Bad news but not through lack of advice!!

Firstly i really have to say a big thankyou to this site for all the help and advice you gave to me and continue to give to everyone. Unfortunatly my claim for DLA has been turned down again. I have Fibromyalgia and Deppression and was diagnosed 20 years ago with both and have been treated for both over that time. I applied for DLA 15 years ago and 6 years ago being turned down flat at the first post. Last year i was so bad i was virtually housebound for nearly a year, i applied again for DLA, had a terrible atos doctor home visit, was turned down flat again after atos said i had 'no problems' had full movement and wasnt being treated for either. I went to appeal, collecting info from my consultant saying i had restricted global movement and proof of medication. (previous request to doctor from atos for info came back patient not seen by me as my GP was away and i have moved around a fair bit.) My appeal was also turned down. Where did I go wrong with having all this info from the site and proof of illnesses? I didnt go to the appeal i opted for a paper appeal because i didnt feel i could go through with sitting in front of strangers discussing my most intimate problems, but that is one of the reasons i have had depression for so long, not being able to discuss my problems. So my advice to anyone claiming DLA or any other benefit is:
Make a diary for about a month before filling in your forms so you can put everything in your claim that affects you.
Get all the proof you can yourself from doctors, consultants etc. If you have had your illness for years include everything you have (not just recent stuff like i did because if a problem has been going on for ages its likely your not seeing anyone except a GP and in most surgeries you dont see the same one regulary anyway.)
Have an adult with you during the atos medical, preferably taking notes. (something i did not do as another part of my depression is I dont have contact with anyone except my children so didnt have anyone who could sit in. this was a big mistake and i regret not getting help)
If you are turned down GO TO APPEAL. Not a paper one and get help from someone.
Good luck to everyone who has had sucess and those still trying.
Tracy

fibromum7 wrote:

Firstly i really have to say a big thankyou to this site for all the help and advice you gave to me and continue to give to everyone. Unfortunatly my claim for DLA has been turned down again. I have Fibromyalgia and Deppression and was diagnosed 20 years ago with both and have been treated for both over that time. I applied for DLA 15 years ago and 6 years ago being turned down flat at the first post. Last year i was so bad i was virtually housebound for nearly a year, i applied again for DLA, had a terrible atos doctor home visit, was turned down flat again after atos said i had 'no problems' had full movement and wasnt being treated for either. I went to appeal, collecting info from my consultant saying i had restricted global movement and proof of medication. (previous request to doctor from atos for info came back patient not seen by me as my GP was away and i have moved around a fair bit.) My appeal was also turned down. Where did I go wrong with having all this info from the site and proof of illnesses? I didnt go to the appeal i opted for a paper appeal because i didnt feel i could go through with sitting in front of strangers discussing my most intimate problems, but that is one of the reasons i have had depression for so long, not being able to discuss my problems. So my advice to anyone claiming DLA or any other benefit is:
Make a diary for about a month before filling in your forms so you can put everything in your claim that affects you.
Get all the proof you can yourself from doctors, consultants etc. If you have had your illness for years include everything you have (not just recent stuff like i did because if a problem has been going on for ages its likely your not seeing anyone except a GP and in most surgeries you dont see the same one regulary anyway.)
Have an adult with you during the atos medical, preferably taking notes. (something i did not do as another part of my depression is I dont have contact with anyone except my children so didnt have anyone who could sit in. this was a big mistake and i regret not getting help)
If you are turned down GO TO APPEAL. Not a paper one and get help from someone.
Good luck to everyone who has had sucess and those still trying.
Tracy

Hi,

Sorry to hear about the outcome of your appeal.

As you have said 'go to appeal and not a paper one'. The appeal tribunal is in effect a 're-run' of your claim, and if you attend an oral tribunal it does give the panel chance to both observe you and speak with you to clarify things. If an 'on paper' tribunal, all the panel have to work with is the paperwork.

As Jim (our tribunal expert and former tribunal member) often says, it is not new evidence which helps the panel form a decision, but being able to see and speak with the claimant.

Also seeking face to face advice before and representation at the tribunal can help a great deal and give one confidence to have an oral tribunal.

I think you know these things but others may read your post and not be aware. It may also be worth asking the tribunal for a copy of 'the statement of reasons' and going through it face to face with an adviser to check to see if any 'errors of law' have occurred, which may help to go forward to a second tier tribunal. If not, at least it will help to show how the tribunal made their decision based on the paper evidence which may help if you reapply in the future.

Pete

Hi everybody

Good news.

My husband has been ill and claiming IB for the last 4 plus years.

He has a severe liver and lung disease which has now deteriorated to the stage of needing a liver transplant. He is going in for assessment on 11th July.

He also has other problems related to arthritis and cognitive problems relating to liver complications.

I applied for DLA thinking that the way things are at the moment we would have no chance.

I went in to my bank account today and found a large amount has been credited by DWP.

I rang them and they have told me a letter is on it's way and my husband has now been awarded the High Mobility Rate.

Only thing is I did tick box saying he had been ill for some months but they have only awarded from claim date. Am waiting for letter to see why no back pay. But I still see this as a good result, especially as they are trying to knock everybody off.

When I filled the form in I reiterated his problems over and over again as I answered each question. Maybe this helps as they can't bypass anything it is continually in front of them

Good luck to any body else that is trying.

Carole

Hi
I am sorry to hear that your husband is so unwell. I had a liver transplant for similar in 2006. I am just about to go to appeal for care element.

When I had my transplant assessment a social worker completed my form in the hospital and the benefit was granted when I came home. I don't know if that is of any help.

Hope the assessment went ok and every good wish for the future.

Tyleri

Hi fibromum

Sorry to hear the results of your appeal.

Don't despair though - if your condition has got worse or there are other deteriorating changes you can then make a new claim.

With hindsight you now know what would help with this. Visit your GP regularly and get everything about your condition recorded. Be open with your GP however embarrassing. Tell your GP about the result of your appeal and tell him/her that you are making a new claim and ask if they will suport you.

Look through all the info in the members area to help you.

Good luck