Question about Disability Benefit

Hello pushy angie

Thanks this is really interesting stuff - I was aware that blue badge holders, under the incapacity benefit claim are already being put in the hands of the local authority - there was a thing about this on the TV the other week - it was for the reason that you stated - they consider that the claimants GP's are \"too lenient\". This has already been challenged by I think an MP or it could be a lawyer who say's that it's illegal to do this.

This whole sysyem is totally out of control, and they know it.

This morning I phoned my local DBC office, and asked them why they haven't replied to my letter of complaint against them - that I sent on the 5.7.09 - do you know what they said? What letter!!!

I'm not standing for this - So I phoned Blackpool which is where you go to if you want to know anything under the Freedom Of Informatuion act 2000

They took a dim view of this, and it's now under investigation - I'm at the moment waiting for a phone call from them. I will tell you what they say.

Just watch this space - I'm not fighting just for myself - I'm fighting for the whole country because I believe there's hundreds of thousands of people out there who should be getting benefits, and they're being turned down by these misfits, called Decision Makers.

I might be interested in the email Angie - we'll wait and see what happens next.

Alan D

Hello everybody

Blackpool, got in touch with my DBC centre and asked them what was going on. Suddenly a woman from my office comes on the phone to me - and surprise- surprise. My letter that I sent to them a month ago, has suddenly turned up! I asked her what was going on at my DBC centre, as there was 3000 cases per year that were wrong from their office.

The woman went very quiet, and told me that it wasn't in her remit to tell me. But there would be good news for me, all my questions will be answered - so this is going to be very interesting - maybe we're all going to finally find out what: \"virtually unable to walk\" means, and what the meaning of the walking distance before \"severe discomfort\" means because at the moment - I told her that nobody knows.

I also told her that the provided doctors were being forced to make guesses, and that they were using these guesses to make their decisions.

I also told her that my case was being played out on the internet.

She then went speechless!! She told me that i would have the answers to my questions before Saturday - So you'll all have to wait to see what they come up with -I can hardly wait.

If anything happens I'll let you know.

ALAN D

wow alan you must begiven a knighthood lol. who are they to mess us(you) about?? they make things so hard to understand and follow through. i have never understood all this gobbldy gook, when i filled in the forms originally years ago i had such a rough time doing it, i have even more now my thyroid troubles are apparent . let us know how things go, and keep us up to date, and good luck yet again..... chris xxx

Hello Chris

So far I've heard nothing from these people - they promised that I would hear from them by Saturday but I haven't - I really cannot see them answering my questions because if they do - it would open up the flood gates for everybody. I believe that there is at least another 20.000 people from my local DBC office who would have been awarded the benefit if only they would have appealed, and thats only in the last 2 years. This is a terrible state of afairs for the sick and vulnerable people of this once great country - it saddens me to see them attacking the sick people of this country - while they line their own pockets with out money.

No matter what happens everybody, they will not be able to buy me off.

I'm going to sort this injustice out once and for all- they are not going to be allowed to get away with this any longer.

Alan D

Hello everybody

Would you believe it, I've had a reply from the head decision maker at my office.and guess what? It's closing down!!! It's no-wonder that they couldn't give a toss about making correct decisions, they've all got the push!!! Please forgive me a minute while I wipe away a tear.

\"Virtually unable to walk \" means in their words: that the customer is so disabled that their ability to walk is severely restricted to the extent that to all intents and purposes they cannot walk more than 50 yds unaided.

When making a decision about this aspect of the claim the Decision Maker will take into account the manner of walking (gait & balance) and any pain the customer experiences whilst walking.All these factors are considered together and not in isolation.

So the distance we're all looking for before severe discomfort is 50 yds - any claimant who puts more that that will lose their case - This is why these provided doctord put down on their forms against you 200 metres - They know that you will lose your case. These doctors are working on behalf of the Goverment - if they dont put that down they will soon be out of a nice little earner!!!

The difference between the \"opinion\" of a Disability Analyst and the \"factual report\" we ask Gp's to complete is that the GP will have seen and examined the customer and may have prescribed medication or other treatment based on their findings. They are therefor able to provide this as factual information.

Decision Makers are not medicaly qualified and sometime come across a disabling condition or cours of treatment with which they are unfamilier. We therefore have a procedure in place where, if they think it necessary, the Decision Makers can ask a Disability Analyst for their opinion on the likely effects of the customers disabiling conditions on their ability to care for themselves or to get around. They may also seek advice on the severity or likely duration of a condition.

Quote: \"The Decision Maker did not ask for a Disability Analyst's opinion on your case as they did not feel it was necessary to do so.\"

That was nice of them. This is what my GP said in his medical report about me: \" Alan D suffers from the medical problems listed below. He is unable to pursue he's job due to generalised body pain and dizzy spells. He is unable to go outdoors and walk even a few yards due to dizzy spells which make him unsteady. The aches and pains in his shoulders, neck and whole body aggravates the situation\"

Wow! what do you think of that? isn't that just about the most perfect medical report you could possibly get? It ticks every box in the criteria of their claim pack. But no it didn't!!!!

They told me in their previous letter that they carry out surveys on what the public have to say about the claim pack - Oh, no they dont _ they've admitted that this statement was a lie. God help us. I've told them that it's unbecoming of an orginazation who are put in place by the Goverment to oversee fair play - to actually tell a lie to try and enhance their arguement against me is dispicable behavior.

There are 146 Decision Makers working at my office - but not for much longer!! This would mean that on average, if my maths is right. These people are getting it wrong - 20 times for each Decision Maker per year.

I will be writing to the next in line up their ladder to see what's going on here - but there's no point in making a complaint against my DBC if it's closing down - because that all that i would be able to do - is get it closed down as it's not fit for purpose.

I'll speak to you soon.

ALAN D

Hi all Sorry I haven't got back to you sooner been a bit too sore to go on the comp. You should go on to the Benefits and work website I had to go to the CAB yesterday re my review for this and I asked the advisor if it was worth bothering as the government was trying to scrap it and she confirmed it and said that the CAB and some other disability orgs would also be. But some disabilty organizations are actually in favour of it. Hope this helps. Take care

Hello everybody.

Friday the 4th is the day of my appeal -pity it wasn't Friday the 13th!! I'm ready for them - I've put five complaints to the DWP about their conduct, which includes telling me lies.

It appears that the Decision Makers at my soon to be closed DBC have become self - proclaimed expert medical analyst's over the last couple of years - I really hope that I can put a stop to these people's antic's - so far i've had no-responce to my complaints, which doesn't surprise me really - they cannot answer my questions. There's definately something been going on at my DBC that shouldn't have been. I dont know if this applies to the rest of the country - but why dont you find out.

Ask under the freedom of information act how many claimants have been turned down for DLA by the Decision Makers - how many claimants were there, and how many elected to go to the appeal tribunal - and how many claimants won their appeal? You may get a shock with the answers as I did. Are you still on line SES? It's hard to find this page now - they seemed to have moved it for some reason. I wonder why that was?

ALAN D

MY claim is with the commisioner...... not heard anything for ages so doubt, they will take any notice of me.... GL with your Claim Alan x

Not been too good with personnel issues and I am feeling like crap today been like this since last tuesday

Sorry to hear that you're not feeling too well SES.

I went to my Appeal. I can only describe the experience as an interogation!! For one hour I was subjected to Questions that had no relation to my claim - I was told from the word go by the sitting judge that they would not discuss any points that I was saying about the DWP's prcedures - I received a letter from somebody high up in the DWP who wrote and told me that, and I quote \" the provided medical examiners do not have to witness you walk\" to make their report about you.

God help us all!! because that means the claimants stand no chance whatsoever of winning their claim, if the provided DWP doctors state anything in their reports that would in any way be in favour for the DWP.

You own GP's medical report is (irrelevant) to your claim. ( no-matter what they write) My GP claimed that I would \"not be able to walk even a few yards\" The appeal panel took no notice of his report.

When I got up from the chair at my appeal I fell against the door - the clerk opened the door for me and I almost collapsed outside. The clerk asked me if I was alright I told her no. The interogation, and having to sit for one hour in a chair had taken it's toll on me - despite their being a doctor present - she never came to my aid, I was left having to try and recover in the lobby!! The clerk came out to me and said that I could go - I told her that I wasn't well enough - believe me they couldn't care less.

I recieved a letter a few days later informing me that I did not fit the criteria for a claim for DLA. I wrote over a month ago requesting their reasons why - which is everybody's right but so far I've heard nothing.

I attempted to get a \"Blue Badge\" but the criteria is that you must be unable to walk 100 meters without suffering severe discomfort.

The provided DWP examining doctor - put on his report that in his opinion \"I would be able to walk 200 metres but would have to take a few brief halts\" so that has stopped me getting any help with that. Once again My GP's opinion of my walking capabilities was irrelevant - This system is corrupted and completely biased to be in favour of the DWP.

Good Luck to anybody who think that they can make a claim for DLA against the DWP or the claimed independent tribunal panel. Because I now know something different now. - but the fight goes on.

I'll keep you in touch with the next steps - dont let them get you down SES

I'm still fighting for us all.

Alan D

Hi i'm a new member, my name is Angie and i am 45 years old. I suffer from degenerative discs and have had 2 lots of spinal surgery to repair the disc problem, it's left me with nerve damage down my left side and i also am suffering with carpal tunnel syndrome in both hands.

I have just read the posts on the last couple of pages on this section and i am apalled at your treatment by the DLA Alan!!!

I had a claim for DLA when the discs went in my neck several years ago and although i had pins and needles and numbness from my neck down and was barely able to get out of bed i didn't get the mobility element of DLA although they awarded me the highest rate care component. After my surgery i returned to work and handed it all back, 9 months later 2 discs went in my lower back and i had to give up work. I attempted to claim DLA again and they refused me anything, i took it to appeal and had asked my neurologist to write on my behalf, i don't know if he did, they wouldn't tell me!! I got the lower rate care again and that was it. I took it the next step and was told that as i could walk i wasn't entitled to the mobility element. I asked them what the criteria was for the mobility element and they weren't very helpful but said that i could walk further than they state and therefore wasn't elegible. I told them that i had problems judging distance and wasn't sure how far i could walk without having pain and having to stop so they suggested someone come with me and measure the distance and i should let them know when i have done this. My mother in law came with me and measured the distance and she wrote them a very firm letter and lo and behold they awarded me the highest rate mobility!!!

In my experience you have to fight like bloody mad to get anything but i'm like a dog with a bone and never give in to them , i know not everyone has the courage to fight for their right to help but i wish they would and maybe then the government would change the way they hand out money.

hello angelicghost

Thank you very much for your posting - I found it very interesting - I found that all of the people that are involved regarding a DLA claim.

from the Decision Makers to the Chief Exective right to the Appeal Panel.

All seem to working to try and stop the claimants from claiming especially for a physical condition- but when it comes to a mental condition they wont stand in your way - and the information given out for the the criteria for ther claim is very sparse.

I applied over 6 weeks ago for the appeal panel's \"reasons\" for turning down my claim - so far, I've heard nothing. I cant challenge them until they respond and I really cant see how they can respond? All these people have gone against their own kind!!

The Judge at the hearing has gone against the lawer that I took advice from - the Doctor at the appeal has gone against , my doctor and all the cosultants - The Disability person at the appeal was a bit of a mystery to me, I really dont know what she was.

The other day I was playing with my Grandchildren one of them sat on my back and one of the sat on my legs while I was sitting on down on a sofa. - the next day my whole body started shaking from head to foot and the pain was unbearable. and I wasn't able to walk not even a few steps as my GP had stated in his medical report. These people who make the decisions against you have no idea of the suffering some of us have to endure. I got the feelig that the panel at my hearing was moreorless making fun of me - they were all trying their best to catch me out - but they couldn't because what I was telling them was true.

I cant even get a \"blue badge\" because the Examining doctor who came to my house wrote that in his opinion I would be \"able to walk 200 metres but would have to take a few brief halts\" The criteria for the badge from the council is 100 metres!! I 'm stuffed every way I turn by a system that is totally biased to be in favour of the DWP - A decision was made against me by a DWP doctor who knew me for just 30 minutes - who didn't see me walk anywhere, and who gave me a medical that lasted just 2 minutes.

But this persons medical report was taken as the absolute end of the case.

by the the DWP - and The Appeal Panel - there is no way that I would consider the People on my the Appleal Panel to be \"independant\" as they have claimed to be.

I will tell you what thay say , if they ever give me their reasons why they turned me down!! The reasons will have to be good because the next step for me, and all of us- will be through the legal system - because there's something cleary morally wrong with the current system at the present time.

Regards to everybody

Alan D

hello everybody

I thought that I'll tell you - I've now written a letter to the Tribunal Service

with two complaints. The first complaint is that the Judge never followed pocedure at my hearing - He made it very clear to me from the word go that he would not be comenting on anything past the claim form - a huge amount of evidence was produced by me after the claim form, and a series of complaints had been lodged at the Decision Makers but I wasn't allowed to say anything. It clearly states in the tribunal procedure that \"the tribunal is likely to focus on the issues that are in dispute\" But they didn't all they wanted to talk about was things that were irrelevent to my case. The layperson asked me one question only and that was: \" do I go to garden centres?\" What's all that about? it semed to me that these three people on the panel were just out to waste time - I believe that they had already decided before my hearing that I was not going to get any award because I had dared to challenge the sysyem and their colleagues at the DWP - these people claim to be \"independent\" but they're not, reason being: if you fail to turn up or dont want to attend your hearing they will turn down your claim no-matter what the evidence suggests.

Which proves that they are not independent from the DWP. - Also I believe they act in the same manner as the DWP by refusing to accept any evidence from your GP - My GP gave me a (cast iron )case for the benefit but they still turned me down. I still haven't had any reason yet from this panel of people, and it's coming up to nearly 6 weeks since my hearing. and I've phoned the Tribunal Service twice to ask them where it is. I wonder why they cant produce the document?

The second complaint was I collapsed at my hearing as I went to get up from the chair - I became dizzy ( which I told them could happen to me)

None of them came to my assistance despite there being a doctor present

This is the kind of people that you're dealing with. And every single question that was asked at my hearing was a \"entrapment \"question.

There is no way on this earth that in any stretch of anybody's imagination call you call these people \"INDEPENDENT\" beware of them they're very smarmy people. I'll keep you in touch to what happens next.

Alan D

Hiya Alan,

I am incensed at the treatment you are receiving :x (particularly with the MP's expenses fiasco at the moment.) :evil: I don't know how you are keeping your cool with these arrogant, ignorant idiots!! :x :x

I can only wish you the best of luck.

Take care

Emxx

Hello Emm

Dont you worry - I haven't finished with these people yet!

I've found the whole system of Decision Makers and The Appeal Tribunal Service Appeal Panel - something to be desired.

The appeal panel are obvoiusly having some trouble with giving me their (reasons why) they turned me down - because it's been

6 weeks now since these horrible people made their decision against me.

For these people to be classed as \"independent\" is a joke.

I can remember the whole transcript of conversation between myself and these people - as you may have already guessed I'm a writer - so I have the ability to defend myself. I'm working my way through to the top people, and will eventually get to the bottom of this un-fair system of assessing sick people.

I believe that the tribunal service will have no-choice but to give me another hearing - because the judge has made mistakes in procedure - these people think that they are (it) and can do what they like - but they come up against somebody who will fight them all the way and show them up to what they are in reality: MOONLIGHTERS - thats all these people are they just earning some easy money on the side.

They'r real job is to try and \"ENTRAP\" people at the hearing for the DWP.

So that they dont have to pay out. they're not interested in your evidence.

I will keep you all in touch with future developments.

Alan D

I am extremely apalled at your treatment Alan, i can't tell you how infuriated i am for you. I am in complete agreement with you though regarding the fact that they make you feel like they are trying to \"catch you out\".

I was told a couple of weeks ago that i should be informing DLA that i am in more need of help regarding my care component. I currently recieve the lowest rate due to so much nerve damage from surgeries that i kept burning myself so now have to have all hot meals made for me. I was diagnosed with carpal tunnel syndrome in both hands and impingement in one shoulder about three weeks ago and had to attend a back to work review. The lady at the job centre said i should inform DLA i am in a worse condition than when i claimed and i told her not on your nelly. I have heard of people doing this and losing their current claim altogether, not a move i am about to make for fear of losing what i already have. This is totally wrong and i shouldn't have to have that fear but i do and i do need extra help as i struggle to use my hands a lot of the time. ( Got my neighbour typing this up for me! )

I really do support you in your fight for the rights that should already be yours.

Keep your chin up , we're all with you on this one !!!