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Won my DLA Appeal!

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12 years 8 months ago #61102 by melrose
Won my DLA Appeal! was created by melrose
I had my DLA tribunal yesterday. I was lucky as the ATOS doctor who came to my home actually wrote me a wonderful report which totally supported me.
I went to the tribunal yesterday and was in there only 11 minutes before i was sent out. BTW, before the actual tribunal, my case had been sent back to the DWP for reconsideration in light of the EMP report, they still declined my application. Laughingly they declined it because the doctor wrote that he was unable to complete the examination as he was causing me too much pain. The DWP gave its reasons for declining as, because the examination was not completed due to extreme pain, i was not entitled to DLA :dry: Yep.... me too... total craziness.
Anyway, i was awarded high rate care and mobility, indefinite award. I am absolutely elated. Actually the word is exonerated... this system of treating you as guilty until you can prove yourself innocent is like a trial, even a murderer is innocent until proven guilty. Ive been in the appeal process for 13 months and it has been an ordeal.
However, the tribunal panel were great, very fair. At the end, i said i wanted to thank the doctor who came because he had been really fair and had listened to me, they said he was the 'toughest' they had in our area so if he said i was entitled to it (which he did in his report) then they were not going to dispute it.
I want to thank this site for all the wonderful help and guidance. I prepared my case using this site and even though what i had prepared was not necessary in the end, i feel the help, support and encouragement saw me through some very dark times when i felt like giving up.
Thank you so much.

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12 years 8 months ago #61109 by Steve Donnison
Replied by Steve Donnison on topic Re:Won my DLA Appeal!
Hi Melrose,

Congratulations on your successful tribunal.

The decision makers reason for not accepting the health professional's report is nothing short of outrageous and you would be entirely entitled to make a complaint about their lack of adequate training and knowledge.

Interesting to hear how the panel make judgements based, in part, on their opinion of the visiting doctor.

Congratulations again.

Steve

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • peterjclive
12 years 8 months ago #61112 by peterjclive
Replied by peterjclive on topic Re:Won my DLA Appeal!
hi melrose well done the DWP must have thought it was april 1st what a shambles peter

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12 years 8 months ago #61154 by melrose
Replied by melrose on topic Re:Won my DLA Appeal!
Thanks for your comments. I was thinking of making a complaint Steve but my Welfare Rights Worker wants to make a complaint on my behalf.
I had already contacted Ann Begg MP about my case some time ago and she did ask me for a copy of my report and anything else i had plus the decision notice so i shall send that to her. She is one of the few trying to fight for fairness so i hope my case can be of use to her.
Once again thanks for all the help and support, it has been invaluable.

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  • zombii
12 years 8 months ago #61170 by zombii
Replied by zombii on topic Re:Won my DLA Appeal!
Congratulations, Lovely!

Isn't it great to not have that horrid, nagging worry in the back of your mind?

Ratch
x

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12 years 8 months ago #61925 by TOSCAMYRA
Replied by TOSCAMYRA on topic Re:Won my DLA Appeal!
hi, so glad for you, finally getting what you know your entitled to, well done. I have asked for dla to be looked at again, (not for me) for someone with severe learning disabilies/physical disabilities, i am their carer along with my husband for almost 20yrs, they have indefinate awards for low rate mobility and middle care, as far as I know they have never had any kind of revue,for certainly the past 30yrs. The person in question was born with their disabilities,they have downs syndrome. Now after years of relising that they should have been on higher rate for both care and mobility, and also since their health has deterioated in a lot of ways as they age, we were advised to ask for rewards to be looked at again by the social worker. The forms were sent 2 weeks ago, and we have been on pins ever since, as we have read lots of remarks saying that there's a possibility that they may reduce the rewards, I can't see how they can? but they do the most unexpected things as you know first hand, glad you got there in the end its fingers crossed for us, take care dusky x

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