Lost DLA tribunal

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Lost DLA tribunal

Postby TeeferTiger » Wed Jul 11, 2012 5:19 pm

The CAB argued that I should receive lower rate, yet the tribunal basically said that because I can walk (albeit slowly and painfully) I don't qualify. Also, my husband goes to work so I can be left alone, so I don't get anything for care (despite me not eating unless he's here to cook and having all my hair chopped off so I can shower quicker etc).

They were assessing how I was at the time of my medical last year when my diagnosis was different, and the medication was masking a lot of the problems I have now. Apparently there are lots of things out there (aids) which can help me in my daily life, but I want to know how I'm meant to be able to afford to buy these things if I don't qualify for DLA?!

Part of me understands why they said no, but another part is really angry. I'm still fighting with the DWP about my ESA after I won the tribunal and got placed into WRAG only to be told 2 days later it would be taken away because I'd had it 365 days.
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Re: Lost DLA tribunal

Postby multy1969 » Wed Jul 11, 2012 6:12 pm

hiya, just wondered,if ya need aids to help u in everyday life,have u been in touch with an occupational therapist?
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Re: Lost DLA tribunal

Postby FluppyPuffy » Wed Jul 11, 2012 7:51 pm

As the tribunal looked at things based on how you were when you initially claimed and things were different to how they are now, could you send in a new claim based on how you are now??? CAB might be better able to advise you on what to do next.
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Re: Lost DLA tribunal

Postby Nellyphant » Wed Jul 11, 2012 7:54 pm

I just lost mine too. It's frustrating. I think we have to be completely housebound to get any help at all. I've had the occupational therapist out and had some bathroom stuff put in but most of the other we've bought ourselves.
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Re: Lost DLA tribunal

Postby denys » Wed Jul 11, 2012 8:05 pm

Talk to CAB and reapply, in the mean time speak to your doc for a referral to OT or self refer if its easier :hugs: :hugs: keep your chin up

you too Nellyphant :hugs: :hugs:

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Re: Lost DLA tribunal

Postby sootybean56 » Wed Jul 11, 2012 11:26 pm

so sorry about your dla
i got my hearing on 30th july really worried
why are the powers that be not listening to people
and how their lives are affected
if you are worse than your original claim
then try to claim on new grounds if you can

as for wrag i was placed in this but asked them to look
at it again and they put me in support group
although just until november not sure what happens then
its worth a go just to ask them to reconsider

goodluck :blowkiss:
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Re: Lost DLA tribunal

Postby pugbear » Thu Jul 12, 2012 8:58 am

I have just sent off the application for DLA, but i am not holding my breathe that i will be awarded it??? it seems as FMS is not taken seriously by the "powers that be" which is a farce considering the amount of suffers there are and just how dibilitating it can be!!!

I have a neigbour, that i know 100% receives DLA and gets a car etc etc and i know 100% that she doesn't need it...it's amazing what you hear over a garden fence!!!! her whole family are on benefits (4 grown up children) i even hear her telling her kids how to beat the system, what to say, what to do etc etc and i have to say it bloody infuriates me....i have gone as for as to write to the benefits people to express my concern; however there they are milking the system having never worked a day in thier lives!!!!
This benefits system is so flawed, i work fulltime( but i am not too sure that i will be able to continue, as its becoming too much) however i can't cook, get in and out of the bath, get up and down stairs, by the weekend i can barely move without assistance, i can't carry anything, BUT i know that i will not be awarded DLA!!! but ny neighbour who carries around her grandchildren, carries and does her own weekly shop, hangs out washing, mows the lawn etc etc gets highest level DLA and any other benefit thats going!!!
Sorry rant over!!! i get so frustrated....
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Re: Lost DLA tribunal

Postby animalhouse » Sat Jul 14, 2012 8:16 am

i agree nellyphant, more to the point bedbound.

i failed my reapplication recently - but they made sure they sent a letter prompt to my original application appeal (has gone to upper tier but waiting to hear ) to tell them i have been awarded lrc indef and whatever the appeal awrd will only be until april 2012.

how kind and prompt of them. :shock:

take care and the battle for pain when walking seems to be my fight 2 years down the line still even though i have now got a mobility scooter.
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Lost DLA tribunal

Postby anonymouse » Tue Jul 17, 2012 4:35 pm

Sorry to hear about your tribunal, I thought it was ironic that you say you can't cook a hot meal as that is the very test in law for lower rate care in all DLA cases.

I would have thought CAB should have just printed off the correct law on the statute books, highlighting the bit relevant to you and it should be job done! Alas, if we're only that simple.

For mobility component you sound eligible as you should be considered virtually unable to walk. Although I don't know your case. I've just copied this bit from my website for you as its what you need for mobility component:

Mobility Component Test

Higher Rate

The higher rate is payable to people who:

1. are unable or virtually unable to walk because of a physical disability or
2. are severely visually impaired and satisfy the conditions or
3. if 2. does not apply, then are both deaf and blind and satisfy the conditions or
4. are severely mentally impaired and
4.1 display severe behavioural problems and
4.2 satisfy the conditions for the highest rate of the DLA care component or
5. have had both legs amputated either through or above the ankle
6. are for any reason without both legs to the same extent as if they had been
amputated either through or above the ankle

One of the conditions for entitlement to the higher rate DLA mobility component is that the disabled person is unable or virtually unable to walk. People are considered to be unable or virtually unable to walk if their physical condition is such that:
1. they are unable to walk or
2. their ability to walk out of doors is so limited when considering
2.1 the distance over which or
2.2 the speed at which or
2.3 the length of time for which or
2.4 the manner in which
they can make progress on foot without severe discomfort, they are virtually unable to walk or
3. the effort needed to walk would put their life at risk or be likely to lead to a serious deterioration in their health.

This section contains a summary designed for Adults with Fibromyalgia. Other medical conditions may satisfy special conditions which are not listed here. Decision makers who make decisions about these benefits have far more detailed guidance available to them as this is only meant as a summarised guide. More detail has been provided on the term “Virtually unable to walk” as this is probably the condition most relevant to adults with Fibromyalgia.

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Lost DLA tribunal

Postby anonymouse » Tue Jul 17, 2012 4:41 pm

The get out clause they perhaps used was your medical state at time of appeal as one other user suggested. I would exhaust any appeal if you met the lawful criteria at time of appeal OR if you didn't then start a new application!

I went thought the same although the appeal letter that won actually read something like "I wish to appeal, I think you have made a mistake, I'm virtually unable to walk and can't prepare or cook a hot meal."

There reply was, sorry, have DLA for two years (Higher rate mobility, lower rate care) which is lawfully correct in my case. On the other hand long letter quoting act and section of law have bounced! Blizzare and down to the decision maker and how his/her day is going lol

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Re: Lost DLA tribunal

Postby jom2774 » Thu Jul 19, 2012 10:18 pm

I had my dla tribunal this morning and it was one of the worse experiences of my life. I send the last information before latest date and although had proof of special delivery post. They gave me a choice, I could either wait for another date or discount information. We went in and they said it was only about me as a person, not my daughter. I had to miss my daughters leavers assembly to attend.
The doctor was horrible and rude. I did tell him. Basically we can all get better from FM. Yeah right. Totally refuted that and so did my fellow sw colleague. Said although still able to do some work, half of it at home however as can't move too far on those days.
When it got to care side went well. They asked what I was like the previous year when I applied, said mum had to pick me up, although only bout 200 metres. Have help with shower and wash hair and get dressed. Then would have to go bed. Asked what changed to now, said nothing but now have formal care package after my mum went away. I had another fall, my 10 year old daughter packed her bags, couldn't cope and wanted to leave home. I swallowed pride and admitted I needed it, completely broke down over my daughter. I have 3 calls daily for pers care and meal prep and agreed direct payments now for 22.5 hours per week. Said without that would be completely unable to work and this would kill me as I love my job.
By the end, they finally agreed that during the day they would read my other evidence that they had only said they had just agreed. I should receive a decision in post by Saturday. Well its all in their hands now. If I don't get will re-submit new one next week. Either that or seek guidance on a judicial review, especially if its happening to a lot of people.
If any of you are going to tribunal, send your last piece of evidence about 21 days before date as same may happen. Good luck to all and don't give up.
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