I have fibromyalgia and cfs(me) dla tribunal help

hi, i have a tribunal appeal in two weeks time - I have fibromyalgia and cfs and was given the lower rate dla, any advise on trying to get higher rate?

Hi Tracy

Welcome to B&W. You will find the resources on DLA & Appeals in the orange section on the left by clicking Members Only.

You need to be prepared for a lot of questions from the tribunal members, which should consist of a legally qualified chair, a disabled member and a doctor. You can submit any evidence you have about the help you need in advance, to give the tribunal time to read it.

Please remember that its not just the medical conditions you have, but the help you need coping with it that qualifies you for DLA.

You need to say e.g. Due to my FM I am so tired in the morning that I need help getting out of bed, having a wash, taking my medication, I need someone to accompany me out, and so on, (if this is the case).

As you currently have LR, (care I presume) its possible for a tribunal to remove that award, as well as increase it.

Once you have read through the Members section, please let us know if we can be of any further help.

Regards

Michael

Hi, First of all the best of luck. I too have both these condtions but at the time of my Tribunal I had only been diagnoised with ME/CFS. My advice is to think about how you use to be (prior to the illness - I know its not nice remembering what you could do). We have to adapt all aspects of our life and as these have now become routine we forget that healthy people do not have to do these things just to survive. Another good tip is to write out a diary for a day and what do and how you have to cope to just get by. Take someone with you and ask for breaks if you need them. Take our time and dont be bullied into answering if you need time to absorb what they are asking you. Take care

Lorraine wrote:

Hi, First of all the best of luck. I too have both these condtions but at the time of my Tribunal I had only been diagnoised with ME/CFS. My advice is to think about how you use to be (prior to the illness - I know its not nice remembering what you could do). We have to adapt all aspects of our life and as these have now become routine we forget that healthy people do not have to do these things just to survive. Another good tip is to write out a diary for a day and what do and how you have to cope to just get by. Take someone with you and ask for breaks if you need them. Take our time and dont be bullied into answering if you need time to absorb what they are asking you. Take care

Lorraine, good advice thank you. As the OP already has an award in place, additional evidence will need to be given about increased care needs, in order for a higher award to be given. Tribunals have and do exercise their power to take away existing awards. Only fair to warn of this.

B&W Members Only resources cover all aspects of DLA awards and tribunals.

M

Hello just read your post .i have fibromyalgia ,as well as arthiritis ,and herniated disc in my neck .I Have just recieved full mobility ,and lower rate care ,i took everything i had all letters and reports from my consultants ,even physio letters ,chiropractors reports,anything you have relevant .i wrote down all i wanted to say ,i asked if i could use this first ,as i forget my words and what im talking about due to my fbs. They asked me lots of questions regarding my illness what i could do couldn't do etc,how far i could walk ,etc. after reading appeals pages on this site it helped .I was asked if i thought the visiting atos Doctor had got it wrong i said in my oppinion yes she had got everything wrong ,did'nt take notice of reports mri scans or anything else i had to support my claim .My husband came in with me ,i also had a solicitor doing all my paper work etc and independant doctors fantastic report .backing me up as well .Good Luck .fight it .hugs yalilassy

Hello just read your post.i have fibromyalga and depression after having cancer.I am tiring for the second time at a tribunal for dla and waiting for a date,they say it will be in the new year. I am not looking forward to it,i have given them all the info i have and i have some support form DHA to take with me.