Question about Disability Benefit

[quote:d98c41e522=\"Alan D \"]I'm in he process of waiting for a appeal to go to a independant tribunal for Disability Benefit. I've been diagnosed as having severe Cervical Spondylosis - I also have a Myclonic condition [muscle spasms] I'm in pain 24 hours a day - and find it hard to cope with life - The decision makers at the DWP turned me down for Disability Benefit on the grounds that I'm able to walk in their opinion 200 metres before the onset of severe pain.

The question that I would like to ask sufferers of CS is:

Are there any fellow sufferer of Cervical Spondylosis out there that have been [granted] Disability Mobility Allowance?

Reason for the question is: I believe that the DWP dont class this condition as being a disability - Please respond it's very important.[/quote:d98c41e522]

Thanks for the well worded replies Alan.

With regards to pain relief, nothing works that I have been prescribed - upto 12 x 50mg Tramadol per day, alongside 8 x 500mg Paracetamol (pain clinic suggestion as apparently it is still a powerful painkiller!), 50mg Pregabalin twice a day as well as Morphine as & when is needed (usually 10ml (20mg) at a time which has literally no discernible effect at all). In the past I have been on virtually every prescription pain killer other than the really serious stuff (fentanyl, oxycodone, diamorphine, etc). Even a TENS machine was a waste of money as I was told by the local hospital departments (three hospitals I tried) that the earliest they could fit me in to a TENS clinic to be shown where it is most effective to place the pads in conjunction to the problems was 4 months away!!!

The diagnosis of Rotator Cuff Tendonitis turned out to be yet again another mis-diagnosis, as the last MRI scans showed prolapsing of C6 & C7 discs (which gives me almost a full set of problematic cervical disc's as C2-C5 are Spondilised (if that is the correct term!). I am now very concerned about my left arm as I have noticed a severe loss of grip and motion over the past month due to the nerves being trapped by the prolapsed C6 & 7 discs.

Had my last DWP medical last Monday, and I was in serious pain, and literally forced myself to push through the agony to perform the \"exercises\" that the DR asked me to do (the ones that I could actually start to do).

Waiting now to see Orthopaedic Consultant about the prolapsing & no doubt I will be told to go through a load of physio again (which made things worse last time & no doubt will again).

My fiancée is totally understanding of the problems, but I just feel guilty about it all - even though I do try and do as much as I can myself.

With regards to DLA for C. Spondylosis, I got turned down every time I applied (hence why I have given up now, even though my mobility is affected due to the body mirroring the problems & pain in my lower spine - no detectable problems other than the pain from it).

Go to your Local Authority or local CAB and ask for representation fo rthr appeal. It will also be hepful to get supportive medical eveidence to take to the appeal, if possible submit it 7 days befor ethe appeal. Make sure the evidence is supportive, do not present any evidence that may call your claim into question. In Scotland you can apply for legal financial assistance to get medical evidence for your appeal via Legal Aid, I dont know where you live but this may be an option for you.

I hope this is of some help.

Hello Penny 77

Thank you for your reply - I presented the strongest case that you could possibly imagine to the Tribunal - my GP medical report was set in stone.

But there's clear evidence coming through that the Tribunal Service must have been told not to accept the claimants GP opinion.

The Tribunal accepted the weaker opinion of the Disability Medical Examiner in my case, and then acused me of being \"evasive\" in my answers to some of the questions being asked.

I 100% agree with you that nobody should go to these Tribunals without having legal representation - I'm convinced that if I had a laywer with me I would definately have been granted the award.

but I'm at least testing the system for other people - The Tribunal judge in my case was prepared to tell lies to protect his erronous document \"reason for decision\" and I intend to get this person thrown off these panels, because he is clearly a (not fit for purpose person)

Hello everybody

There's still no news coming from the Tribunal Service regarding my appeal to the Upper Chamber - The latest news that I received from the regional judge handling my case was that he has no-intention of getting a statement from the clerk of the Tribunal hearing that I attended - she witnessed my problems when getting up from the chair, and what happened outside the room. He says that he will only get her statement after my appeal has been heard - these people wont do anything for you.

I would really love to take my case to a propper court of law because the judge at my hearing told lies!! I dont believe that this should be happening at a Tribunal hearing - if the so- called \"indepenent\" judge has to try and lie his reasons why he turned me down - what kind of country is this? I thought that this kind of behaviour only happened in corupt countries. is England corupted?

There's something cleary wrong with the system of DWP Decision Making and it appears that this also applies to the Tribunal appeal service. You cant trust these people to give you a fair hearing.

The show goes on - whatever it takes I will do. I will fight them all of the way. This country does not give a toss about sick people.But I do.

Hi Alan, got every thing crossed (as far as poss) for you. I keep checking the site for news from any one but it seems to have gone really quite at mo ?? still off from work, in my 7th week now and still waiting for injections appt !! have to have a series of five along spine, sooo hoping this works and i can get back to work. Dreading my heating bill as have to have heating on constantly to keep warm as you well know. best of luck with the appeal.. stay warm and pain free if you can. macca. xxx

hi macca, yes it has been quiet for some time now, i keep looking for new postings but nothing. i know what you mean about the heating being on all the time , but at least it being on constant keeps it better than off and on all the time. i myself am waiting for a thoracic and cervical mri, which was ordered in november. i have had my conductivity tests, which were so painful, left me with more pain in my arms. with it being colder the pain has increased so much, my family dont understand why i dont go to the drs, but he does nothing and wont until i get my results back. i hope you had a good christmas and new year and wish you all the best for the coming year xxx chris

Hello everyone.

There's still no news from the Tribunal Service or the Upper Tribunal

I really believe that my case has set them problems - I really dont believe that the tribunal service would want it going to the Upper Tribunal.

The Upper Tribunal is getting closer to law - In my case the tribunal service let me down with the people they appointed on the panel. I clearly had the stronger medical evidence to support my claim but the judge choose to tell lies and he's been caught out.I still haven't had his version of the (record of proceedings) only his hand written version which was imposible to read.

I'm going to give them until Monday, then I'm going to phone up to see what's going on - I will keep you all in touch.

Nice to hear from you Macca - keep your heating on - it's bad enough hurting, there's no point in being cold as well!

as we need to keep warm, and keep the heating on all the time, wouldnt it be nice to get help with our heating bills. i also suffer with an underactive thyroid which means i feel the cold more than most, so that on top of cs is awful.. HELP would be good dont you think... bye the way hi sorry i just had to spout while the thought was in my head,,,,, chris xx

Hello everybody

Here's the latest - I phoned the Tribunal service Monday and asked them what has happened about my request for the document \"reasons for the decision\" to be typed out because I wasn't able to read the judges handwriting, and this document is very important to my case. Well I was told that a typist from the tribunal service attempted to type it out for me but like me was unable to read his handwriting - so the tribunal service have sent the document back to the judge for him to let eveybody else know what he actualy wrote. that was on the 6.1.10 but so far he hasn't responded - maybe he cant read his own handwriting!!!

I also asked whether I had been granted permission to appeal to the upper tribunal - because you have to get permission from the tribunal service to do so. The answer became very interesting. I was told by the tribunal service that they are going to sort it out themselves rather that letting it go to the upper tribunal - I believe the reason for this is because the tribunal judge at my hearing told many lies, which if came out in the public world would put the tribunal service in serious trouble.

I would really like a proper court hearing and put this judge in the dock!!

You cannot treat vulnerable people the way that he treated me.I felt like I was a criminal at my hearing and that he was conducting a criminal case - maybe in his warped mind he was - These so- called judges at the tribunal service hearing's are many young lawyers, looking for a bit of pocket money, but they're playing with people's lives.

I'll keep you in touch if anything happens - It's been 1 year and 4

months since I started my claim - what a country!!!!

Hi Alan, I applaud your determination and commitment. I look on here every day to see if you have had an answer, keep us all up to date as we are all behind you. take care, macca xxxx

hello everybody

I got a letter from the tribunal service yesterday - The judge at my hearing has finally typed out the record of proceedings. In it, he says that I said that I use a \"wheelchair\" to take me to the plane when I go to Spain - in his version of reason for decision he says that I said that I use a wheechair when I'm in Spain - I never said any such thing!! He's version of what was said doesn't match up with mine.

In his document (reasons for decision) he claimed that I was \"evasive and un-helpful\" when talking about my walking ability but his record of proceedings doesn't back this statement up - He also wrote that something was \"handed in\" at the end of the hearing. He knew full well that what was handed in was in fact my closing submission which I was entitled to read out - but he wouldn't let me.

Let this be a warning to anybody who reads these pages - These people on these panels dont mind doing a bit of lying and they will pick up on any slip of a word that you may say, and use it against you.

The biggest entrapment question is : \"can you walk to the shops for ten minutes most days\" If you say yes to this question you will most definately not be awarded DLA benefit - They'll ask you this question in a jovial manner to catch you off guard - but it's a trick, so be careful.

I've been granted my appeal to the Upper Tribunal so we'll wait and see what happens there.I'm really looking forward to taking them on. I have the medical evidence in my favour to be able to beat these people.

Thanks macca, I'll keep you all in touch.

Hi Alan , OMG is all i can say at the moment, I'm so frustrated for you. Hope you get your say with the upper tribunal and they act in a professional manner, unlike the other panel. So, more of a battle for you, how are you coping with all this crap on top of CS ?? :evil: What qualifications have these people got ??? any way we can find out??. Any thing I can do to help, just let me know. Just know that all the folks who read and contribute to this site are behind you 100% and not just because you have taken this mad machine on. Stay well and take care, look forward to hearing from you very soon. macca xx

hello everybody - thanks macca

I made a mistake in reading the letter from the tribunal - I haven't in fact been granted permission to appeal to the Upper Tribunal - this is still in the hands of the regional judge - this system is nuts!!!

I've had to write a letter now to him telling him that I still want to appeal to the Upper Tribunal. I thought that I had already told him this?

This is doing my head in - but I will carry on to the final end - If I'm successful then I really hope that it will set a presedent for sufferers of CS

because at the moment it's become very clear that the DWP dont consider this to be a disability - but all us sufferers know better dont we?

I dont get any good days, I'm in pain all of the time, the pain could generate anywhere in my body at any time, at the moment while writing this - I've got pains in my shoulders, arms and back. This is appalling situation -I cant understand why the the DWP cannot see what a terrible ailment that CS can be.

Anyway the show goes on - My paper work on this case is now about a foot thick!!! This is getting so interesting now though - I really believe that I've got them on the run.