HELP PLEASE!!

hi,i said i would keep you all updated,had my second tribunal today,when armed with great opology from ATOS saying they had made descrepancies,good letter from my doc,and mental health nurse,they asked me so many questions about how i was a year ago,as thats when my claim went in,then the judge kept flippin saying i could have benifit removed as well as increased,an hour later i was a wreck! i need help in the night with toilet needs,as my legs and arms go dead after iv been asleep,the woman a care advisor asked why i didnt wear pads so my son wouldnt need to stay with me at night! OMG how insulting!! any way my son had to get back to work so we didnt wait for the result so im asking how long does it take for them to write and let you know? god if they take every thing off me i might as well top my self now!! xxxx

20 Replies

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  • Hello there Pondminstrel, I have been trying to find out roughly how long you can expect to wait and predictably there isn't a general guide. Here is some info regarding appeals, but again no time frame -

    dls.org.uk/advice/factsheet...

    From all that I have read tonight on the subject approximately one month to six weeks is average for a second tribunal although it can be longer, it's very vague.

    I hope it doesn't take too long for you Pondminstrel, please let us know how you get on, we are thinking of you and wishing you all the best. Here's a hug for you (((hug)))

  • hi,thank you i could do with a hug x...just worried i will have everything taken away!..its crazy the time wait because if id have waited they would have told me there and then.but my son had to go back to work xxx

  • We're all worried were either gonna loose it,or not bother applying or reapplying,it's all such a mess!do these people not realise fibro is real,we're not all out to commit benefit fraud,and totally disrespectfully telling you to wear a pad!we didn't ask for this and we are all trying to keep as mutch dignity as poss!as for topping yourself..I could have done that today! Haho tomorrow's another day..xx

  • hi hun.i know! as for toppin my self i cant today as i dont fell well so house is in a mess..id hate someone to come in and find a messy house! lol xxx

  • Bless you Pondminstrel, we all get days where we feel we have had enough, but that's the time to pop in here to our lovely forum. Hopefully we can cheer you up by understanding how you feel, offering you a hug and hopefully a bit of support too! Take care, here's another hug (((hug))) :)

  • hi, thanks xx..i can laugh now bu ti did try to take my own life,but god forgave me and sent me back..with a sharp kick!! since then apart from what we all suffer from on here,i am a new woman, xxx

  • That's so good to hear! It's great to have you with us! :) xx

  • have another hug from me (((hug)))

    how insulting suggesting a pad! and how would one get clean? stupid as well as ignorant.

    i hope you get good news soon Pondminstrel,

    keep in touch,

    sandra

  • hi hun,got a letter tday saying my dla will stay the same,HRM and LRC which is good news as i thought id lose it all,but i have asked the courts to send me a report of the judges reasons for not increasing my care component.as i need help in the night and that it self is within the points of law for me to recieve it,so i will keep you posted,one thing they were quick in their reply,i only went on friday the 26th..hows things with you? xxx jenny xx

  • delighted they kept it on for you! [please post it at the leave a comment bi too so no-one misses this great news] I was hoping they'd let you know quickly.

    regards,

    sandra.

  • Hope ATOS make the right decison for you - and soon

    ((((( Gentle hugs )))))

    Julie xx

  • hi hun,i had a letter from atos saying there were discrepencies in the report and an opology from them,but at the tribunal they didnt seem to bother about that,the judge asked me three questions about the medical report,and the three questions he asked oddly enough i agrred with,and the judge said ..oh you agree then with what he said ,i said yes but there were a lot of discrepancys ,judge just said well he must have been listening to you to get those right!! and he said so really what your saying is you complained because he didnt say what you wanted him to say!! im gob smacked,and i keep going over what i should have said! i am going to ring DWP on monday and ask how long i have to wait..rant over....for now lol xxx

  • oh my goodness this is absolutly awful it was the same for me in july they spoke to me as if i was a peice of dirt on their shoes and i only went to appeal to tell them how my health had deteriated because i got more ill and extremly shortness of breath they told me they was stopping mine from the time i got awarded which incidently a tribunal gave me low care and low mobilty i then later got high mobility so thats how it was decided in the first place, and whilst i was waiting for the appeal to happen i had a atos medical and was put on the support group straight away and i told the dla who advised me to reapply as it was shown that i was worse in my health by the medical so they put me on high rate care which was also backed up from my doctor and occupational therapyist so they couldnt stop that thankfully but i had to pull out a large chair to sit on when i went back in for the verdict which i am sure they moved on purpose as i couldnt have pushed it in and on the way home i was bleeding from a operation wound which i was only just getting over major surgery i have so many different illnesses as well as fibro to be told by the rude doctor it was most probably all due to a weight problem that was why i was breathless and the nasty judge she was saying nothing was wrong with me at all especially when i was touching my necklace while talking to them oh how wrong she was i had been assessed by a council occupational theryapyist at the start and was told i was on the waiting list for a stair lift and wet room that was well over a year ago (funny that im sure they wouldnt agree to these if nothing was wrong with me) i told the judge i was going to appeal could she tell me how they came to their conclusion she said they needed to get on to see others and she would send the reasons in the letter guess what no reasons were on that decision over a year of my dla going to be taken back and no reason i did appeal to the upper tribunal on the grounds of no reason to stop dla well that was july still not heard anything although i did ring them to make sure they got my paper work they did and i have my wet room and my stair lift fitted thankfully i am at a loose end it made my nerves in such a mess which makes me so ill just because of sheer bullying i know just how worried you are believe me somthing needs to be done about this it is discrimination to the real disabled and vunerable people God bless sweetie i am on your sidexxx

  • h hun,thank you,im hoppingthat i get a good result,if not i will just keep on till i do,if i back down now they will have won! and as i need help in the night i cant see how they can not give it to me,i dont know what excuse they will use if i dont get it.i keep you posted,what is your next step? x

  • chase them up about wet room & stairlift, they lose files!

    sandra.

  • I hope you get a good result. I was warned I could be worse off when I went to my last DLA tribunal - financially they upheld the decision to reduce my high rate care to low rate (which is what I was appealing) and they reduced the 'for life' offered at the first appeal to two years. As the whole process had taken about 18 months, it wasn't long before I had a new set of forms to start the process all over again - sigh. I did get a 5 year award on the next time but no increase to the low rate on the care side. I don't agree with their assessment of my needs but couldn't face any more fighting.

  • hi pet,i havent slept for worryingmdaft realy coz its out of my hands,but i keep going over things in case i missed something,the first tribunal was ajourned,with a warning,wasnt told the reason,anyway atos report was only thing i could find falt with,to cut a long story short,i complained to atos,i recieved an opology and that it would be looked into as therebwas a lot of descrepancies!,i cant really see how they can take anything away,as i need help in the nightmi had a good supporting letter from my doc and my mental health nurse,so they will have to come up with a good excuse,as i am within the points of law for needing help so we will have to wait and see,not sure how long they take,but im not giving in....if we do they have won...keep fighting pet,its the only way.all the additional info and type written pages i sent they must surly see im determined,and i will just keep coming back!...xxxxxxxxxx

  • sending you lot's of positive thoughts and love xxxx

  • hi i got a letter today they have kept my dla the same,,but im asking for a report from the tribunal coz i need help in the night which i had a lot of back up from my doc and mental health nurse,so im going on till i get what i should,i keep you posted xx

  • yes you go for girlie wishing you all the luck in the worldx