dla tribunal

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dla tribunal

Postby debbie41 » Fri Mar 22, 2013 11:25 am

hi, i had my tribunal on tues 19th march, and i a pleased to say i won it!! :-D i had my dla reduced to lr care only from hr care and hr mobility, now that i have won it has been put back to hr care and mobility. so relieved by this decision. this now means that i can get a motabilty car again and be able to go places without the stress of having my partner/f/time carer pushing me in a wheelchair, which limited where we could go as he suffers from severe back pain. just thought i would share a bit of good news with the group and give people some hope that success stories do happen in tribunals. :lol: :lol: :lol:
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Re: dla tribunal

Postby macca » Fri Mar 22, 2013 11:46 am

Brilliant news, always good to hear a success story.

Its just ubelievable how wrong dwp & atos can get it. And the bit that really gets me is that there's no penalty on them when they royally stuff it up. And thats on top of the claimant being treated like a criminal from day one.

I documented on here how my wife was eventually put in the support group for ESA after a 15 month fight which included a tribunal, only for DWP to tell her that she should have been put in that group from the beginning. Yet they were happy to go to tribual on the strength of Atos's fairy tale nurse authored report which was totally out of synch with every other piece of medical evidence that my wife has.

We'll have to go through the ESA ringer again later this year so that will be loads of fun. Then the DLA to PIP conversion in October 2015 as she currently has an indefinite award. It'll be interesting to see how that one pans out having been on Higher Rate DLA Mobility for the last 20 years. What are the chances that when the time comes she'll have made a miraculous recovery and be given nothing ?

Any way keep heading the bricks, fight all the way.

Macca
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Re: dla tribunal

Postby debbie41 » Fri Mar 22, 2013 12:39 pm

hi macca, i have just been reading on here the points award system for pip and i should qualify for the enhanced rate on both components, have you read it yet? this is the first time i have had to go to tribunal but i told the truth and they must have believed me. the atos doctor that came to see me at home wrote all the opposite of what i told him, he even put that i could walk 90m in 1 1/2 mins which i laughed at because as soon as my foot hits the ground i am in severe pain and can only manage a few steps without having to stop. sorry to hear about the trouble your wife had with esa i have just started getting esa and have not done the part for groups activity yet but i am not looking forward to it after reading the horror stories about it. take care for now and thank you for your reply :-D :lol:
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Re: dla tribunal

Postby li-li » Fri Mar 22, 2013 12:47 pm

Congratulations, it's great to hear the good stories. I had my dla tribunal on 19th March as well and am waiting for the letter to drop. The dr I had on the panel was very aggressive and I found the whole thing very upsetting. I was on high mobility and low care before but just don't know how they will have decided as dwp refused me any dla at all.
So glad you can start getting out again, it's horrid being separated from the outside world for so long :-D
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Re: dla tribunal

Postby macca » Fri Mar 22, 2013 1:14 pm

Hi Debs, yeah in theory my wife should get high rate pip mobility across 2 mobilising descriptors. However......... we'll wait and see what happens in reality.

Hopefully we'll be able to keep her in the ESA support group when she's reassessed in december so if that does happen then she'll be going into the pip assessment having been on high rate DLA mobility for over 22 years and will have been in the ESA support group for 4 years

Time will tell.

Macca
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Re: dla tribunal

Postby shellyjean » Fri Mar 22, 2013 7:59 pm

Hi debbie41

Can you give me any advice on the dla tribunal hearing. I have had a date for mine for the 25th march but have now received a letter telling me that it has been postponed till further notice. I am dreading it. i dont know what to say and how to explain how i feel. I had a car but it was taken away last year when the DLA stopped my benefit. any advice would be very much appreciated. I am so stressed with it all at the moment. many thanks
I am really pleased for your outcome. its unreal how much money is wasted on all these hearings.
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Re: dla tribunal

Postby debbie41 » Sat Mar 23, 2013 3:02 pm

hi shelly, i went to the citizens advice with my notes and someone from there typed up a submissive for me to hand to the clerk. when i went in to the tribunal i suddenly became very nervous but knew i had to be strong. i was fortunate to have 3 women on the panel who were all very nice although i did feel some of the questions were to try and catch me out, but i answered them truthfully. the best advice i got from the citizens advice was "this is your turn to tell your part, how everyday feels, let them know what it feels like to live in pain". i explained that everyday feels like i have excerised for the first time in ages and that heavy feeling of dragging yourself around. i tried not to get upset but you cant help it, but dont go in with a dismissive attitude that they are against you just explain in as much detail how your affected by the decision but remember they only want to know how you were at the time your dla stopped. when asked a question say about can you make yourself a coffee or something to eat, if you have difficulty in doing so tell them dont say you can and leave it at that, let them know if you spill it or drop things. but the best advice i can give is go in there and let them know your side of things and how much you struggle now you dont have a car, i had to go into a wheelchair when my car was taken back because i couldn't manage to walk any further than approx 1/2 a house length with out pain, if its the same for you you have to tell them exactly thats how it is. best of luck with your tribunal let me know how it goes i will keep my fingers crossed for you and hope you have success :-) :-)
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Re: dla tribunal

Postby debbie41 » Sat Mar 23, 2013 3:10 pm

hi macca just a quick question are you your wifes carer? if so why are you not getting income support in stead of esa, i was put on esa after my dla was reduced but now i have been put back up on my dla i am now on income support again as my partner is my full time carer. i was just thinking about it last night cause you would be entitled to more money on income support than esa.
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Re: dla tribunal

Postby macca » Sat Mar 23, 2013 7:20 pm

Hi Debs, no i'm not her full time carer as i have to work full time but its something we considered for our daughter when she finishes college if she struggles to get a job. She's been trying to get a part time job for 18 months and hasn't had a sniff of anything. She's even trying to volunteer for the specials and despite them scaling back the numbers of paid police, she's finding it hard to get the ball rolling.

Mac
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