DLA Tribunal - The Ordeal is Over

annebr

I am just back from my tribunal and have been given my decision - I LOST. Not entitled to a thing.

The whole process from start to finish has been demeaning & horrible. I knew the minute I went into the room that I had lost. They explained the only way to get low rate mobility was if the max I could walk was 50yards or I had mental health problems, the care component seems centred around being able to make a meal.

The system seems geared up for drunks & junkies who all appeared to be winning their cases. Someone like myself who works has never claimed benefit but every day is a struggle gets no help what so ever. Even when I was off work for a year after 2 ops I lived off savings!

They did agree it was unfair & when I pointed out the discrepencies & the changes to the ATOS report they had concerns over that but it wasn't there job to do anything about it.

The clerk gave me the forms to appeal the tribunal and the number of Welfare Rights, she said they know the lingo & case law and can help you win. I don't know if I hvae got th energy to put myslef through anymore. I am obviously a fake who's trying to scrounge off the government. I am left drained by the whole experience.

Anne

dreamdaisy

You are not a fake. You are not a scrounger. You are, however, unlucky to be applying at a time when they are clamping down so hard. Take some time out to berate the world, sulk and moan, then re-group and consider appealing. I am so sorry, it is grossly unfair and unreasonable. DD

mellman01

Well you might as well carry on as they want you to not bother, they are making it hard to wear you down I'm sure, remember knowledge is power so try and get as much info/assistance as you can, I know what you mean about it being geared up for all the dross, the family opposite me are a good case, 2 cars a caravan both don't work yet I have to, and they wonder why we are bankrupt as a nation.

elainebadknee

Hi Anne

I wanted to say im sorry you lost, I havent posted to you before or know your full story but it sounds like it has been an awful, soul destroying experience. I sometimes wonder why people are honest, it doesnt pay does it?
I dont know why the Atos report having been altered at a later date wasnt taken seriously, why nobody saw this as wrong, as usual everyone else passes the buck and its that man again - MR NOBODY's fault.
Take time out and if you feel you can appeal again do so...I know just now the stuffings knocked out of you......
Ive got to go to an appeal some time later this year so no doubt I will fail as well, wont have give them a mouthhful n piece of my mind tho...........
Best wishes
Elainex

annebr wrote:

I am just back from my tribunal and have been given my decision - I LOST. Not entitled to a thing.

The whole process from start to finish has been demeaning & horrible. I knew the minute I went into the room that I had lost. They explained the only way to get low rate mobility was if the max I could walk was 50yards or I had mental health problems, the care component seems centred around being able to make a meal.

The system seems geared up for drunks & junkies who all appeared to be winning their cases. Someone like myself who works has never claimed benefit but every day is a struggle gets no help what so ever. Even when I was off work for a year after 2 ops I lived off savings!

They did agree it was unfair & when I pointed out the discrepencies & the changes to the ATOS report they had concerns over that but it wasn't there job to do anything about it.

The clerk gave me the forms to appeal the tribunal and the number of Welfare Rights, she said they know the lingo & case law and can help you win. I don't know if I hvae got th energy to put myslef through anymore. I am obviously a fake who's trying to scrounge off the government. I am left drained by the whole experience.

Anne

janie68

Oh gosh Anne, I'm so sorry about the decision.

DD has given you some good advice, have a good old sulk, wallow in self pity, get angry, etc then get yourself together and then make a decision. You can't make it now.

Perhaps get in contact with mike 77, he's been through it as well. He could give you some excellent advice.

Thinking of you Anne

Janie

kathbee

So sorry to hear you lost at the tribunal Anne.

I dont know anything about ATOS except from
what I have seen on the forum and it all seems bad
indeed.

I am surprised that the panel didnt have much to say
when you told them what ATOS had done though as one of
the members of the panel is supposed to be a
solicitor or someone dealing with law, so far
as I know, you would
think that they wouldnt just shrug that off would you.

Dont suppose you have the energy to go to appeal
at the moment but if you can you should go for it.
Otherwise they have won yet again.

Its all very sould destroying in my opinion having
to fight for this when people know that they need
that help.

Kath x

frogmorton

Anne

I read this a bit back and am still finding it hard to reply.

I am so so sorry - this should not be.

I have to endorse DD and the others - for now try to forget it for a bit - have glass or two if you do and take a while.

When you feel ready - we have to think of a new plan.

rest assured we will be here to support you in any way we can.

Love and HUGE hugs

Toni xx

ailsarobby

APPEAL ....APPEAL....APPEAL......I'm gonna have a rant now cause this bloody ststem stinks.....I know a few people who get high rate and believe me they dont need it!!!!!!!!!!!!A friend of mind as 10yr old lad with adhd..walks to school his self even takes his own meds and she bloody gets highest rate and bloody car...uuummmmpppphhhh...my grandaughter is 6yrs old and cause of disability did not walk till last year and now can only walk so far my daughter only gets lowest rate cause Mia can dress herself and go to the toilet,,,it gets me so mad....Then I read your post and you have been refused....so please APPEAL....WHO EVA DECIDES WHO GETS DLA AND WHO DOESN'T NEEDS A WAKE UP CALL ...THAT R/A IS A SERIOUS DISSABILITATING DISEASE....My doctor as told me I am unfit to work..( in the job ive train 5 yrs for) not my choice so what do I do live on bloody sick pay for next so so years I still have the same bills to pay...they did not get reduced when I became sick as I'm sure all the other tax payers bills are not reduced ...I'm rambling abit now ...sorry....its hard to put into words ...well you have my support and the support of the great people on here ..hope you find the strengh to appeal and get what you honestly deserve..Ailsa :x xx

marion1952

Oh Anne - that's so disappointing - not to say totally unfair!

When you've got some of your energy back - you must appeal - I think they even expect that ..

Marion x

annie_mial

It must have left you feeling deflated, Anne, but when you have the strength you really should appeal. This system seems so unfair and discriminatory.............hope you manage it!

Annie

annebr

I have regrouped and thought about my options.

On reading the letter that came with the refusal the Tribunal has no real powers they can't force the agency to make any payments, all seems like a bit of a sham.

Anyway, they made it clear that my case doesn't fit the criteria required to be awarded DLA. Although outside the room the clerk gave me the number of a Welfare Rights Officer and said they knew the system and how to 'fit the criteria'.

What I do want to know is:

1. What is the point of DLA - If you can only get it in extreme cases or if you are a junkie. I thought it was a non means tested benefit aimed to help people with disabilities get through normal life, I was wrong.

2. What makes all these so called panels and ATOS 'doctors' qualified to judge your life n very small time scales.

3. My ATOS medical form was very obviously changed, now this was weeks after the medical but the day before the decision letter. This could not have been done by the ATOS doctor but by the decision maker. When queried it was classed as an audit?? So if this is allowed who governs these people? Does this mean that medicals can be changed by the DM to fit whatever decision they want to give? Who is responsible for this as everyone has told me that it is questionable but not their responsibility.

I think my next step will be to write to everyone & anyone and try to get some answers. I hold out no hope for the decsion to be overturned but, I do want someone to answer my questions & take note.

Anne

woodbon

Hi, I am sorry you lost the appeal and I've been thinking about you today.

Firstly, put in for an appeal, I don't know if this is time limited, but a lot of these things are and you need to put in a basic appeal before the time runs out. Then relax for a few days, if you can. Its all been so stressful for you and you need a bit of a rest.

Go to see people who can help you and find out what is involved and think about it. I know its hard, as I'm waiting for an ESA appeal and I get days when I decide to pack it in and forget it all, but other days when I feel I will fight.

I am sure that you can withdraw your appeal if you change your mind, so you don't lose anything by setting the wheelis in motion, but it may be harder if you let it go and then when you are over th e stress and upset, you decide you should fight on.

I'd say, fight, but I know how hard that is to do and to be honest, I may still let my appeal go through without me, if I feel to bad to go through with it, but thats me. I wish we could all get together and fight in one big group, supporting each other, but we can't.

Have a rest now and try not to think too much for a bit.

Lots of love Sue

ironic

I do not know what to say to you Anne. Only that I'm sorry you have had to go through this.

I know you will pick yourself up and carry on the fight.

Lv, Ix

trisher

Anne

I don't believe this. I remember when you had more or less had your op. Then later down the line you got your job, you had told me how happy you were as you had been living off your savings.

I'm so sorry Anne, I hope you fight this.

love Trish xxx

speedalong

Anne it is the system that stinks. You are not a scrounger. It the current financial climate and the real scroungers that are making it so hard for you to get a benefit aimed at deserving people like yourself.

Definitely take time out and then appeal ... it is the only way.

Speedy

tillytop

Hi Anne, just wanted to join with the others in saying how sorry I am about the result and that you have had to go through all this stress. I don't know anything about how the process works so can't add anything practical but Jenzie's comment in her post about contating her MP made me wonder if your MP could do anything to support your case. I know our MP has local "surgeries" regularly when you can just turn up to see him without an appointment .... Just a thought.
Thinking of you.

Love Tilly x

haagan

Hi Anne
So sorry about your result. It makes me so mad that they are putting you through all this. you are right about people with lifestyle problems get everthing plus extra money to pay for drink etc. You are ill and never asked for anything and you are denied they have got to change thr system in favour of those who have problems through no fault of their own not self inflicted!!
Take time to recover and then make an appointment to see your MP and take your ATOS papers and show them that someome altered them, that has got to be against the rules.
You are not alone we are with you Fay

sharmaine

Dear Anne

I am so sorry that you didn't get DLA it does seem very unfair

I hope that you appeal.

Take care.

Sharmaine

annebr wrote:

I am just back from my tribunal and have been given my decision - I LOST. Not entitled to a thing.

The whole process from start to finish has been demeaning & horrible. I knew the minute I went into the room that I had lost. They explained the only way to get low rate mobility was if the max I could walk was 50yards or I had mental health problems, the care component seems centred around being able to make a meal.

The system seems geared up for drunks & junkies who all appeared to be winning their cases. Someone like myself who works has never claimed benefit but every day is a struggle gets no help what so ever. Even when I was off work for a year after 2 ops I lived off savings!

They did agree it was unfair & when I pointed out the discrepencies & the changes to the ATOS report they had concerns over that but it wasn't there job to do anything about it.

The clerk gave me the forms to appeal the tribunal and the number of Welfare Rights, she said they know the lingo & case law and can help you win. I don't know if I hvae got th energy to put myslef through anymore. I am obviously a fake who's trying to scrounge off the government. I am left drained by the whole experience.

Anne

silverbreak

sharmaine wrote:

so sorry that you didn't get DLA it does seem very unfair

It is unfair - however DLA has for some time been unfair - it's not the claimants condition so much as how it's described that counts.
I have recently perused a 128 page internal DLA for decision makers guide which with the use of examples spells out who will qualify and why. In a time of public sector cutbacks no DM is going to agree to anything that is outside the 'perfect answer'
if any one wants a copy PM me as the original link has been removed.

skezier

Hi Anne,

Its like a lottery... a few get it as they have a small % that have to but outside of that they fail,everyone come what may. I wonder if they even bother to read/ listen to what is written or said.

Gad you said you have regrouped and hopefully the appeal system will be fairer. hang in there flower. Cris xx

tkachev

Well you have got this far Anne I feel you should carry on especially as you have welfare rights offficers number.

I too thought it was to help disabled peoples life a litttle bit easier as earning capacity is heavily restricted and there are extra costs to bear.

Elizabeth

tkachev

ailsarobby wrote:

APPEAL ....APPEAL....APPEAL......I'm gonna have a rant now cause this bloody ststem stinks.....I know a few people who get high rate and believe me they dont need it!!!!!!!!!!!!A friend of mind as 10yr old lad with adhd..walks to school his self even takes his own meds and she bloody gets highest rate and bloody car...uuummmmpppphhhh...my grandaughter is 6yrs old and cause of disability did not walk till last year and now can only walk so far my daughter only gets lowest rate cause Mia can dress herself and go to the toilet,,,it gets me so mad....Then I read your post and you have been refused....so please APPEAL....WHO EVA DECIDES WHO GETS DLA AND WHO DOESN'T NEEDS A WAKE UP CALL ...THAT R/A IS A SERIOUS DISSABILITATING DISEASE....My doctor as told me I am unfit to work..( in the job ive train 5 yrs for) not my choice so what do I do live on bloody sick pay for next so so years I still have the same bills to pay...they did not get reduced when I became sick as I'm sure all the other tax payers bills are not reduced ...I'm rambling abit now ...sorry....its hard to put into words ...well you have my support and the support of the great people on here ..hope you find the strengh to appeal and get what you honestly deserve..Ailsa :x xx

I expect she gets extra higher rate because he needs a lot of supervising during the night and day. I have 2 boys on autistic spectrum and believe me they need a lot of help although we dont qualify for a car because their ability to walk is only restricted to needing some one with them-hence lower rate.

Elizabeth

valval

ann sorry about this but do get help and apeal when you feel up to it always go by your worst day from what i have read a lot of people who apeal then get it so give it a try might work and you need the money ect you are not a scrounger what ever they say hugs and positive thoughts for you val

carola

Hi Anne

So sorry to hear of this.

Take a few days to get your head together and then harness the anger and frustration and fight it.

Get appealing. You need to feel again that YOU are in control and NOT these pen pushers.

Get battling again.
We are all hear to send you positive thoughts and support.
Carol