I recieved my letter of decision from the tribunal court today. And I have been refused and no explanation why! I cannot understand it to be honest. All my eveidence was there etc. I won't know what happens next until I hear from my Welfare Rights guy on Monday. I cannot help but feel had he not been out of the country I would have won, as he has won tribunals for me in the past. I am sorry if this post makes anyone feel negative about their claims and tribunals. I am probably the exception in this case. I wish you all well xxxxx Lin
Refused...Confused...Gutted...to name... - Fibromyalgia Acti...
Refused...Confused...Gutted...to name a few
Oh Lin I'm so sorry and so angry for you! You must feel so let down. Everyone will tell you not to give up. I think they have to give you a statement of reasons don't they? That will probably come later as I know my friends did when she had her tribunal for DLA. She was told she had won hers there and then at the court she was overjoyed and then they sent her a letter saying they were not going to pay her the money and were going to appeal. They put her through hell and then they changed their minds again and now she is getting the money. I despair of them I really do!! Hopefully in a few days you will get the fire back in your belly for another fight,don't let them win!! Xxxxxx
I cannot find words for how I feel hun. There was no statement of reasons, so if nothing comes I will take Nordic good advice and follow it up. It is all I can do apart from reclaim and start all over again. I am angry because I was on incapacity for 19 years, and every time I was sent for a medical the doctors said I was unfi for work. My hubby says my recovery is nothing short of miraculous. Thankyou for your support, my anger will make me fight on, but this is not helping the fibro at all xxxxx Lin
Hi Lin, try not to feel to low. Wait until Monday and you get to talk to your man. I sure he will sort it out for you. I'm the mean time there is nothing you can do as it is the weekend. So try and rest. It is sunny here, is it where you are?
Piggie hugs xxx
I went online before as it says that regulation 29 could not be used. So I went to check it out. My understanding of that is I cannot use reg29 which says I basically cannot work as I am at risk of mental or physical health problems etc etc. So I am going to follow Nordic, and everyone eleses advice and see where it takes me. It says on the letter I can appeal if I feel the tribunal failed to gove adequate reasons for their decision, they have not given any reasons, let alone adequate ones! Thanks for you support piggie, and I will update after speaking to WR guy xxxxx Lin
Your not the exception! It does help having welfare rights on your side attending as the tribunals cant abuse us with wrong decisions.
Take up the fight apply for the reasons in writing to the decision and also the record of proceedings. Then go to welfare rights to help you tackle it on a point of law.
warm thoughts NN
I never knew I could ask for the record of proceedings. My WR guy will ring me on Monday(as I left a message yesterday to let him know they never gave a decision on the day)so I can tell him the goings on as well. They failed to give adequate reasons so I will use that as the point of law. Thankyou so much for your support xxxxx Lin(thanks so much for the advice)
I'm sorry to hear that Lyn. I think you are right to wait for the wr man. try to relax over the weekend and good luck in your fight.
regards,
sandra.
sorry for spelling your name wrong Lin!
I do not mind which way my name is spelt so that is okay. All I have done is cry today. They have managed to make me feel like a fraud for the last 21 years. I have been trying to put down on paper everything that happened during the tribunal or come Monday I will reduce myself to a blubbering idiot. All I did was tell the truth as I have done sonce I was diagnosed. My daughter has done a letter for the WR guy stating everything that happened before and after the tribunal, so I am hoping that will help. I have so many emotions all going on at once and I do not know whether I am coming or going right now. Hubby went out and bought me a cute teddy to cheer me up a bit. He says not to worry, but that is easier said than done right now xxxxx Lin
Glad to hear that you have a caring hubby.How sweet that he bought you a teddy! Please don't let these ignorant people upset you - they are not worth your tears. Stay strong and prepare for battle. Thinking of you.
Jane x
your hubby sounds lovely! ask him to give teddy a squeeze and think a loving thought
[my Mum taught me this]
now you've a teddy full of love.
everytime you squeeze it and take a hug it fills with ten more, you'll never be short of a hug!
Mum gave many teds of love and I think they work, loved ones can't always be near but their hugs can.
regards to you both and your daughter,
sandra.
Ah Sandra thats a lovely thought, teddy bears full of loving hugs, must tell my daughter that shes nearly 19 and she still loves teddies of all sorts, (a lot of which I bought her), xxx
I'm sorry to hear that Lin, I hope you can do something about that, re-appeal maybe?, what a shower they are, its a pity we couldnt all bombard them with letters, what about it?, would 'they' make us suffer more for it, probably!, gentle hug and kiss xxxx
Sorry to hear about your appeal. When you have rested and found strength you must appeal. I think DLA refuse and hope that you dont appeal as many dont. My DLA appeal tomorrow and its been going on for two yrs even though I struggle to walk and suffer terrible with raynauds, fibro and arthritis which keeps me in bed for most of the yr cos I my body cannot handle the cold, pain and stiffness. Had this for over twenty yrs and been on dla for ten but was stopped two yrs ago when I was going through hell. I am so angry I will never give in.
Good luck with your appeal and try and rest. Easier said than done I know.
Sending you love.
I think that your case has been very helpful for others not depressing. It shows how very important it is to have a representative with you whether its CAB or welfare or someone medical. The figures from the CAB do show that the majority of appeals won are when the claimant is represented. All information like this helps us all out. Good luck Lyn as you will have to reappeal (is that a word) and quite rightly too. I do think that ATOS and this whole system are finally being outed to the general public and I think things are going to have to change but it will be a while yet. I am also involving my local MP in everything that is happening to me. Chin up sweetheart you have your hubby and more importantly "Teddy" for moral support and cuddles. Colleen xxxx
Hi from one Ozzy to another,lol (my nickname is Ozzy). It is so gutting when you get a refusal,especially when youve been on disability benefits for so long. It makes you question your illness(es). But stay strong and fight it. YOU know you deserve it. I had my appeal refused too. I had 12 points but still 3 short, which surely means Im more than half way there. They didnt fail to give me proper reasons and they did abide by the law as set out by the government . I just dont fit into any government rules catagory.Im not sick enough for ESA and too sick for Jobseekers. But Ive just re applied for ESA and got it from 15th Aug, but they havent paid me a penny yet, in 5 weeks, coz theyre muckin about with paperwork. Ive had to survive on the generosity of my family and money Id saved for bills, which is now nearly gone. I'll have to go through all that again now. Anyway, "No more tears", I know it feels like a "Road to nowhere" and that youre "Killing yourself to live", but "Never say die" ,the "Canges" will come. So get out there and "ROCK AND ROLLLLLL......." xx
hi sorry to hear that i am in the same position as you and have just been refused my advice worker has sent off to ask for the reason why, once i receive that i'm hoping i can appeal again
Hi
I am Dave, Lins husband. She is out of sorts this last couple of days(with the tribunal and decision etc) and has left me to deal with things for her. I mostly type out her topics and replies for her once she has written down what she wants to say. But I cannot answer for her when it comes to all your kind replies. I am sure once she feels up to it, she will issue me with replies and I will be set to work on here once again. I would like to thank you all for your kind support as I know she is greatly appreciative of it.
Thanks
Dave
hi dave, thankyou for letting us know.
give Lin my best and tell her to relax and not worry about posting.
hugs to you both,
sandra.
p.s. I need an other half like you any more at home?
p.p.s. sorry lin, a girl's gotta try!