Now then, benefits appeal

Unfortunately I lost my appeal to be put into a disability support group, they say they do not take pain of any amount into consideration as the descriptors have been changed regardless of how much your your illnesses or diseases effect you, if you have had something chopped off or you can't actually use a limb then maybe just maybe you might be in with a chance.

I was asked if I had anything to say and I told them, IT LOOKS LIKE DAVE CAMERON WINS YET AGAIN.

46 Replies

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  • Oh no, I am so sorry, bet u r worried now, it's too awful, I thought checking up on people's benefits was meant to be those pretend bad backs not for us people with real disability, xxxx

  • Hi allanah, I am worried but what can I do, it does make you wonder.

  • Thank you.

  • Truly is just dreadful. Have a friend who is fighting for her benefit to be reinstated. She has her consultant on her side she has been told it can take up to a year before she will here. This is very bad because she is £30 worse off a month!

    On the positive she will get all money back if she does get her benefit back. XX

  • Its a scary life to live now.

  • So sorry Philip to hear this. I would like to see Cameron and Ian D Smith go through some of the pain we endure every day, its absolutely ludicrous.

    I know you have access to benefitsandwork.co.uk Have you looked at ESA/DLA on face book. A really good site, you have to request membership so that it remains a safe place to discuss your situation.

    Take care, Vonnie x

  • Thank you vonnie, I'll look the site up.

  • Dear Philip I'm so very sorry to hear this, but unfortunately no amount of support from fellow sufferers can either make you feel better or pay the bills, it's a wonder the worry and stress hasn't killed us. There seems to be nowhere to go next, no one is listening. Talking of limbs removed, my next door neighbour lost one leg below the knee after a car accident many years ago, he does not have any pain, take any painkillers let alone fill his body full of disease modifying drugs, he walks up to six miles at least 3 times a week, rides a push bike, plays golf on another two days, climbs ladders to clean windows and his motor home and spends up to 4 - 5 hours a day in his garden bent double tending his bedding scheme, all on plenty of help from the government! I'm not jealous its just soul destroying. It could have been so simple, a list of certain medical conditions that make us and others with equally debilitating illnesses exempt, all of which could be proven by medical evidence, instead we are all suffering because of those people in society who are lazy and "swinging the lead".

  • I think the big problem with disability related to RA is the assumption that once you are on the right treatments you won't have significant disability any more - therefore DWP doesn't automatically see it as a disabling condition. What they don't realise is how long it can take to find the right treatments, particularly in the UK where it generally takes so much longer to "graduate" to anti-tnfs, and far fewer people get them.

  • Unfortunately RA isn't my only disability and hopefully one day lol I'll get something that totally helps my RA lol, I'm now waiting a rheumy appointment and I'll see what's going on.

    Philip

  • The mind boggles how people get away with all these things, those who suffer for real are made to suffer more and more.

  • Hi, how awful for you. It took me about a year to finally receive DLA . It took a strong letter from my GP to finally seal it. As he explained I am not the same on any day so there is no guarantee I would be able to turn up to work. Can you appeal? I cannot explain why or how I know but please it is worth appealing and appealing...it seems very cruel when we are really hurting and unable to do the normal things we are not listened to and it annoying to hear others who receive it who really if we are honest..are not really ill. Keep at it and I wish you all the best...I know that doesn't help really but I do sincerely hope you keep trying. Take care. Mary x

  • The country is driving me mad, I have my DLA and that took about 10 years and I now have it indefinitely but that's going to change too so what can we do? We are all it the proverbial.

  • Have you heard it's going to change for you...does any of your meds affect your memory???? Maryx

  • Yes I think so , I'm on lots and lots of pills plus 7 injections a day, driving me mad, how do you mean change? , I suppose the only thing that's changed so far is the name of the benefit. My GP refused to write me a letter of support.

  • Sorry, I've just re-read your post...what stage are you at now with DLA? Mary x

  • Hi Mary I have my DLA high rate on both, it's my incapacity benefit that changed.

  • Do you keep a daily diary about how you are affected...if not I think it may be a good idea to start now and write down absolutely everything . Someone told me to do that because of my memory, this I have started to do that in this last week..a diary is most helpful..mary

  • I don't because I can't remember lol it would be something I had to do there and then and even if I did I'd forget what I was on a bout lol, yes you are write but not really for me I'm sorry to say. It's no wonder there are so many friends on here, all the kind help and advice, I think I would be totally lost with out.

    Thank you.

  • You are very welcome I wish I could help more and you are right all the lovely people on here have really helped me cope. You must not give up though...I see someone has given you the name of an organization to try...please do try them. Mary x

  • So sorry to hear you lost your appeal. It's so worrying and frustrating. Do try again and again and don't give up I am fortunate enough to have a job at the moment but with this being a progressive disease I thought ahead and decided to get some income protection in case the day came when I couldn't work. I was turned down by the insurers. So now if the worst does happen I will have no wage, insurance or government help so I would be basically ......... er.... buggered! Take care snd keep us updated x

  • They said I can appeal against the appeal but I'd probably be brain dead by the time that comes along lol. I haven't worked since 1994 due to ill health and things are going down hill, every winter I seem to develop a new illness and I now have 10 or 11 lol.

  • It seems those who treat their bodies badly get money and help. Those who have an illness they cannot help get nothing. Some people with MS look fine but suffer deeply are they in the same boat? I know I can't take pain killers and fortunately over 65 in that they are not assessing the DLA for those of us in that group YET!!!!! But pain is a disability in its own right. Difficult to assess as everyone feels a toothache differently but????? Justice where is it now?

  • I totally agree with you, I have a friend with MS and she is going through hell too, one day the worms will turn and cameron will fall into the tunnels and become very disabled and see what he has to say.

  • This is shameful Phillip. Surely pain is a main contributor to the inability to carry out the tasks set out in the new forms? Don't forget, it states that you should be able to carry them out with reliability and repeatedly. Please phone the NRAS helpline for advice on this..........don't give up!! xxxxx

  • You would think pain had something to do with a disability but not to them, I'm losing my marbles and it's so hard to concentrate on things I don't know where to start again.

  • Was that a full appeal - to the tribunal - or was it a "mandatory reconsideration". If the latter then you can still appeal to the tribunal, but be careful about the cut-off dates. Also you have a much higher chance of winning in tribunal by getting there in person, however difficult. You may find the court will provide transport / costs if you contact them ahead of any hearing. Sorry to hear of your problems, I'm just in the first stage of IB to ESA migration, (form sent off) so expecting the brown envelope any day now......

    I have had to appeal at every stage of claiming every benefit, and it's just such hard work I can understand if some find it too difficult, being repeatedly inferred as a liar or malingerer. All of us here know the truth.

  • It was a full appeal lol

  • Thank you all for your kind words of support, I really hope that something changes soon for the sake of us all.

  • If you're on high rate mobility then you will go into the support group as you have passed one of the main descriptors! You cannot obviously walk more than 50 metres without having to stop to avoid unnecessary pain and discomfort!

  • Your right about that but they asked about my walking and sitting , it my hands and arms that they disputed cos they said about reaching out and holding things but they don't seem to give a damn, it's not just about walking unfortunately, it's really pathetic.

  • No, it doesn't equate with high rate dla. I was on that , even so, I got put into wrag.

  • I would advise you to go to a citizens advice centre to get some help Phillip. Its a disgrace that sick & disabled people are put under so much stress. That's really going to affect their illness in a negative way. Good luck.

  • Philip, if you can't walk more than 50 metres without stopping to avoid severe discomfort then you are given 15 points for that descriptor AND it pushes you straight into the support group without regard to anything else!

  • No it doesn't I'm sad to say, there are other descriptors that apply and they are to do with your hands and your reach, this is really crazy world they really are not interested in pain at all and they are trying to save as much money as they can to pay for the new train lol

  • NB This requirement has now been changed to 20 metres.

  • Only on PIP, not on ESA, as yet!

  • Hiya, I went ln my wheelchair but they were more concerned about my arms lol, im on high rate for both, its crackers lol.

  • Dear Peter,

    It's truly terrible, but as u said a sad indictment if the government thrust into their idealised view of all into work. I really can not believe nick clegg , allegedly a liberal can sleep at night. Take care.

  • Hi case, this really is how things are right now.

    Philip

  • Philip, I don't wish to argue with you but I have just gone through the process and after dealing with the shambles that is their assessment process ended up going to my MP from which I was put into the Support Group within 2 weeks of approaching him. I complained indirectly to Ian Duncan Smith through said MP and received a written apology from Duncan Smith himself.

    I would suggest you get yourself better advice and read up on the rules and regulations yourself. Do not accept what the DWP or Atos tell you.

    Make sure you present your evidence properly and present it in a way which addresses their questions.

    I will not add anymore, as it's your benefit, but I wish you all the best in the future.

  • I don't want to argue either lol , it looks like I came across the wrong way, sorry I didn't mean too, I shall do as you say and contact my mp what use he will be will remain to be seen lol, I've not had a medical from ATOS though and they swines did it all on paper, I did go to my appeal and it was a waste of time lol, wow please on advising me if you will lol and I will keep you posted, did you write to your mp and if so what did you say ? Or did you visit in person? I really am sorry if I came across the wrong way but I don't mean to honest , please for give me. :-))

  • Philip, it's come to my attention that you went to your appeal in a wheelchair! If that is the case and you mobilised in a manual wheelchair more than 50 metres then you will not get 15 points for that descriptor or be put straight into the support group! This is why YOU must know the qualifying criteria!!........and that goes for everyone who goes through this process!!

  • I did go in the chair but fortunately my son who is 17 pushed me on to train and then all the way in to the appeal centre and then one of their people actually pushed me into the office and my son waited in the hallway so to speak, and then their man pushed me out again to wait for the answers about my esa and out to the hall way, I don't have the strength to use the chair on my own lol I only wish.

    In the first place they sent the forms out and I filled it in and posted it and just waited, when I eventually I got my letter it said even though I had at least 15 points, they have decided that I am still capable of some work and therefor put me in the work related activity group.

    I phoned the benefits office up and the person didn't have any information about me and he put me down for reconsideration, I didn't have an option to speak to anyone else about this and I received my letter about them not changing their minds on my case , they then went on to say they have now sent it off for an appeal and that was that.

    I've obviously not said the right things when I was there and that must be because I'm thick or going daft or both lol, there were only two people at the desk, a doctor and chairperson, both ladies, the doctor was the one to ask 95% of the questions.

    Thank you for your time and help with this.

    Philip

  • Philip, you're not thick but I think you need help to present your case properly. When I did mine, I knew all the regulations and completed the application properly. I have a lot of experience in writing evidential statements and believed my application was a certainty to go through. I had extra medical statements. I knew I had fulfilled all the criteria. But guess what? The medical assessment was completed by a supposed nurse who it seemed was writing about somebody else. He contradicted himself three or four times in his twenty three page statement. He stated that my ankles only had mild arthritis when he examined me on the couch despite scans showing a complete disintegration of the ankle joint. I've just had a triple fusion of my right ankle and the other is to follow. Later on he said I was unable to climb on the couch!!. His report showed that he was completely incompetent. The DWP decision maker was just as useless. She took one line from his report, ignoring all the other medical evidence and put me into the Wrag group. . I wasn't even notified of the offiical result until I chased it up through my MP!

    Everybody I spoke to was aghast at my treatment so I complained through my MP to the DWP and Duncan Smith with the result already said.

    You need to present the evidence correctly and still expect to be turned over! However, you can then approach your MP and ask him to proceed with the appeal....you shouldn't have to wait a year for the appeal to be heard. Make a complaint to the DWP, ATOS and Ian Duncan Smith directly! I am not the only one who this has happened to. A very good friend of mine in a different part of the country received the exact same treatment. She followed my course of action and although she didn't get an apology from the Minister, she received a goodwill gesture from the DWP of £100 plus was put into the Support Group.

    I didn't mean to sound harsh to you but this process frustrates the hell out of me! As I said, try to get somebody, who knows what they're talking about, to act on your behalf. Best of luck to you and to everybody else because these battles are going to continue forever. Keep fighting!

  • Hi cattledog, thank you very much for your excellent advice, I will have to look into this deeper and get round to my mp, I have asked for support from him in the past and he has refused, I shall also ask at the welfare rights if they still exist that is, I shall continue and not give up, thank you very much for your help and patience.

    Philip

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