help turned down at tribunal stage for DLA

hi all

and thanks for your encouragement

because

yes we do feel like giving up

it is hard enough fighting for the care he needs from the medical profession..as they really do NOT know how to treat anyone who has been poisoned to this degree

we really need to be in america to get his care package sorted.................but can't aford to do that

without this ongoing fight over DLA on top

why are people requsting DLA NOT allowed to have a holiday booked or flights out of the country booked?

as thid question was asked repeatedly

we have had to cancel the last 3 hols that we had booked because my other half was far to ill to travel...in fact we should have flown to egypt to see if the sun would help him after this dreasful winter.but he is far to bad to fly.and we told them so

they also asked why he would drive me to the shops and sit outside..this is because on these weller days......he still isn't well enough to walk around a shop...but it does him good to sit there in the car park....in order to get him out of the house

we both felt that no one listened to us

we tried our MP last year....but he says that he cannot write in about individual cases....so that was a no go area

being honest....we feel depressed and distressed by what we have been through for the last 22 months

I joined this forum.out of sheer desperation

to see what and where we are going wrong

thanks once again for your replies

migmogs

HI Ive just been reading your problems 1st
thing you should be makeing copies of your
letters 2nd from what i have found the
D M will have checked the guide which states what illness they reconise the ones
who have a non listed get turned down at the 1st claim your not on your own as they doing the same to claimants who have deppression and those having problems with alcohol the only ones who get through are those have phyisical illness. Ok you must appeal your judgement use the DLA Claim info on the site ref appeal get your doctor to write a report on your husband Write to dwp say that you have evidense and
proof of a incorrect decision do The DWP And Atos Always get it write no they dont the figures show a large number of illinformed judgements on lack of medical knowledge

Hi,just wondered if your husband is claiming industrial injury benefit, not sure how you go about this but if not you will be able to find out on the internet or on this site, also has he had compensation from his employer - if not I think maybe things like this might be worth looking into also have you had a copy of the medical report, don't give up whatever you do. Their is plenty of support and information on this site. Good luck.

migmogs wrote:

Crazydiamond wrote:

An appeal can be made to the Upper Tribunal, the details of which can be obtained from The Tribunals Service. . It would also be advisable for your husband to submit another claim for DLA pending any appeal to the UT.

Assistance may be available for an appeal from the Community Legal Service.

hi crazydiamond

thankyou for your responce

would we be better to go to higher tribunal than start again?

cheers

migmogs

hi crazy diamond

thank you for your reply

but are yuou saying

for us to go to a higher tribunal?

instead of starting over again?

this is allready our seccon atempt at trying get DLA

we feel like giving up

as it is hard enough trying to cope with my husbands illness and dissabilities as it is

without having to fight for assitance when we need it most

thanks

migmogs

It may advisable to consider an appeal to the UT, and submit a further DLA claim concurrently.

after having calmed down a bit now

and having thought what happenned through at the tribunal

one of the biggest problems that we had

was that no-one had explained that the Tribunal would only be interested in how my husband was at the time of the claim July 2009

so we went in completely unprepared

I explained to the tribunal that my husband had terrible memory issues as part of his Injuries.....and that my mum had died during that period of time

so in reality niether of us was up to remeber ing in small detail was was written on the claim form

and when i tried to direct my husband to think back to that time period....I was told to keep quiet.and that he had to speak for himself

and so it all beame muddled...as he has been very ill and disabled thr out the last 22 months...with various parts of his injuries more hightened at diferent times in the year

we where hopeful though that they would have seen through this being un prepared problem

but they obviously where not

so for others about to go to Tribunal after a LONG wait.please go in prepared for how you where back then.and not how you are now

it is on this basis then that the decission to deny DLA was made

and to which we now have to decide what to do next

we where being helped and advised by CAB as to the Tribunal....so I was amazed that we had not been forewarned about what a Tribunal was about..but sadly where not...and they do not have the funding to have some one to attend with you at the Tribunal.

they have said that they will help to fill out his forms next time if we choose to go down the route of "starting" a new claim

we where completely overwhelmed by the court room setting

and we where completly thrown when being told that they where not interested in how his injuries afected him now.but only back then..but then they didn't keep to that script at all....which made mtte for my husband's memory issues worse for him..as he got more and more confused....although his anwers where corrext and honest....it was the time scale of when things occurred that became blurred

and by he time I got to speak..I was as confused on time scale as he was

we will re-send out for new claim forms...but I can't help but wonder if we had been givn the correct information about what the Tribunal would be looking for....that possibly we might have won....on the information supplied

when someone has been poisoned..their ilness does't take the route of "ordinary" illnesses...and so ther fore they are NOT on the lists mentioned for you to recieve DLA automatically....as poisons and toxins are still leaving his body 22 months on......and we do not know what long term efect the wll hve causd....no one does.....we do not have the expertease in this subject over here in the uk

we do know that his lung function will now never improve at all.....his lungs where seriously injured.....and he has Acute Irritant Indced Asthma, that causes him to collape on exertion and causes him to expereince serious breathing issues akin to choking when he walks....he can only walk about 30 metres on a good day before he starts to feeling as if he is being choked.the rest of the time he is bed ridden and housebound

and we do know that some of the chemicals and poisons are known to cause cancers in the future

he after another fight.....has just been awarded Industrial Injuries......we do NOT know as of yet the % of dissablilities that he has been awared that is still with the decission maker

and yes....there will be legal action taken..but that could be years down the line yet

so thankyou to you all for all of your replies and advice I have tried to answer you all

cheers

it is all vey much appreciated

migmogs