Reasons why I failed my DLA Appeal

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Reasons why I failed my DLA Appeal

Postby ZooStar » Mon Feb 11, 2013 5:05 pm

Hi All,

I had another thread leading up to my appeal last week, but I have now finally received confirmation from the Tribunal Service why I lost my appeal.

Please bear in mind, the supporting evidence that my CAB rep sent in from my GP and consulant and his submission which was received on the 23rd January, was not received by the tribunal panel until 2 days after my hearing. The clerk of the court did give htem copies of my set of papers but it would appear that they didn't look at those. My GP's report stated lots of facts. SEVERE DEPRESSION Fibromyalgia, Chronic Fatigue, Fat Pad Disease affecting knees and knuckles, how I was rehoused by hte council into a bungalow on account of my disabilities and then went on to state it is his opinion I meet the criteria at probably the middle rate. I also had a Consultant report which documented I have trouble with self care due to pain and fatigue. Myself and the CAB thought they were excellent peices of evidence.

The strangest bit is where they say there are 'no muscular/skeletal/cognitive/FATIGUE reason why this should not be the case)

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6. The appellant is medically noted in the papers to have mild depression and a lack of motivation. She is not on anti-depressants. She is not on strong painkillers. She currently takes a pain moderator (Gabapentin)
At the time of the claim she was only on amitryptaline for fibromyalgia. She has been referred to the pain clinic and for CBT. Neither service has yet been taken up by the appellant.

7. The appellant gave birth to a child during September 2011. She is a single mother caring for her child on a daily basis. The appellant said that she had constant visotors throughout the day to assist with childcare. Ater about 5 months an infant would typically be resistant to constantly changing carers throughout the day and the tribunal concludes that the appellant would be performing the majority of the childcare herself (there is no muscular/skeletal/cognitive or fatigue reason why this should not be the case). The appellant tended to uinderstate the amount of daily childcare she provided but the tribunal concluded that it was likely to be implausable that a stream of different visitors would perform the majority of the child care.
The clinical findings of the medical examiner on 02.10.12 confirm that the muscular/cognitive/skeletal functioning of the appellant would be adequate for this purpose. As demonstrated by the appellants appearance during a 1hour 10 minute hearing her chronic fatigue and fibromyalgia is not seen to be a major obstacle to daily child care.
Pages 48 and 49 have a consultants opinion that the appellants M.E. and fibromyalgia are moderate. The appellants concentration was maintained throughout the hearing and the tribunal concluded that the appellant's claims in the papers and the oral hearing to have a lack of concentration when preparing a meal could not amount to a level of dysfunciton that would come within the terms of the meal test of care component of DLA. The appellants manual dexterity was sufficinet for completing her claim form in neat handwriting and for the occasional driving (during and about the time of the desicion appealed against).

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Basically, they didn't take any interest in my supporting evidence, regarded everythind I said as a lie, It took every little bit of everythign I had to get to and endure the appeal. I looked a mess as had been up all night worrying and couldn't get it together to barely get dressed. I told them about setting fire to things, dropping things, smashing my teeth out from falling, not being able to get up, getting periodontal disease from a neglect of self care, about my anxiety, how I end up not eating anything other than biscuits because planning a meal is overwhelming. How I get severe pain that makes me wish I could have my legs amputated. My nausea is overwhelming. Yes I can do certain things for my daughter, but at the time when she was little I couldn't - I had people helping whilst I tried to sleep. I tried to explain how my lack of self care is due mainly to not feeling worthwhile enough to help and is part of my self destruction and neglect. I told them about suicide attempts where I went into hospital in the past and how I failed to follow up doctors referrals due to depression. They didn't accept any of it.

I can totally see why people commit suicide after basically being accused of being a lier when you are in fact ill.
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Re: Reasons why I failed my DLA Appeal

Postby stealth49 » Mon Feb 11, 2013 6:39 pm

I can sympathise with you 100%.
when i had my appeal heard last year, it was very much in the style of yours by the sound of it.
my daughter took me to the appeal in her car, i was in a powered wheelchair, they had medical evidence from my gp and a council occupational therapist, and had a list of modifications to my home.
At the outset the 3 bench members could see I was not in a good state, the law person worded his questions in such a manner as to totally get me confused.( fibro fog had well and truly kicked in). on a couple of occasions when i couldnt get my answers out my daughter stepped in, but they totally ignored any of her remarks. he even made the remark as I had written an in depth letter stating my case then i could not possible have memory problems.Obviously their minds were already made up.

Supposed to be an independent tribunal service, but in my opinion its not possible to be independent when you are owned and paid by the uk government.
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Re: Reasons why I failed my DLA Appeal

Postby Pinkprincess205 » Mon Feb 11, 2013 7:12 pm

Afternoon
I just cant believe how the tribunal people treat us fibro sufferers. I would be so upset if i got the letter you did, basically making out your just lying, its really terrible. Are you fighting the tribunal?
I went to tribunal about 5 years ago when i first got ill, back then i only had a dizzy migraine condition. I found the people really friendly and yes asked lots of questions which confused me, but i went away wirh LRC and LRM. Since then i have developed fibro i got the DLA re looked at and without going to tribunal i got uped to HRM and stayed on LRC. in the past 6 months i have got worse and got the care componant looked at again but they kept me on LRC. I did think about appealing but after the trouble others had im not sure i would want to go through the tribunal process with fibro as they just dont seem to believe it exists.
Vic x
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Re: Reasons why I failed my DLA Appeal

Postby fibrocomfort » Tue Feb 12, 2013 12:44 am

Hi Pinkprincess205

I have been diagnosed with fibro in dec2012 i also have ostoarthritis in my knees ,cervical spondylosis alond with major deppressive disorder i get LRM for my disorder but have yet to look into applying to see if my rate will change its not due till Nov 2013

DO you think i should contact them and what should i ask them to do is it a reassessment ?
I am having more and more problems of which you would fully understand just feel i need someone who has been there


Many thanks in advance for any help


cas
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Re: Reasons why I failed my DLA Appeal

Postby Pinkprincess205 » Tue Feb 12, 2013 9:50 am

I sent you a om Cas.
Vic x
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Re: Reasons why I failed my DLA Appeal

Postby millymoodoo » Tue Feb 12, 2013 10:42 am

Hi

I really do feel for you, you must be devastated!! It is so wrong that we are being treated as though we are liars and cheats, they forget there are genuine and honest people out there just asking for some help. Its bad enough that we need the help as it takes some accepting and yes we would love to be living a normal life. There has been so much recently about benefit cheats etc but they forget that we are not all benefit cheats, we desperately need help to function. If you can find somewhere an error of law it could be worth with the help of cab fighting this as it is disgraceful the way you have been managed.

My thoughts are with you :goodluck2:
Millyxxx :-) :hugs:
Never look down on anyone unless you are helping them get up!!! When life hands you lemons, make lemonade!!! Everyday is a gift which is why we call it the present
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Re: Reasons why I failed my DLA Appeal

Postby stealth49 » Tue Feb 12, 2013 7:39 pm

Lisa,
yes you can appeal against a first tier tribunal panel, but there is a big but, in that it has to be proven that the first panel were wrong in the use of the law to make their decision.It is so hard to get to that point. I didnt agree with the way I got my decision, my daughter received a copy of the refusal but not me. I questioned it by writing to the tribunal courts and they replied saying thats what I said to do, which was a blatant lie. i could have fought against it but I was so ill with the fibro and my diabetes complications i didnt bother.
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