has anyone ever challenged their DLA ... - Fibromyalgia Acti...

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has anyone ever challenged their DLA tribunal result?

NordicNavajo profile image
10 Replies

I am in the process of this and any advice would greatly help.

Thanks NN

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NordicNavajo profile image
NordicNavajo
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10 Replies
Suzyfibro54 profile image
Suzyfibro54

I have challenged my DLA refusal, , I never got anywhere , but am 6months down the line preparing to Appeal yet again. I have been told that the more you appeal the better your chances, I do not know how true this is? but am not giving in & playing dead for them.

Get as much support as you can from your consultant and Doctor, make sure that they agree, Mine didnt! , just my luck! lol! Send in all your papers from the first time that you were diagnosed with your illnesses, to the present day, have all your tablets and other medications listed, for them to see, then when you have done this go see the Citizens advice they have people who can help you thrugh the onslaught of questions in your DLA form,

I hope that this will help you?

Suzyfibro

NordicNavajo profile image
NordicNavajo in reply to Suzyfibro54

Thanks Suzy

did you actually go through appeals and then to a court tribunal? I have been told that after court tribunal it can only be contested on a matter of law. They had lists of examinations and diagnoses but were not at all interested in any of it. They kept on harping back to the first GP statement (not written by the GP i now see) which said "i do not need and am not elligible for any DLA" !!! specialists are refusing to write any help, but divert to a neurological website which the tribunal refused to acknowledge! I do think I have them on a point of law ie. the GP had no right legally to comment on my care needs only on my medical state. I am still waiting for their notes as written by their barrister. Its all a bit poo really. Thank you for replying and all encouragement is a help x NN :)

electricjaws profile image
electricjaws

sounds like the sort of probs i am having with being put in wrag group of esa,had appeal yesterday to go into support group,bad time ,left me in the wrag group,i can barely walk my partner took me in wheelchair,didn't want to know about daily struggle to live let alone anything else,had proof of spondylosis,fibro,left rotar cuff problem ,bladder removal,bags leaking,etc.... they also just wanted to tick boxes,my union rep was furious when we went out after being told that,not that he said much in there to help me ,the union said leave it now ,can't appeal any further,my original g.p when i went to her for help told me not to appeal said i was capable of working,although she knows nothing on fibro or the probs me and my partner have at home he is my unpaid carer,i also have spondylosis of the spine and a few other health issues,she smugly said if you are not dead or in a coma ,everyone can work,i am writing now to get a statement of reasons and a record of proceedings from yesterday, someone on here told me to contact my local m.p ,you can write to your local m.p outlining your issues ,worth a letter and stamp i think, so i will,maybe that is something you could do ,they do have local surgeries they hold to go along to by appointment,the tribunals say they are independent but if you ask me they are all tarred with the same brush...xxx

NordicNavajo profile image
NordicNavajo in reply to electricjaws

I remember reading a blog from you about GP's i think, and my heart went out to you too as its same as my experience! We will get justice eventually. I also had little to no help from my ex union on the front of being sacked due to being sick. I have a statement from independant medical officer which says im too sick to work, but all that did was let me free a few £'s from my pension fund for 3 years. To that end im not elligible for any help now lol you cant win. WE WILL get there!

hugz :) NN

Suzyfibro54 profile image
Suzyfibro54

I did indeed it was my first attempt, and what a fiasco, lol! I was told that you normally get refused the first time. Having said that, a week later a person whom I know to be well..not ill! she got the darn thing first time? How is a mystery. Your GP, at the time. should be shot! ..Just my own views here by the way lol! Get it all fresh from this Doctor and resubmit all that you can with your doctor that treats you now. It is not their right at the DLA .Tribunal to just dismiss you on a flippant slip of the tongue from your previous Doctor.

Stand your Ground. let me know how it goes. Best of Luck too you!xx

NordicNavajo profile image
NordicNavajo in reply to Suzyfibro54

Me too re: the less sick getting it! I will certainly stand my ground and thank you for the support. Trouble is the rot started with the one GP's statement which gave ATOS and tribunal a place to rip at. All the real evidence from carers and specialists confirming what I have was ignored. I even got wrapped for knowing I was not elligible for social service help when they were aware that before being got rid of due to ill health it was my job to advise social workers on policy and procedures on such issues!

I will keep you posted as to my achievements and fingers crossed eventually will fing that elusive justice

:) NN

Davlad profile image
Davlad

i've read about "tick the right boxes" when i go to my tribunal i'm going to tick the boxes that will get me into the support group... i'll have evidence that supports me so if i tick the right boxes its up to them to prove i can do things rather than for me to prove i cant... i think we may be trying to over complicate our evidence.. one thing is for sure... i will never forgive this corrupt unfair Goverment and Duncan Smith for championing this madness............ good luck all.........

hamble99b profile image
hamble99b

this may help. click on vasculitis-uk.org.uk/

on there you can click on treatments and meds which may cover some of yours. I printed these off and submitted them. you can search on the site for the route map to vasculitis which also has useful links to meds. regards, sandra

chrissietosh profile image
chrissietosh

Change your GP!!!! It's true that without the full backing of your doctor, you are going to have a bad time. you could ask to see your medical notes, indeed, your whole file, but I'm not sure whether they are bound by law to let you see them. My brother works for the CAB, and he tells me that he is very often stunned by the difference in what he sees and what he reads about the same patient! Good luck, and God bless.

nicely profile image
nicely

yes i asked for my file from the doctors about 4 years ago the admin clerk copied these for me.

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