Question about Disability Benefit

Dear Alan,

I went through a kind of law firm on my Oral appeal, and I was told you can appeal after appeal as many time as you want, as there isnt apparently a criteria either, its all to do with wording of how you write things down on your form. I lost though I think as I was told I had fibromylagia at the time and the law firm had a previous case where somone had fibromyalgia and loads of stuff leaked out in the media and the law firm closed, thats the story in brief lol... On my application form I filled in last year the DM admitted that I had difficulties and so I appealed against her decision, they never got back to me as they said it was going to a supersession, and when I phoned up the Commisioners office they said I hadnt been successful and was going to recieve a document, this was in January, I am still waiting for this decision..... So I thought right I am gonna put another form in as I have a chronic liver disorder now and if the medication doesn't work I will have to have a liver transplant, along with osteo in spine, hip, & shoulders the osteo in shoulders effects the nerves in my arm so this causes my hands to go numb and weak, I am in pain constant in hip and spine and I cant bend over very well as have severe pain in spine and it locks from time to time..... so I thought I am entitled to this money so filled another application in February so I am now awaiting a decision for my new diagnosis / claim. My arguement to all this is I have had a mis-diagnosis for 4 years ...... we as individuals wouldnt apply for this benefit if we didnt have these problems..... makes me so mad!!!!

Anyway I hope you get your answers soon Alan xxx

Take care

SES x

hi i just thought i'd let you know ive now had appeal for incapacity gone from 3 pts to 34pts so we won big style, was definatly worth the fight, but still havn't heard from dla yet, so no doubt will have to start all over again, will keep you updated with my progress, are you any further foward yet.

Hi Julie em,

I had medical for my stamp for ESA and the doctor put me down as severly disabled, but I am still fighting for DLA?????

Good luck everyone x

SES

Hello SES and Julie m

Well done Julie, keep fighting for your rights.

SES.as you know you was one of the very first people to come onto this page when I posed the question of \"was there anybody out there who has been given DLA for cervical spondylosis\" The answer to the question is still no.

I know a person of 18 years old who has been given this benefit, and he spend all of the money on drink and drugs - which obviously makes him the way that he his - He smokes \"skunk\" and then tells his GP that he hears voices in his head!! well he would wouldn't he?

Why do these so- called experts fall for people like this? This person doesn't have to sit in front of any tribunal panel, because he's classed as a mental problem. And he's just fathered a child, which the state will now have to bring up - this will probably be the first of many!!!

People like us who are suffering with severe pain are being put through a system that is quite frankly corrupted by the very people who have set it up - The State. They put in control a hearing judge - who has just the most incredible powers, and then there's the so -called Disability expert? Who is not really an expert at anything, because this person is classed as layperson. And then we have the Doctor - this person seems to be able to overide appellants GP and consultants who must be far superior in expertise than them on the appellants condition.But it doesn't seem to matter to the State - they accept everything these people say, and then the hearing judge endorses the doctor, and of course the Disability expert has to agree with them , because they're just lay people with no powers whatsoever.

When you try to appeal - a smoke screen is thrown up, another mysterious person comes along called the judge who tells you that you cant appeal because it has to be on a \"point of law\" and your appeal is only based on facts - Please tell me , what is the difference? between facts and law? because I dont know.

This is all obviously rubbish - because I have been allowed to appeal to the Upper Tribunal - I haven't heard from these people yet but this is their last chance to get it right - because if they reject my claim, I will take out a civil action against the hearing judge. I believe that this persons lies have denied me my right to be granted DLA mobility.

This is going to be so interesting.

SES - I'm disturbed by your case - you've helped me a lot with my case. if I get anywhere with it - believe me, I'll give all my attention to helping you - we cant have this situation carrying on in this country any longer.

All the best, Alan

Hi Alan

This post was started before I joined and have only just seen your first post on this subject. I have CS with myelopathy which also affects my legs, so I can not walk very far. I applied for DLA in Jan this year and got turned down. I phoned and asked them to reconsider given them more info. They wrote to my GP [don't know what he said in his reply] and on 15th April I recieved a letter from DWP awarding me higher rate mobility. So yes people with CS can get DLA.

Regards

Tony

Hi there,

Thanks Alan for your support and well done Tony for your award..... gives us some of us a little hope making us think there maybe justice out there !!!!

Regards

SES

Thanks Tony - Thats very interesting, It's nice to know that there is some hope out there for CS sufferers.

You wont believe this but I think that I've got \"Swine flu\" now!!! I've been so I'll over the last week - Monday I thought that it was the end of me!!! but I'm begining to feel a bit better now, thank goodness - They said that this was a mild flu - but it wasn't with me.

Still no news from the Upper Tribunal.

Coming back to you Tony - my GP wrote on my medical records that I was unsteady on my feet but the first tier tribunal totally ignored him.

My CS causes me dizzyness as well as all the pain- so I really shoud be granted the benefit for that.

Thanks SES

Hi Alan

When I got my award for DLA it just said I could not or virtually not walk so my GP had told them this in simply language they understood. Keep going at it common sense will finally prevail.

Regads Tony

hi everybody and great news tony well done its only what you deserve, well i got the dredded brown envelope through the door yesterday and guess what no award i phoned them straight up to tell them we would be appealing, the letter was dated the day of our incapacity appeal when the dr there said my hubby couldnt walk more than 50mts, aswell as a lot of other things dla said they dont dispute that but in there opinion his needs will reduce by july which is the 6 mth needed to be eligble for the award, ha thats a laugh, he was diagnosed with cs with radiculopathy about 2 yr ago and lumber spondylosis 6mth later he had mri scan on lumber spine which showed one massive prolapsed disc and another just above ,within 3 wks he was admitted for surgery thats the nhs so im presuming it must have been bad, he has been told the nerve damage and weakness will probably be permanent, the pain down his leg is still there so now they think he may have prolapsed discs in his neck caused by cs but they cant do anything on his neck untill he gets the all clear from lumber mri they just keep dishing out stronger medication all the time well thats my rant over will let you know how it goes once again well done tony lets hope it happens to us all.

Hello Tony and Julie m

Thanks for your postings:

Tony, I really like your GP's remarks of \" simple language\" It's becoming clear that GP's are not liking the system that is currently being empolyed by the state, and some lawyers believe that what they're doing is illegal.

Julie m, Once again your case is disturbing - I 've heard this many times before that \"the customer will be alright in 6 months time\" It's one of the DWP tactics . They keep telling us that these medicals are independent, if that was so, why do these State provided doctors keep writing the same things to stop people from claiming?

They said this in a report about my partner many years ago - she was getting incapacity benefit, and sure enough after the 6 months they stopped it. But we fought like hell, and got a lawyer from the Law Centre who took up the case, and we went to the tribunal with the lawyer and she won her case.

The DWP meaning of \" virtually unable to walk is:

...means 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 yards unaided. When making a decision about this aspect of the claim the Decision Makers 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.\"

It's seems to me Julie that your partner would fulfil all of this criteria.

All the best Alan

Hello everybody:

I've had a letter from the Tribunal service telling me not ot contact them anymore as my case documents have now gone to the Upper Tribunal - This is all very odd!! I was told by the Upper Tribunal Service 3 weeks ago that they have asked for my documents to be sent to them, and they expect them in a few days.

The First Tier Tribunal Service letter said that they received the request on the 29th of April from the Upper Tribunal - Whats going on here again?

It's now been 7 weeks since I requested an appeal from the Upper Tribunal Service - they now obviously believe that the first tier tribunal have done something wrong, otherwise they wouldn't in a million years allow me to go through.

Everything possible has been put in place by the State to try and stop you doing this but I've got through the system - so this is going to be interesting to see what the Upper Tribunal has to say about a hearing Judge, not following rules , and telling lies.

I'll keep you in touch as to what happens.

Good Luck Alan,

Probably there is someone somewhere in the tribunal service that has bothered to look into your case as they should and like you say they have found something amiss, fingers crossed for you mate.... I am still awaiting a new decision, and when I went to the doctor last week I asked him if he had recieved a letter from the DLA and he wasnt aware of it.... mmmmm he was suppose to have recieved it in March??

Keep your chin up everyone, who knows what the new government may do for us as Cameron is suppose to be looking after the sick and vunrable???? mmmmm we willl see to that too !!!

Take care all and keep fighting xx

Regards

SES

Regarding a new government. Don't expect too much.

Cameron's message was that he wants to cut the benefit of people who refuse to work. Sadly the sick and genuinly disabled are, all too often, placed in this catagory. The dwp are prepared to spend a fortune getting sick people back onto jsa. Adding together the costs of Atos, tribunals and appeals etc, are they actually saving anything at all?

Janner

Cameron and Clegg...Strange bedfellows indeed. \"The Two Connies\". Think I'll move to Greece and go out in a blaze of over-spending while the going is good !

Gerry

Hi there everyone,

I didnt get my DLA awarded higher... as I predicted...makes me wonder how can you get this damn award.... I have a chronic liver disease, I am in constant pain in my hip, spine and shoulders and yet there is people suffering with a simple bad back that get this.... makes me so annoyed.... I am appealing once again!!!!

Good luck everyone x

SES x