Good News DLA Awarded At Tribunal.

Hello Everyone, I thought I would share my good news with you all as yesterday I had to attend my DLA tribunal at Barnstaple Devon, I was awarded lower rate of the care component so that will give me around an extra £20 a week I believe .
I had great support from my friend and carer known a S (you know who you are ) the CAB also provided a brilliant representative he put me at my ease and told me what would happen on the day etc and was accommodating with regard to my illness and various problems a BIG THANK YOU GOES TO HIM ,and it goes without saying a BIG THANK YOU also to this site,I have learned alot here I appreciate the hard work put in by everyone on Benefits and Work,let us all stick together and help each other get what we are entitled to in these very difficult times.
I would like to encourage anyone to pursue their claims if they find themselves having to go to Tribunal as in my experience it's not that bad so go for it!!.
I would add be aware the tribunal may ask how you got there, where you were dropped off by/near the building, if you are being driven by car get dropped off as near the court/hearing building as is possible and insist on using the lift if you have to go up floors to attend, give yourself time to stop as needed.
That said I was disappointed not to have been awarded any part of the Mobility component on the grounds that my fibromyalgia was regarded by the tribunal as a mental condition and not a physical one, I maintained I cannot walk more than 40/50 meters without severe pain and having to stop I also have breathing problems,they asked what caused me not to be able to walk this distance I replied my legs were painful, weak and spasmodic caused by nerve damage when I had failed spinal fusion,I also have breathing difficulties which are caused by pain in my left rib cage I have a scared lung too caused by viral pneumonia, I was disappointed and surprised that they based their decision on my Fibromyagia and not my answer to my mobility problems ie my legs being the main problem, would it be possible to challenge the tribunals decision? has anyone had a similar situation? what do you all think.
Best wishes Condor..

Condor wrote:

Hello Everyone, I thought I would share my good news with you all as yesterday I had to attend my DLA tribunal at Barnstaple Devon, I was awarded lower rate of the care component so that will give me around an extra £20 a week I believe .
I had great support from my friend and carer known a S (you know who you are ) the CAB also provided a brilliant representative he put me at my ease and told me what would happen on the day etc and was accommodating with regard to my illness and various problems a BIG THANK YOU GOES TO HIM ,and it goes without saying a BIG THANK YOU also to this site,I have learned alot here I appreciate the hard work put in by everyone on Benefits and Work,let us all stick together and help each other get what we are entitled to in these very difficult times.
I would like to encourage anyone to pursue their claims if they find themselves having to go to Tribunal as in my experience it's not that bad so go for it!!.
I would add be aware the tribunal may ask how you got there, where you were dropped off by/near the building, if you are being driven by car get dropped off as near the court/hearing building as is possible and insist on using the lift if you have to go up floors to attend, give yourself time to stop as needed.
That said I was disappointed not to have been awarded any part of the Mobility component on the grounds that my fibromyalgia was regarded by the tribunal as a mental condition and not a physical one, I maintained I cannot walk more than 40/50 meters without severe pain and having to stop I also have breathing problems,they asked what caused me not to be able to walk this distance I replied my legs were painful, weak and spasmodic caused by nerve damage when I had failed spinal fusion,I also have breathing difficulties which are caused by pain in my left rib cage I have a scared lung too caused by viral pneumonia, I was disappointed and surprised that they based their decision on my Fibromyagia and not my answer to my mobility problems ie my legs being the main problem, would it be possible to challenge the tribunals decision? has anyone had a similar situation? what do you all think.
Best wishes Condor..

Hi C,

Thanks for letting us know of your DLA appeal decision.

You can only appeal a First Tier Tribunal Decision to the Upper Tier on a point of law.

If you are considering this option, I would advise that you re-contact your CAB Rep, as it is not a straight forward issue, and you would need face to face specialist advice.

bro58

bro58 wrote:

Condor wrote:

Hello Everyone, I thought I would share my good news with you all as yesterday I had to attend my DLA tribunal at Barnstaple Devon, I was awarded lower rate of the care component so that will give me around an extra £20 a week I believe .
I had great support from my friend and carer known a S (you know who you are ) the CAB also provided a brilliant representative he put me at my ease and told me what would happen on the day etc and was accommodating with regard to my illness and various problems a BIG THANK YOU GOES TO HIM ,and it goes without saying a BIG THANK YOU also to this site,I have learned alot here I appreciate the hard work put in by everyone on Benefits and Work,let us all stick together and help each other get what we are entitled to in these very difficult times.
I would like to encourage anyone to pursue their claims if they find themselves having to go to Tribunal as in my experience it's not that bad so go for it!!.
I would add be aware the tribunal may ask how you got there, where you were dropped off by/near the building, if you are being driven by car get dropped off as near the court/hearing building as is possible and insist on using the lift if you have to go up floors to attend, give yourself time to stop as needed.
That said I was disappointed not to have been awarded any part of the Mobility component on the grounds that my fibromyalgia was regarded by the tribunal as a mental condition and not a physical one, I maintained I cannot walk more than 40/50 meters without severe pain and having to stop I also have breathing problems,they asked what caused me not to be able to walk this distance I replied my legs were painful, weak and spasmodic caused by nerve damage when I had failed spinal fusion,I also have breathing difficulties which are caused by pain in my left rib cage I have a scared lung too caused by viral pneumonia, I was disappointed and surprised that they based their decision on my Fibromyagia and not my answer to my mobility problems ie my legs being the main problem, would it be possible to challenge the tribunals decision? has anyone had a similar situation? what do you all think.
Best wishes Condor..

Hi C,

Thanks for letting us know of your DLA appeal decision.

You can only appeal a First Tier Tribunal Decision to the Upper Tier on a point of law.

If you are considering this option, I would advise that you re-contact your CAB Rep, as it is not a straight forward issue, and you would need face to face specialist advice.

bro58

Hi again C,

You could have a look also at Page 15, of the Appealing against a DLA Decision, Guide, with regard to Upper Tier appeals from this link. :


www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

bro58

Hi Condor,its so wrong to class fibromyalgia as a mental condition, I have been to a conference re fibromyalgia, as was told it has been recognised by dwp now for ( I believe 10 yrs) and no mention of it being a mental problem,which it certainly is not.
I Have the same problems as you,and have to use a wheelchair on ocasions, how can that be mental, seems to me your better off if your a druggie,I am waiting for my reply ,in the meantime after reading this I think I will write to my MP,do you belong to a support group?

fibromyalgia is indeed a medical condition regognised by the GMC. surely an appeal on the fact they made their decision based on incorrect information should have that decision annuled? a fibromite myself I'm really foggy today so sorry if the spelling is really bad and I don't make sense
Unfortunately there are still Doctors who wrongly believe FMS is 'all in the head' despite all medical proof to the contrary you had extreme bad luck to get one at your appeal.
you must get help on this
Fibro ((hugs))
good luck
Linda

Hi Linda, thanks for your reply,would you know if I can request a copy of the tribunals decision? if so how do I go about this? surely all decisions must be made using one belief and fact ie fibromyalgia is either one thing or the other?
I believe the trbunal panel used their decision as a cop out to not award me any mobility component.
Bext wishes Condor//