Question about Disability Benefit

Hello everybody

There's news? The Judge has refused me permission to appeal to the Upper Tribunal - on the grounds that in his words:

\" The appellant has applied permission to appeal against the decision of the tribunal.

It is not appropriate to review the decision because the correspondence from the appellant makes allegations about the conduct of the hearing, the only ground on which an appeal can be made to the Uppaer Tribunal is that the First Tier Tribunal has misapplied the law. I do not consider that this has occured in this case.

Permission to appeal is refused because the Tribunal was entitled to reach the decision it did on the evidence available and has given reasons for it's

decision. The matters raised by the appellant are questions of fact only.\"

Well what do you think of that? I've searched the web but cannot find anything that says that these tribunals are conforming to any laws- in the literature that they give you it states that these are informal affairs.

Can any of my friends out there find any laws that these hearing Judges have to conform to? If you can please tell me.

I've found a document that moreorless states that these Judges are the law - they can do what they like, in fact they're a law unto themselves. Irreproachable. So if they're the law? it's impossible for any appellant to be able to appeal to the Upper Appeal. It doesn't matter if they dont follow precedure or tell lies to endorse they're decisions.

God, what a country this is!!! you would get better treatment from forgive the expression - A third world country. It's hard to believe that this is Great Britain. The treatment that the state dishes out to vulnerable people is unbelievable. They've clearly set up these hearing Judges to be they're law.

I've found a document on the web by some top lawyer who reckons that these tribunals especially the upper tribunal are illegal. He gave his reasons which are too long for me to write.

What chance have we got if a top lawyer is questioning these establishments?

I haven't given up- I've just written a letter to the Upper Tribunal, giving them the reasons why my case needs to be looked at by professional people. So we'll see what happens next - I will keep you all informed.But it looks like a bit of a closed shop to me.

Alan D

Hi Allan

Have you thought about writing to No 10 about all this as I certainly would and I would state this that you are informing houses of parlament about the treatment you have recieved. Just a thought, good luck xx

SES

i am so sorry to hear the reply you got from the farce of a judge. you must have been livid, to put it mildly, not good for your cs is it??. this must be putting more strain on your already problematic health. do they even consider what their reports do to the VICTIM, of there asinine ideals. surely there is something that can be done, i understand you will be setting a precedence, with any official outcome from this , but surely you have suffered enough from these officials. i dont mean give up, just they should take it into consideration. we are all behind you, give them hell and if there is anything we can do for you dont hesitaye to ask,, again good luck we are thinking of you. xx chris

Hi Alan, how you doing my friend ?? so very very sorry to hear all the stress being piled on to your shoulders. I have no words to express my feelings that i would be able to put in this message. I feel form your other messages that you are a fighter and stand for all on human wrights, I applaud your strength, resilience. May be you should take a rest as this must behaving a detrimental effect on your CS. I don't mean give up but may be take it to another level that may be able to help you, me and other CS LS sufferers . How well do you know your local counciler ?? national news paper, may be its time we all stood up TOGETHER to challenge the machine they call the system. Please contact me as their is strength in numbers, and any one else who is ready to make a stand and let people know about the terrible condition known as CS LS and the appalling treatment we get from those who are put in positions to supposedly help!!! Thought are with you my friend. macca. xx

Thank you everybody for your kind thoughts - I really need them!!

I've sent the letter to the Upper Tribunal along with the reconstruction of my hearing - the hearing Judge \"reasons for decision\" document, and I've called him a \"liar\" in the document.

The system in place at the moment is obviously constructed for the State.

It stops people from getting DLA benefits that they're entitled to - they've set up a wall for themselves under the name of law - but I couldn't find any law that these Tribunal Hearings have to abide by. It's going to be very interesting to see what happens next. This is unknown territory. I've read some documents that says that the Upper Tribunal can refer the case back to the Tribunal for a re- hearing - but I wonder how they would treat me a second time? These type of people dont like being beaten. They believe that their above us. Just because you're hurting, doesn't mean to say that you're stupid.

All I ever wanted was a fair hearing - I believed that I have a strong case - but I really didn't expect what has happened - These Tribunals boast that they're \"independant\" and friendly affairs - but when It comes down to the crunch- they the law in front of your face - and nobody knows what the law is.

I really dont know what my position would be if I attempted to take a \"civil\" action against the Hearing Judge? I really dont believe that these people should be manipulating documents and tellig lies to endorse their decisions.

My mother was a councillor many years ago, and in fact she was one of the people at the time who actually named the borough that I live in. She told me that the council was a \"law unto itself\" I believe that the Tribunal Service have been given the same such powers, and I've written and told them this. One way or another this has to be sorted out.

I hear what you say SES- macca - chris

We'll see what the Upper Tribunal has to say - you never know, they may take a dim view of what the Tribunal Service have done to me. But there again \"pigs may fly!!!!\" I'll keep you in touch - I'm going away Tuesday to Spain for a few weeks with my partner. So I can forget about this stuff for a while. I can carry on with my writing which I love - I've had a story that I wrote in January about fishing accepted for publication .

I've got a potential book already written inside this computer - it's 150.000 words and its a classic - all that I have to do is to get a publisher to take it, which is really hard - Publishers are another \"closed shop\" for most people - if you're not famous , then they dont want you- no-matter how good your stories are.

I'll talk to you all soon.X

Hiya Alan,

I'm truly sorry to hear all this, it's the absolute pits!!!

Couple of questions I think we all need to consider...

1. Is CS a recognised condition.

2. Is CS a recognised long term illness.

I have no idea on these questions, does anyone else?

Take Care

Emxx

HI THERE I HAVE BEEN READING THROUGH ALL YOUR POSTS AND FOLLOWING YOUR STORY ALAN D .I TOTALLY AGREE WITH EVERYTHING YOU HAVE SAID IT IS CRIMINAL WHAT THEY ARE ALLOWED TO GET AWAY WITH .THEY ARE PUTTING ALREADY VULNARABLE PEOPLE THROUGH MORE HELL.I MYSELF ARE GOING THROUGH THE SAME I AM NOW IN TO MY 8 MONTH OF APPEAL.I HAD A ACCIDENT 6 YEARS AGO ON HOLIDAY IN SPAIN I WAS ON A MOPED AND WAS HIT BY A DRUNK DRIVER .MY KNEE WAS SMASHED TO PIECES AND HAD 3 OPERATIONS THE ORTHAPITHIC SURGEON SAID IT WAS THE WORST KNEE INJURY HE HAD EVER SEEN.THEY PUT METAL PLATES IN IT AND SCREWS TO TRY AND HOLD IT TOGETHER BUT I WAS TOLD I WOULD A KNEE REPLACEMENT IN THE NEAR FUTURE BUT THEY ARE NOT KEEN TO DO IT NOW AS I AM ONLY 32.ANYWAY I HAVE BEEN TOLD IT WILL NEVER GET ANY BETTER AND IT WILL ONLY GET WORSE.SO I CANNOT PUT ANY PRESSURE ON MY LEG IF I DO IT JUST GIVES WAY SO I CANNOT WALK UNAIDED AND NEED MY CRUTCHES AT ALL TIMES AND I AM IN CONSTANT PAIN ,I ALSO TAKE TRAMADOL AND COCODAMOL SOMETIMES IT WORKS FOR A HOUR OR 2 BUT MOST OF THE TIME I AM IN GREAT PAIN. I APPLIED FOR DLA 4 YEARS AGO AND GOT THE HIGHER RATE MOBILITY COMPONONT AND THE LOWER RATE CARERS ALLOWANCE.THEN LAST AUGUST I GOT A LETTER FROM DLA SAYING I WAS NOT ENTITLED TO DLA ANYMORE AFTER THE DWP DOCTORS REPORT WHICH SAID I COULD WALK UNAIDED 200 METRES AND THAT IN 6 MONTHS MY KNEE WOULD IMPROVE ,TOTAL LIES ,THEY TOTALLY IGNORED MY CONSULTANTS LETTERS WHO HAVE TOLD THEM IT WILL NEVER IMPROVE.THE DWP REPORT WAS TOTALLY FABRICATED THEY NEVER ONCE EVEN ASKED TO LOOK AT MY KNEE OR AKED HOW FAR I COULD WALK I HAD TO TELL THEM AND THEY IGNORED ME AND NEVER EVEN WROTE IT DOWN.SO IN SEPTEMBER I APPEALED AND MY FIRST APPEAL WAS REFUSED SO THEN I HAD TO GO BEFORE A TRIBUNIAL ON THE 3RD MARCH I SAT DOWN AND THEY TOLD ME THEY NEEDED MORE MEDICAL EVIDENCE SO THEY WERE SENDING A EMP DOCTOR OUT TO MY HOUSE .TOTALLY WASTED MY TIME IN GOING ALL THE WAY UP THEY COULD HAVE WROTE TO ME AND TOLD ME THIS .2 DAYS AFTER THAT THE MOBILITY CAME AND TOOK MY CAR AS THEY SAID NOONE WAS PAYING FOR IT SO I COULDNT KEEP IT ANY LONGER EVEN THOUGH THEY USED MY DEPOST OF £800.00 TO PAY FOR IT.ANYWAY THE EMP DOCTOR CAME ON 24TH MARCH AND JUST ASKED THE SAME QUESTIONS AS THE DWP DOCTOR HE DIDNT ASK ME TO WALK OR ANYTHING.NOW I HAVE THE DATE TO GO BACK TO TRIBUNIAL ON THE 14TH APRIL .DO YOU THINK THEY MIGHT MAKE A DESISION ON THE EMP DOCTORS EVEDINCE AND I MIGHT NOT NEED TO GO TO THE TRIBUNIAL ,I AM HOPING THEY DO AS I WAS SO ILL WITH STRESS THE LAST TIME I WENT UP.WOULD BE GLAD OF ANYONES THOUGHTS ON THIS KIND REGARDS TOM

Hi Tomtom

After reading your text I am amazed that they have taken into account any ESA doctors opinion as when I sent my new application into DLA as my diagnosis had changed, I expressed that when I had an ESA medical he declared me severely disabled and yet when I had written this on my DLA application form they didnt take any notice what so ever???? so I think it is very bizzarre that they are contributing to your outcome of DLA..... I think it is all made up to be honest as they go along as there isnt a criteria, I predict it is all to do with wording on your application and that is it ..... the DLA just find excuses not to give you it thats my opinion, the system is awful, and makes me sick to think that there is people out there in the society that do not need this benefit as they have applied years ago when it may have been easier to claim but such is life..... I have been fighting for DLA since 2006 due to change of curcumstances in my condition, I am awaiting notice very soon myself, but I am not holding my breath as I have no faith in the system!!!!!

Good luck everyone x

SES x

[quote:6a07cb16ae=\"Darren Wilson\"]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.[/quote:6a07cb16ae]

[b:6a07cb16ae]Simple solution ... Convert to Islam - the DWP or DDS will give you everything you want as they dont want to get sued for being Islamophobic - its a Labour Policy [/b:6a07cb16ae]

Good luck :wink: [/b]

HI there everyone I found the following......

[quote:42ff8dec62]New DLA 'points' system: zero for heroes -

6 December 2005

Benefits and Work has obtained documents which show that a new points style system is being piloted for disability living allowance. The new computerised system will prevent people with a range of physical and mental health conditions from receiving awards of the care component, the mobility component or both. Astonishingly, the software even stops decision makers giving DLA care payments to war veterans, terror victims, emergency crews, victims of abuse and others whose experiences have traumatised them. Decision makers are also warned not to trust any information given by such people in their claim forms.

As well as post traumatic stress disorder, other mental health conditions for which no award of DLA care will be made include: panic attacks; obsessive compulsive disorder; social phobia; agoraphobia and generalised anxiety disorder.

Physical health conditions which are unlikely to get any award of DLA at all include: irritable bowel syndrome; hypertension and migraine.

Revelations

The new software, which the DWP says it has developed in partnership with American computer giant IBM, is currently being piloted in Bootle and Manchester and may be used for online claims from mid December. If the DWP are happy with the results the software is likely be rolled out nationally in 2006 and will then be used on all fresh claims and renewal claims.

The five hundred and fifty pages of documents obtained by Benefits and Work, covering over 60 different physical and mental health conditions, contain much that may be of value to claimants and their advisors. This includes information about who the decision maker should collect evidence from; the criteria used to decide whether the condition is mild, moderate or severe and how to decide on the length of the award.

The papers contain many other surprising revelations, such as a warning to decision makers that people with chronic fatigue syndrome who use a wheelchair can still walk 100-200 metres and are thus not eligible for higher rate mobility.

Unlawful

In spite of formal requests using the Freedom of Information Act, Benefits and Work has not been provided with screenshots of the new system in action, nor have they been given a detailed description of how it works. Indeed, the DWP are now acting entirely outside the law in their attempts to prevent further details of the new system being disclosed. The department has already granted itself two four week extensions to consider withholding information on 'public interest' grounds and has now simply passed the whole matter over to the Department for Constitutional Affairs, giving no date by which a response will be made and no indication of which public interest grounds are being considered.

However, Benefits and Work believes it has enough information to understand how, using the answers to a very brief series of multiple choice questions, the computer decides what award of DLA the claimant will receive, and how long for, and then produces what appears to be a very detailed and carefully reasoned decision letter.

[/quote:42ff8dec62]

This sounds about right???? this is why genuine people have trouble to recieve a benefit they are entitled to!!!!!

Good luck everyone x

SES

Hello everybody

I'm back from Spain - I even had trouble there!! The pick- up coach left us stranded at Malaga airport on our arrival.

I'm really saddened to read tomtom16 letter - This is all just getting worse and worse, I'm now at a loss to think of what to do next.

I haven't received any letter back from the Upper Appeal - it's been three weeks since I sent it. I accused the hearing judge of being a liar - which he was.

tomtom16 - I must tell you that the state provided doctors dont have to witness you walk - I was told in a letter from the Chief DWP that if they witness you walk it \"will only apply to that point in time\"

The state have everything in their favour, including the hearing judge - The Upper Tribunal - The hearing Doctor, and the mysterious person called the Disability Expert - The EMD. these people are the worst, because they know that if they put down on their report that in their opinion you would be able to walk 200 metres - that would mean the end of your claim - because the hearing judge will only take their evidence, and will ignore your evidence, no-matter how strong it may be.

We all need to stick together - I'm fighting as hard as I can - any information will be of great help to me, and us.

I still cannot find any law that applies to first tier tribunals - and I've asked the Upper Tribunal to produce any such laws, which they haven't done at the time of writing this letter.

I will re -produce the letter that I wrote to the Upper Tribunal when I have time - so watch this space.

Hello: To the person who wrote:

\"Simple solution...convert to Islam the DWP or DDS will give you everything that you want as they dont want to get sued for being Islamphobic - its a Labour policy\"

How do you know this?

HI THANK YOU FOR YOU REPLIES .WELL I RECEVED THE EMP DOCTORS REPORT BACK FROM THE TRIBUNIAL HE HAS STATED ON THE FORM THAT I WOULD BE IN SEVERE DISCOMFORT IF I WALKED 50 METRES .HE ALSO SAID I HAVE SIGNIFICINT CALF WASTING FROM NOT USING MY LEG AS I USE CRUCHES BUT HE SAID THAT I HAVE A LACK OF THIGH WASTING .WHAT DOES THAT MEAN MY CALF MUSCLE IS MORE IMPORTANT I WOULD HAVE THOUGHT AS THEY CAN THEN SEE I DO NOT WALK ON IT.THE LAST BIT OF INFO AT THE BACK OF THE FORM ASKS FOR OTHER INFO FROM THE DOCTOR TO HELP WITH THE DECISION MAKER AND HIS EXACT WORDS ARE .\"DESPITE THE LACK OF GREAT THIGH WASTING I HAVE AFFORDED TO THE BENEFIT OF THE DOUBT IN RELATION TO THE MOBILITY PART OF THE ASSESMENT\".WHAT DO YOU THINK THAT MEANS AND WHY DOES HE KEEP GOING ON ABOUT THE THIGH WASTING ,I THINK IT SOUNDS LIKE HE IS JUST PASSING THE BUCK TO THEM AND NOT REALLY GIVEN THEM A STRAIGHT ANSWER.HE ALSO STATED I COULD DO MORE IF I HAD THE APPROPRIATE AIDS.HE ALS SAID MY KNEE WOULD IMPROVE IN 12 MONTHS AT LEAST THATS 6 MONTHS MORE THAN THE DWP DOC GAVE ME LOL.EVEN THOUGH MY ORTHAPIDIC SURGEON HAS TOLD THEM IT WILL NEVER IMPROVE .THEY JUST DONT LISTEN OR CARE.ANYWAY WHAT DO YOU THINK TO THE DOCS REPORT KIND REGARDS TOMTOM16

Hi Tomtom.....

\"Atrophy\" is the term and I think where this medical report is indicating that as you have this you have weakness as this is lack of muscle tone in your effected area.... so in my theory it indicates that there is significant problem in this area but not enough to cause problems in mobility?? what a load of rubbish.... I would go and see a solicitor or something as it is a joke!!!!

Good luck everyone too x think we need it, I think these doctors are told to keep the numbers down, my grandad had both his legs amputated and they tried to stop him getting the mobility componant, my grandads doctor wrote a letter to the Ajudicator in disgust.........You have to basically fight for this benefit!!!!!

Take care everyone x

SES

hi there thank you for your reply.so by the doctor saying\"despite the lack of thigh wasting i would afford the benefit of the doubt as part of the mobility assesment\" you think that is against me not for me. even though he says i have significant calf wasting and cannot walk more than 50 metres without severe discomfort at the beginning of the report .it all dosent make sense .i just cant deal with the stress any more aswell as living 24/7 with this pain .my appeal date is april 14th i just want it over .kind regards tomtom16