DLA Appeal Failed Again

Had my DLA appeal yesterday and once again it failed, that's three appeals turned down. I though this time I was better prepared, my GP wrote an excellent letter of support describing in details my difficulties as did the consultant at the chronic pain clinic. I went over the evidence they relied on which was a medical from a home visit I had last year for DLA and my medical for ESA. Really down about this. Yesterday was one of my really bad days to make it to the appeal my friend had to take me and physically support me as I was in so much pain. Despite having fibro, osteoarthritis, IBS, slight scoliosis of spine, overactive bladder, COPD an underactive thyroid, plantar fasciitis and severe migraine at least twice a week the tribunal do not think I have any care or mobility needs. I really feel like I am hitting my head off a brick wall. I had to give up work last year as I could not cope, I went from full time to part time but still could not manage. I now have mortgage arrears and may have to sell my home (if it sells in the current market) I have worked since leaving school and never claimed benefits, do they really think I would give up an excellent position and salary to claim benefit!!!! I have phoned for a statement of reasons and asked for the judges notes as well, hopefully there has been an error in law and I can appeal to the Upper Tribunal.

fibrofog wrote:

Had my DLA appeal yesterday and once again it failed, that's three appeals turned down. I though this time I was better prepared, my GP wrote an excellent letter of support describing in details my difficulties as did the consultant at the chronic pain clinic. I went over the evidence they relied on which was a medical from a home visit I had last year for DLA and my medical for ESA. Really down about this. Yesterday was one of my really bad days to make it to the appeal my friend had to take me and physically support me as I was in so much pain. Despite having fibro, osteoarthritis, IBS, slight scoliosis of spine, overactive bladder, COPD an underactive thyroid, plantar fasciitis and severe migraine at least twice a week the tribunal do not think I have any care or mobility needs. I really feel like I am hitting my head off a brick wall. I had to give up work last year as I could not cope, I went from full time to part time but still could not manage. I now have mortgage arrears and may have to sell my home (if it sells in the current market) I have worked since leaving school and never claimed benefits, do they really think I would give up an excellent position and salary to claim benefit!!!! I have phoned for a statement of reasons and asked for the judges notes as well, hopefully there has been an error in law and I can appeal to the Upper Tribunal.

Sorry to hear your bad news... what support have you had from "experts"? CAB or some other charity ?

Also did you get ESA ?

An error of law I think would get you back into the system but you need a smoking gun to get your claim through the system IMO

You need to take a step back take a few breaths then look at your case find your strong points and focus on them . Be hard on your self play devils advocate

look at your claim from there point of view think why would i turn it down 3 times.. what would have to be different to pass

you might need to put things in a differnt way to get your case across

for example you say
"slight scoliosis " the word slight wont help IMO

IBS and over active bladder dont stand high on the list with regards ESA so what do the DWP a to z say about them regards dla ? are they confusing the main problems you have in regards the claim ?

plantar fasciitis no comment

The main thing is don't give up, I am sure 3 times is not a record you still might in the end win wont be easy but the mods will be along with advise soon (bless them)

Thanks for the reply, I will wait and see what the statement of reasons say. I am totally thrown by this just now but in a few days will be more able to carry on. My application was last November and the decision taken in February so if I am right I can put in a new claim even if I am going ahead with an appeal to the upper tribunal.

fibrofog wrote:

Thanks for the reply, I will wait and see what the statement of reasons say. I am totally thrown by this just now but in a few days will be more able to carry on. My application was last November and the decision taken in February so if I am right I can put in a new claim even if I am going ahead with an appeal to the upper tribunal.

advice on new claim needs to come from a mod.. they will be along soon I bet

fibrofog wrote:

Thanks for the reply, I will wait and see what the statement of reasons say. I am totally thrown by this just now but in a few days will be more able to carry on. My application was last November and the decision taken in February so if I am right I can put in a new claim even if I am going ahead with an appeal to the upper tribunal.

You are correct in that you can make another claim for DLA while you are (considering) lodging an appeal to the UT.

Thanks I will call again for a form and put in a new claim. I took supporting evidence with me from my GP and the chronic pain clinic and the referral to Occupational Therapy to assess my needs in my home, don't know if any of this was taken into consideration. There is nowhere local to get assistance with this which is a pity. However I can't let them get me down, as Robert the Bruce said if at first you don't succeed try try and try again!!!