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DLA...2 tribunals, 3 yrs, no award. Advice please!

  • Emma1980
  • Topic Author
11 years 3 months ago - 11 years 3 months ago #95495 by Emma1980
Hi everyone. This is a very long winded story, but I shall keep it a short as possible! So I apologise profusely in advance!!!! :blush: :blush: :blush:

I applied for DLA 3 years ago, as my health had deteriorated since I had my daughter, who is 5 next month. I have been on IB for a number of years, due do chronic back pain and depression. I was told I had ligamentitis in my spine when I was 21 (11 years ago).
I applied for DLA on the basis of my back being a lot worse, to the point that walking a few steps caused absolute agony, and on more than a few occasions I couldn't even stand with a walking stick. :(
I'd never applied before, so I filled in the form as I'd done with my IB renewal forms. I didn't put as much detail as I could, and at that time I didn't know what was causing this bad pain. I was under investigation though for neurological problems, which I put on the form.
3 months later, I was diagnosed with Multiple Sclerosis. I was then dx with fibromyalgia 10 months later. This also explained all of the other things that were happening to me, which I didn't put on the form, as I wasn't aware they would be relevant. And the pain in my back is caused by muscle spasms, which are caused by permanent nerve damage.


I had a medical, attended with my mom, and the assessor failed to report key info my mom and I gave him regarding personal care, and the help I received; along with ignoring my problems with walking, amongst other things. He [phrase removed] was disgraceful with his attitude, to the point of me being in tears in there!
Anyway, I was turned down for DLA, so I appealed and went to tribunal. They still turned me down, so I appealed against that, and had another tribunal, this may, at which there was also a member of the DWP.
This time, the statement of reasons was very detailed, so as to cover their backs so I couldn't appeal because on the basis of there not being enough information.
Obviously I'm very angry with the result. And I'm especially angry because they chose to again (as did the previous tribunal) go with the report from the medical, rather than my evidence and a letter from my MS nurse.

All of the stress and upset that this whole process has caused, caused me to have relapses, which has left permanent nerve damage.

The reason for my post is, I still want to appeal, and I want to report it to my local MP ( if it may help), and put a complaint in against ATOS ( due to having 3 medicals in the last 4 years (1 for DLA), and them all basically [Mod Edit]). :angry:
In the SOR, they compared me to a 'normal' person of my age, who would be able to walk further, and that levels of pain like mine are unlikely in someone my age (despite them knowing I take 800mg of tramadol EVERY day)!!!! MS is a young persons disease, with dx typically being made in the 20's or 30's.
In my eyes, there is a lot of discrimination against me in the SOR. As I said, the SOR is very detailed, so there's other things I'm narked about, but its too much to put in this, already too long, post!
I'm determined not to let it go, because I feel I'm being discriminated against for having an 'invisible' disease. :angry:
Would anyone be able to point me in the right direction of where to go, as I am exhausted from all of this, but I'm still determined to take it further!

I'm also now having to deal with the results from my ESA medical giving me ZERO POINTS!!!! And if any of you know about MS, the slightest amount of stress can cause a relapse. So I'm really struggling. :(
Last edit: 11 years 3 months ago by . Reason: Removed potentially libellous comment

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11 years 3 months ago #95504 by Gordon
Emma

To try and deal with your DLA problems first.

You made a claim for DLA about three years ago, but were turned down. You appealed the Decision but the panel found against you. You appealed this Decision, and I assume it was Set Aside and your were given a new hearing. This panel also failed to find in your favour.

Assuming the above is correct, you can only appeal a Tribunal Decision if you can show there has been an Error of Law, not because you disagree with the Decision, see

What is an Error of Law?

The first stage to thie is requesting a Statement of Reasons from the Judge, see

Tribunals – Requesting a Statement of Reasons

Once you have this SoR, you will have one month to then lodge a further appeal.

Appeals to the Upper Tribunal can take as long as 12 months to progress, so you might want to think about making a fresh claim for DLA in the interim, which can run in parallel to any other action you might take.

In either case, I would strongly recommend that you get face to face advice regarding your situation, appealing to the UT requires specialist assistance which we cannot give on the forum.

The rules for appealing an ESA decision are the same as DLA, the following FAQs may be of assistance

How long do I have to appeal?

How to submit an appeal

Disability Rights UK Factsheet - Appeals and reconsiderations

Our ESA Appeal and Claim guides are available on the following link.

www.benefitsandwork.co.uk/help-for-claimants/esa

Gordon

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

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 3 months ago - 11 years 3 months ago #95571 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA...2 tribunals, 3 yrs, no award. Advice please!
Emma1980 wrote:

Hi everyone. This is a very long winded story, but I shall keep it a short as possible! So I apologise profusely in advance!!!! :blush: :blush: :blush:

I applied for DLA 3 years ago, as my health had deteriorated since I had my daughter, who is 5 next month. I have been on IB for a number of years, due do chronic back pain and depression. I was told I had ligamentitis in my spine when I was 21 (11 years ago).
I applied for DLA on the basis of my back being a lot worse, to the point that walking a few steps caused absolute agony, and on more than a few occasions I couldn't even stand with a walking stick. :(
I'd never applied before, so I filled in the form as I'd done with my IB renewal forms. I didn't put as much detail as I could, and at that time I didn't know what was causing this bad pain. I was under investigation though for neurological problems, which I put on the form.
3 months later, I was diagnosed with Multiple Sclerosis. I was then dx with fibromyalgia 10 months later. This also explained all of the other things that were happening to me, which I didn't put on the form, as I wasn't aware they would be relevant. And the pain in my back is caused by muscle spasms, which are caused by permanent nerve damage.


I had a medical, attended with my mom, and the assessor failed to report key info my mom and I gave him regarding personal care, and the help I received; along with ignoring my problems with walking, amongst other things. He [phrase removed] was disgraceful with his attitude, to the point of me being in tears in there!
Anyway, I was turned down for DLA, so I appealed and went to tribunal. They still turned me down, so I appealed against that, and had another tribunal, this may, at which there was also a member of the DWP.
This time, the statement of reasons was very detailed, so as to cover their backs so I couldn't appeal because on the basis of there not being enough information.
Obviously I'm very angry with the result. And I'm especially angry because they chose to again (as did the previous tribunal) go with the report from the medical, rather than my evidence and a letter from my MS nurse.

All of the stress and upset that this whole process has caused, caused me to have relapses, which has left permanent nerve damage.

The reason for my post is, I still want to appeal, and I want to report it to my local MP ( if it may help), and put a complaint in against ATOS ( due to having 3 medicals in the last 4 years (1 for DLA), and them all basically [Mod Edit]). :angry:
In the SOR, they compared me to a 'normal' person of my age, who would be able to walk further, and that levels of pain like mine are unlikely in someone my age (despite them knowing I take 800mg of tramadol EVERY day)!!!! MS is a young persons disease, with dx typically being made in the 20's or 30's.
In my eyes, there is a lot of discrimination against me in the SOR. As I said, the SOR is very detailed, so there's other things I'm narked about, but its too much to put in this, already too long, post!
I'm determined not to let it go, because I feel I'm being discriminated against for having an 'invisible' disease. :angry:
Would anyone be able to point me in the right direction of where to go, as I am exhausted from all of this, but I'm still determined to take it further!

I'm also now having to deal with the results from my ESA medical giving me ZERO POINTS!!!! And if any of you know about MS, the slightest amount of stress can cause a relapse. So I'm really struggling. :(


Hi Emma,

Apologies for delay in replying, but I have been away for a few days.

I am very sorry to hear of your problems regarding claiming DLA.

I was diagnosed with remitting/relapsing MS when I was 42 years of age and on Boxing Day I'll be 72 years of age, and now have secondary progressive MS and don't have any remissions.

As I'm sure you're aware, DLA is awarded based on any care and/or mobility needs and not
because of a named diagnosis. In the early years of my MS I didn't receive DLA because my mobility and care needs didn't satisfy the criteria, but now on HRM & HRC.

Based on my personal experience, you really need 'face to face' advice from a qualified Benefits Adviser with good experience of DLA and Appeals. As you have a confirmed diagnosis of MS, then the MS Society should be able to offer assistance and provide details of a local adviser in your area. It doesn't matter whether you are a member of the MS Society or not, they will still offer advice to anyone with MS.

Both Decision Makers and Tribunals use the the DWP A-Z of Medical Conditions to help them assess claims.

If you click on this link, it will give you specific information from the DWP's guide on Multiple Sclerosis

If after reading the above you need further advice/information, just post again and I'll do my best to assist you further, although I cannot offer advice specific to your claim as I don't have access to your DWP case files.

Hope this is of some help.

Jim
retired Welfare Rights Lawyer & former DLA Tribunal Member

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by . Reason: Removed potentially libellous comment

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