Author Topic: My Appeal  (Read 9913 times)

auntieCtheM

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Re: My Appeal
« Reply #30 on: 10 Jul 2013 10:02PM »
Oh dear!  >hugs<

Fiz

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Re: My Appeal
« Reply #31 on: 10 Jul 2013 11:36PM »
(((Tony))) sorry to hear that  :-(

SteveX

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Re: My Appeal
« Reply #32 on: 12 Jul 2013 08:41PM »
Sorry to hear that.  :(

>hugs<
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seegee

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Re: My Appeal
« Reply #33 on: 13 Jul 2013 09:52AM »
 >bighugs<

Sunshine Meadows

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Re: My Appeal
« Reply #34 on: 13 Jul 2013 09:09PM »
Quote
So the board (careful choice of words there) decided to come down on the side of the DWP, so my DLA is out of the window.  If I can't find a way to afford to tax my car, I'm stuck in the house permanently.  I won't say how bad I feel as it might trigger others, but needless to say I'm not a happy bunny.    >crying-<

 >hugs< Sorry that things turned out badly, it does add insult to injury that not only wont you be getting DLA but you wont be exempt from car tax either.

I was trying to remember why you lost your DLA in the first place, was it because of something that happened in your ESA Assessment? If you dont already get DLA Care rate and meet the criteria it would be worth trying for that. One of the things I mentioned on my DLA clai form was how hard it is for me to accept and recognise how disabled I am and how it was difficult to put a date to changes so the dates I gave were estimates.


ATurtle

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Re: My Appeal
« Reply #35 on: 11 Dec 2013 05:39PM »
Right, first history.

The DLA assessment was (I believe) triggered by the decision to stick me as Fit For Work instead of WRAG as the decision for my ESA was based on an Atos assessment being so flawed and only gave me 6 points.

Second, Yesterday!

The third Tribunal hearing, after two for the DLA appeal, happened yesterday the 10th of December 2013.  The history behind this was:
ESA 50 completed in May 2012
WCA in July 2012
Decision in August 2012
Appeal in September 2012
Tribunal in December 2013!!!!!

The tribunal is not being held in my town, not in the next town (10 miles away), not in the one that I had my DLA appeals, No, it's 50 miles away so a train and taxi trip is on the cards and I've had to borrow £50 to cover the costs!

The doctor and judge on the panel asked me some questions and before I got a chance to put my side of the argument they asked me to go back to the waiting room.  Five minutes later they called me back and gave me a piece of paper saying my appeal was upheld and I now had 15 points!

So I am now  >bliss< and >flying< (but that's thanks to a full dose of Tramadol yesterday!)    Now all I have to do is reapply for my DLA!

>love< >love< >love< >love< >love< >love< >love< >love<
>love<  Thanks for the support!  >love<
>love< >love< >love< >love< >love< >love< >love< >love<
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

Fiz

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Re: My Appeal
« Reply #36 on: 11 Dec 2013 05:44PM »
Pleased you got your 15 points turtle! What a relief  >thumbsup< >chocolate<

starsmurf

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Re: My Appeal
« Reply #37 on: 11 Dec 2013 06:19PM »
Congratulations Turtle.

I hope your benefits get sorted out quickly and you can also get your blue badge back.
Look carefully at the avatar, note what's barely visible in the gap in the rings.  I've highlighted it for you.

ATurtle

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Re: My Appeal
« Reply #38 on: 11 Dec 2013 06:23PM »
Just thought about that, how DO I go about reapplying for DLA or do I have to go for PIP if so, it's going to be difficult as I can't wheel an invisible wheelchair but I can (just) walk 20m before pain kicks in!
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

auntieCtheM

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Re: My Appeal
« Reply #39 on: 11 Dec 2013 06:50PM »
*pat on the back*   >hugs<

Fiz

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Re: My Appeal
« Reply #40 on: 11 Dec 2013 07:21PM »
Turtle, did you appeal the DLA decision? If so, what was the outcome? If you didn't appeal it or an appeal was not successful then yes PIP is what you apply for now. I have read positive results from PIP assessments on forums generally so try not to panic.

Monic1511

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Re: My Appeal
« Reply #41 on: 11 Dec 2013 07:22PM »
Hi
ATurtle

yes you need to apply for PIP & thats phone the claim line - they take loads of info & send you a preprinted form asking you about your disability.   as for the invisible wheelchair you explain how you move and its not just can you move 20 meters - its can you do it repeatedly and safely.

here's the how to claim pip link
https://www.gov.uk/pip/how-to-claim
good luck
Monic

Sunshine Meadows

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Re: My Appeal
« Reply #42 on: 11 Dec 2013 07:28PM »
(Two posts were added as I was typing)

Congratulations  >star< >star< >star<
and
Well done for not giving up  >thumbsup<

I am not sure what the rules are when it comes to claiming DLA or PIP. Am I right in thinking you took your original claim to Appeal then a Tribunal? It it was over a year ago then I would have thought you will have to claim PIP.

Quote
I can (just) walk 20m before pain kicks in!

The the walking distance has to be repeatable and reliable so if for example it is only possible when maxed out on Tramadol the side effects and consequences of doing that has to be taken into account eg I have to be really careful about Tramadol because they make me weak, dizzy and more likely to fall over.

 >bighugs<

Monic1511

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Re: My Appeal
« Reply #43 on: 11 Dec 2013 07:35PM »
Hi Sunshine

I think the DLA appeal went to tribunal and we can only ask for a set aside of that decision within 28 days of receiving the statement of reasons. the statement of reasons has to be asked for within one month of the tribunal so I think we are out of time for that.   If an appeal has not been done Turtle could technically ask for a late appeal as long as its less than a year since the original DLA refusal.
Otherwise its a new claim to PIP  >erm<

Monic

Sunshine Meadows

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Re: My Appeal
« Reply #44 on: 11 Dec 2013 07:44PM »
Monic,

Thank you  >thumbsup<