REfused again

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REfused again

Postby latmaz » Wed Jul 03, 2013 2:10 pm

so having lost my HRC and HRM after an ATOS inpsired medical and being refused at tribunal i thought i would re-apply. just had a letter from DWP and been refused again!!!! apparently i am miraculously cured despite various reports from my specialist saying i suffer a lot of pain and found day to day things very difficult.

we have no other money coming in as ESA was also refused at tribunal. i dont know what we are expected to do. there is no way in the world i can work. my specialist told me i would be in a wheelchair permanently if i even try to push myself harder (i also have oste-arthritis and damaged discs in my spine)

all this worry is making me worse and i just dont know what to do anymore. its like a black cloud. i know none of u can help but i just needed to tell someone

thanks for listening
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Re: REfused again

Postby kazza65 » Wed Jul 03, 2013 2:18 pm

Appeal again and if you look threw here people are sign something about rule 29....


Good Luck if i see it again i will post you a link
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Re: REfused again

Postby FluppyPuffy » Wed Jul 03, 2013 2:39 pm

kazza65 wrote:Appeal again and if you look threw here people are sign something about rule 29....


Good Luck if i see it again i will post you a link

Regulation 29 applies to ESA whereas this decision relates to DLA.

You really need some help with this from someone who knows the system well. Your local council should be able to tell you which groups and organisation are in your area who may be able to help you.

You could also have a look at http://www.benefitsandwork.co.uk/ There is a fee to pay to access the full site, but there is also a lot of info on the free~to~access parts as well.

If you haven't left it too long, you should be able to appeal the Tribunal's decision about your original claim/renewal. If this time has lapsed tho, then you need to look into appealing this new decision, ideally with some help to give you the best chance possible.
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Re: REfused again

Postby latmaz » Wed Jul 03, 2013 3:03 pm

fluppy there is no one in our area that can help i have asked all depts/associations etc to no avail. i will appeal again i have no choice but its soul destroying and beyond tiring

why the hell do these people feel they know better than the people who treat me??
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Re: REfused again

Postby FluppyPuffy » Wed Jul 03, 2013 3:22 pm

Contact DWP and request A Statement Of Reasons as to how they have reached their decision, and use that as your starting point. Pull it apart and highlight all the fantasies and fairy stories they have said about you.

Try and scour the web for as much info as you can find about the Appeals process, Tribunal system, current descriptors that need to be met to qualify for the levels you had been previously awarded, best way or templates that can be used to set out an appeal, then use all your evidence and research to show them how wrong their decision is, and how the way you are affected is why you were awarded the levels for care and mobility in your previous claim.

There is lots of info on here and the main site, and there is even more on the t'interweb, Don't just search for info relating to FM and/or other conditions you may have. Looking at info for those who suffer with other problems who have appealed successfully may give you some helpful additional pointers and ideas to include in your submission.

:goodluck2: :goodluck2: :goodluck2: :goodluck2: :goodluck2: :goodluck2:
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Re: REfused again

Postby latmaz » Wed Jul 03, 2013 5:03 pm

thanks fluppy., your help and support is appreciated

i have the statement of reasons from the first DLA tribunal and have written a letter asking for it to go to Upper tribunal saying there were points of law missed and also that it was unfair to me as i was in a freezing cold room visibly shivering for over an hour etc etc,

i just received the statement of reasons for my ESA tribunal which is like a fairy story or i was at another tribunal so i will probably do another letter for that to go to Upper

on top of that as i said i have no choice but to appeal this latest one. so ANOTHER letter!!!

if none of the above works i think i will give up cos my energy level is about zero

thanks again
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Re: REfused again

Postby denys » Wed Jul 03, 2013 11:18 pm

I agree will everything Flup has said but did you know Social Services can help with form filling and wading through all the red tape etc. it might be worth asking them for some help and with your disability they may even come to you :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed: :fingerscrossed:
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Re: REfused again

Postby latmaz » Thu Jul 04, 2013 8:23 am

thanks denys, my experience with SOcial services is not great and no doubt it would take months before i could even see them, the penalty of living out in the sticks is we dont get a lot of support

am building my energy up to sort out the letters etc over the weekend, hopefully some sun will help!!

before that i have the pain clinic at the hospital on friday to look forward (??!) too

thanks again
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