me. Thanks everyone for all you greta advise as always. My final point is don't give up even if it brings you down to tears its worth the fighting. But we shouldn't have to fight so much to get it especially whe you are disabled ot seriously ill like I am...

[Nystagmite]

Excellent! And thank you for coming back and telling people what happened.

[sandrahinder]

I totally agree with you, we won our tribunal case for DLA unanamously in December last year and they still have't paid us, all we keep getting is they are looking into thedecission of the judge and my husband is very depressed and has tried to commit suicide twice because of the stress and financial problems this is causing. They just don't care!

[Crazy Diamond]

Excellent news Layneynic!

 

Would you mind clarifying how? Between the old claims, new claims, tribunals and complaints, I can't work out how things changed!

[laineynic]

I am gutted. Despite the intervention from My MP the Ombudsman has ruled in favor of ICE and DWP that they were right to turn down my claim in April 2011. They say that the DWP did nothing wrong by not seeking the missing evidence from my consultant. They say that the decicion maker had relevant information to make a decision and decline my claim. The missing letter contained a full description of my heart problems and how I was struggling with angina at rest and on small movement. Even when we presented a second opinion from a Dr not connected with me. They also do not think waiting for 12 months is not unacceptable. So the DWP win and I miss out on 14 months of benefit. I can't go any further so I don't feel like a winner. But hey I gave it a damn good go

[abc123def]

I thought you said you were awarded DLA in April?

[laineynic]

Yes I was awarded DLA in April 2012. I have been battling with the DWP for the way my claim was handled in April 2011. They messed up and won't take responsibility. sorry I confused you