If i choose to go to the judge commissioner again & pursue my appeals, can they take my new award from me or alter it in any way?

Hi guys, im Mell.

Ive a really important question if anyone can help me, i'll leave a little background to help you get the drift...

I have suffered from Fibro, HMS, Cervical spondylosis and Chronic depression since the late 90s. I received middle rate care and higher mobility from around 2004 until Jan 2011 when my renewal date arrived. I put in my renewal forms and suddenly were told i wasnt entitled to ANY of it! i lost my benefits and they came and took my car leaving me housebound.

I have been fighting this since and had three tribunals... the last one after i went all the way to the judge of commissioners whom overturned the hearings due to errors of law and ordered a new 1st tier hearing. This i attended and again lost! I got the statement of reasons again and sent it off again with my reasons for wanting to appeal AGAIN! and have had a letter from tribunals service stating the tribunal judge has refused my request to appeal AGAIN! however i can apply to the commissioners judge again to go to upper tribunal AGAIN!!!!

Aside from my appeals I applied with a fresh claim in may to DLA and have just been told that i AM entitled to High rates in BOTH Mobility and Care.... I am over the moon that finally i will be getting the help i need.

Soooo..... My question is....

If i choose to go to the judge commissioner again and pursue my appeals from previous decision can they take my new award from me or alter it in any way?

I dont understand how they said i were ill enough for 6yrs to receive benefits then take them off me completely saying i wasnt, then give me higher rates almost two yrs later saying i AM ill enough again!!!! i must have had a miraculous recovery spell put on me which suddenly ran out!!!!

Thankyou in anticipation of any help received.

Warmest hugs

FibroAngel xx

14 Replies

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  • I'm so sorry you've had such an awful experience!! I don't know enough to give you any advice but hope that others will...

    Until then here's a few cyber hugs... {{{x}}} {{{x}}} {{{x}}} {{{x}}} {{{x}}} {{{x}}} {{{x}}}

  • Thankyou sweetheart for those very welcomed cyber hugs... and for your lovely kind words...

    Heres backacha sweet...

    {{{X}}} {{{X}}} {{{X}}} {{{X}}} {{{X}}} {{{X}}} {{{X}}} {{{X}}}

  • best place to get an answer is at a law centre love. they can advise you as to which road to go down ,or not, as the case may be. look online for your nearest law centre that deals with welfare rights. they will usually do phone consultations if too far for you to go.

  • Thankyou hunni bee...

    That is so very helpful and i'll look them up right now and get in touch as soon as theyre open. Ive telephoned the CAB (citizens advice bureau) and they wouldnt tell me anything over the phone!

    Thankyou so much x

    Warm gentle hugs xx

  • Glad you got it,but confused do you mean you put in a different claim altogether and got it whilst your were appealing, did they not link them up at dla ?...

  • Hi hun,

    Yeah i have had an appeal running since jan 2011 and got told recently i could submit a fresh claim while appealing the old one.

    I dont think they would have linked them i dont know how it works but they mustnt have????

  • hi ya i had a appeal running and submitted a new claim while i was appealing the old one the tribunal couldnt touch that, hrc and hrm but they told me for the year i was appealing and the time from when i claimed they said i wasnt entitled to anything that being they want lrc and high rate mobility back for 2 years i asked how they got to that conclusion they wouldnt give me answers i appealed to the upper tribunal that was in july not heard nothing yet i phoned to make sure they got my appeal in the 1 month time limit and they did but still not heard anything back im the same as you im scared if they can take my dla benefits that i get now so i have not pushed my luck by pursuing it anyway good luck i hope you get the answers even if i dont xxxx

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  • I shouldnt think they can touch it if it is a separate claim, but, if you win what would happen to the claim you are getting now? All confuddling as I call it lol. I dont get how you can qualify for 7 years, then not qualify, but now qualify again? What the hell? All it does is show what a mish mash this all is. Looks like it depends on who you get dealing with it I suppose,.

    Congratulations anyway. xxx Gentle huggles xx

  • Thanks,

    fibroangel, sorry I sounded a bit vague but I thought it was the old fibro and I was reading your blog wrong but now after reading your reply and nicelys blog, it just goes to show how much time and peoples wages they must waste if the system lets you do this, and I thought we were the ones who get confused. You have given me ideas though I have had LR care for 16 yrs and after 2 refusals of higher rate about 6 yrs ago I just gave up but I'm determined to fight this time and have still been awarded LR care, but have asked for a review which takes another 11 wks but if they still refuse I am going to appeal. I'm glad you got it on 2 app but you have missed out on your back pay, so I would seek advice about carrying on because they have made themselves look silly, well the words that come to mind are "well, it beggars belief" or something like that. Seek legal advice or go to CAB or something, you too nicely, best of luck to you both x x

  • Good luck hun xx

  • thanks goldwing and good luck but they can be so awkard they said they wanted the two years of lrc and hrm but not heard anything yet it seems they wanted to punish me cos i appealed to get it higher cos i got more illany way good luck i hope you have a easier time getting it then usxxxxxxxx

  • Hello Fibroangel,

    just to say and add to other readers comments, I would get in touch with your local MP and write to Ian Duncan Smith with your Awful experience. Life is difficult enough without this sort of stress and restriction to your mobility.

    Best wishes and good luck in getting this situation sorted. XX

  • thankyou all for all your advice... i will let you know how i get on with this x

    Warmest snuggles xx

    Nicely i hope it goes well for you too sweet... im in your pocket for support xxxxxx

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