Help please!! I have applied for DLA and appealed twice, now its going to a tribuneral !!! No fight left in me

I really cant be bothered to fight anymore, im on methorixate now and that still doesnt appear to be enough for the DLA to award me.

Any tips please?? im hoping that they are just threatening me with court and really hope it doesnt get that far, im tired xxx

4 Replies

  • I don't know if these people can be of any help

    I hope it all goes well. best wishes

  • Hi there, I would suggest attending the tribunal in person and putting forward to the panel in a calm manner that the conclusions that have been reached via their assessment does not adequately reflect the day to day difficulties you experience with this illness.

    I would put the ball in their court and ask them how they reached their conclusions and if they can explain their decision making, and along the way inform them of the real impact of the condition.

    it may be a good idea to take someone with you to help you to stay calm and focused and also to ask anything uou may forget.

    Good luck,

  • I've just read this and thought you may find it useful

    There is a lot to read through this section I thought was most interesting

    A woman has been diagnosed with lupus (SLE) following

    complaints to her GP that she is experiencing mild aches and pains

    in her joints. She has also been feeling generally unwell, with some

    flu-like symptoms. The initial symptoms do not have a substantial

    adverse effect on her ability to carry out normal day-to-day

    activities. However, SLE is a progressive condition, with fluctuating

    effects. She has been advised that the condition may come and

    go over many years, and in the future the effects may become

    substantial, including severe joint pain, inflammation, stiffness, and

    skin rashes. Providing it can be shown that the effects are likely to

    become substantial, she will be covered by the special provisions

    in Sch1, Para 8. She will, however, still need to meet the ‘long-term’

    condition of the definition in order to be protected by the Act.

    Here is the link to the legislation

    Sch1 Para 8

    Progressive conditions

    8(1)This paragraph applies to a person (P) if—

    (a)P has a progressive condition,

    (b)as a result of that condition P has an impairment which has (or had) an effect on P's ability to carry out normal day-to-day activities, but

    (c)the effect is not (or was not) a substantial adverse effect.

    (2)P is to be taken to have an impairment which has a substantial adverse effect if the condition is likely to result in P having such an impairment.

    (3)Regulations may make provision for a condition of a prescribed description to be treated as being, or as not being, progressive.

    Sch1 Para 2

    Long-term effects

    2(1)The effect of an impairment is long-term if—

    (a)it has lasted for at least 12 months,

    (b)it is likely to last for at least 12 months, or

    (c)it is likely to last for the rest of the life of the person affected.

    (2)If an impairment ceases to have a substantial adverse effect on a person's ability to carry out normal day-to-day activities, it is to be treated as continuing to have that effect if that effect is likely to recur.

    (3)For the purposes of sub-paragraph (2), the likelihood of an effect recurring is to be disregarded in such circumstances as may be prescribed.

    (4)Regulations may prescribe circumstances in which, despite sub-paragraph (1), an effect is to be treated as being, or as not being, long-term.

  • as it sounds like you desire someone to represent your opinions and needs when you feel fatigued check with your local health trust about who provides ADVOCACY - whilst it probably isn't in their remit to help people with ATOS tribunals some advocacy teams have been supporting/representing individuals at appeals - please act promptly as they are getting a lot of requests and your situation seems urgent - and just some general advice: make sure that whenever you speak to ATOS that you describe how your symptoms affect you on your WORST day ... best wishes, I hope you get the support you need

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