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TOPIC: Second Attempt

Second Attempt 8 years 5 months ago #17513

  • Wilf
Hi all,

I havent posted for ages but I did tell my story quite some months ago in case it helped anyone else in a similar position.

A short re-run then my question. I applied for DLA (after working for almost 40 years) back in March 2008. I was refused because the ATOS doctor and the Tribunal believed that I could not have back pain when I walked or did other everyday tasks.

ATOS said it was 'highly unlikely' I had pain when walking and the Tribunal agreed that I was 'exaggerating to obtain a benefit'.

The Tribunal decided this after reviewing my evidence as follows.

In 2007 an Orthopaedic Consultant had diagnosed 'instability at L5/S1' whilst a CT scan in 2008 discovered 'significant spondylotic change most marked at right sided facet joints' and also 'significant degenerative change in the cervical spine particularly marked at C6/7'.

My GP had prescribed me Tramadol and Amitriyptyline to deal with the pain.

I asked for permission to appeal but the Chairwoman refused so I went to the Upper Tribunal who allowed my Appeal. It was heard in August 2009 and I won the appeal on 2 errors in law.

My case has been sent back to be heard by a fresh Tribunal and I am still waiting for a date.

Meanwhile in October I was seen by the Musculoskletal Dept of my local hospital due to problems in my arm and my leg and they referred me to a spine specialist at a major hospital 50 miles from my home.

I have now had my consultation with a second Consultant (not the one I saw in 2007) who confirmed to my GP a severe scoliosis of 49.5 degrees, marked degeneration in my spine, knees and elbows. He also confirmed that ''it is very understandable that he has significant pain on walking and this will persist''.

Do you think this is my case proved or do I need more evidence for the Tribunal?

I know you wont comment on individual cases but what are your thoughts please?

Cheers
Wilf.

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Re:Second Attempt 8 years 5 months ago #17518

Wilf wrote:

Hi all,

I havent posted for ages but I did tell my story quite some months ago in case it helped anyone else in a similar position.

A short re-run then my question. I applied for DLA (after working for almost 40 years) back in March 2008. I was refused because the ATOS doctor and the Tribunal believed that I could not have back pain when I walked or did other everyday tasks.

ATOS said it was 'highly unlikely' I had pain when walking and the Tribunal agreed that I was 'exaggerating to obtain a benefit'.

The Tribunal decided this after reviewing my evidence as follows.

In 2007 an Orthopaedic Consultant had diagnosed 'instability at L5/S1' whilst a CT scan in 2008 discovered 'significant spondylotic change most marked at right sided facet joints' and also 'significant degenerative change in the cervical spine particularly marked at C6/7'.

My GP had prescribed me Tramadol and Amitriyptyline to deal with the pain.

I asked for permission to appeal but the Chairwoman refused so I went to the Upper Tribunal who allowed my Appeal. It was heard in August 2009 and I won the appeal on 2 errors in law.

My case has been sent back to be heard by a fresh Tribunal and I am still waiting for a date.

Meanwhile in October I was seen by the Musculoskletal Dept of my local hospital due to problems in my arm and my leg and they referred me to a spine specialist at a major hospital 50 miles from my home.

I have now had my consultation with a second Consultant (not the one I saw in 2007) who confirmed to my GP a severe scoliosis of 49.5 degrees, marked degeneration in my spine, knees and elbows. He also confirmed that ''it is very understandable that he has significant pain on walking and this will persist''.

Do you think this is my case proved or do I need more evidence for the Tribunal?

I know you wont comment on individual cases but what are your thoughts please?

Cheers
Wilf.


Did you receive a copy of the consultant's letter to your GP? If not, you are entitled to ask for a copy.

If you are in possession of the letter confirming what the consultant has said, it will certainly do no harm to send a copy to the Tribunals Service in advance of the hearing.

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

Re:Second Attempt 8 years 5 months ago #17521

  • Wilf
Hello there,

Yes, I now have that copy and I will indeed send it to the Tribunals Service for their attention.

Will I need to ask for more detail from my Consultant do you think?

Thanks for your help.

Wilf

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Re:Second Attempt 8 years 5 months ago #17523

Wilf wrote:

Hello there,

Yes, I now have that copy and I will indeed send it to the Tribunals Service for their attention.

Will I need to ask for more detail from my Consultant do you think?

Thanks for your help.

Wilf


That will be entirely for you to decide?

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

Re:Second Attempt 8 years 5 months ago #17524

  • Wilf
Yes I realise that will be entirely for me to decide but I had asked for YOUR opinion.

Never mind.

Wilf.

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Re:Second Attempt 8 years 5 months ago #17526

  • lord douglas
hi i am very interested in your case as going through simurlar problems.On tramadol and shortly to be put also on amitriptamine.got shrinkage on spinal cord at c4/6 through to c7/t1.What 2 errors in law just in case they are relevant to my case.Thanks

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