DLA Tribunal Outcome.....
lorica
Member Posts: 187
I hate to say this guys but i failed... They upheld the original decision from May 2010.... :x :x :x
My representative was furious, he said it was a totally wrong decision, and he is going to appeal the tribunal, or failing that get the case heard again.
I have been told I should have it now, Im disabled enough to get it now, BUT
Because it has been 9 months since the decision was made they are unable to say that I would have been due it then, as they cannot assertain if the condition has got worse.
They agree that from the evidence I was bad in June 2010, but the decision was made in May. The appeal panel has the right to show some flexability over the time scale ie taking into account my condition in June, but in my case they have chosen not to be felxible.
So im now going to start a second claim and see if that will help.....
I will keep you all informed
AAAAAAGGGGGGGHHHHHHHH
Mark
My representative was furious, he said it was a totally wrong decision, and he is going to appeal the tribunal, or failing that get the case heard again.
I have been told I should have it now, Im disabled enough to get it now, BUT
Because it has been 9 months since the decision was made they are unable to say that I would have been due it then, as they cannot assertain if the condition has got worse.
They agree that from the evidence I was bad in June 2010, but the decision was made in May. The appeal panel has the right to show some flexability over the time scale ie taking into account my condition in June, but in my case they have chosen not to be felxible.
So im now going to start a second claim and see if that will help.....
I will keep you all informed
AAAAAAGGGGGGGHHHHHHHH
Mark
0
Comments
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Oh Mark,
I am so sorry, it makes my blood boil when deserving people are made out to look like fraudsters! You need that money, you deserve that money to help cope with a chronic illness that's not going to go away :x
Appeal again, don't give up, don't let them get away with this, you and your representative are quite rightly furious and let down, so appeal and try to get some rest, you'll be exhausted, last thing you want is a flare now, take it easy, thinking of you hugs x'grá agus solas'
'Love and Light' translated from Irish. X0 -
Oh Mark...I am bl.... furious to say the least, the stress that they are putting people through, this is known to make arthur flare.
You carry on appealing till they are sick of seeing you.
Good luck with it, and dont give up.
Barbara xLove
Barbara0 -
How frustrating!!! SOunds like your representative isn't beaten yet though.
However, don't let that take away from fact that you have been awarded it now and that very useful money should be yours asap.
SpeedyI have had OA since mid twenties. It affects my hips and knees. I had a THR on the left aged 30 and now have a resurface-replacement on the right - done May 2010.0 -
Mark
Sorry to hear your news..
Glad you have someone to support you and fight your corner..
Hopefully you will get what you are entitled too..
Don't give up..
Will keep fingers crossed..xxxxTracyxx0 -
hi
i am sorry to hear they refused. its so sad that people who deserves to get the allowance but dont get it. i too have been refused twice because they apparently wrote to my gp who said i can walk for 10 minutes which is ridiculous i have severe hip arthritus every step you take you are screaming how can a gp who just sees you for a couple of minutes to prescribes drugs to manage pain know what happens to you at home or outside life.well i am not giving up it makes my blood boil when i see people who are on full allowance and they lead normal life.any way keep trying there will be light end of tunnel and i hope you well.0 -
Oh dear so they cannot judge when your condition was bad enough for you to qualify and aren't prepared to give you the benefit of doubt. I hope you can find some further proof when you appeal though I expect everything necessary has already been submitted.
A really difficult one this but at least everybody can see you are deserving now. It is worth appealing. What a shame they could not be flexible, especially as it is only really one month of indecision. I hope they are having 2nd thoughts over their cup of coffee and feeling bad about how they have treated a genuinely ill person.
Best wishes
ElizabethNever be bullied into silence.
Never allow yourself to be made a victim.
Accept no ones definition of your life
Define yourself........
Harvey Fierstein0 -
Hi Mark,
I am sorry they have done this to you and be honest it does make you wonder what does it take! hang in there and I so hope you can beat them and make them do whats right for you there. Cris x0 -
Oh Mark :sad:
at least we know you WILL get it now.
I wonder if the appeals have been having to 'overturn' too many rubbish decisons of late eh??!!
Makes you think doesn't it.
BUT well doen from me l am proud of you for standing up for yourself.
Love
Toni xx0 -
I must admit I thought I would have been really depressed for being turned down, but actually I'm in a relativly good mood.... dispite Arthur.
I think the reason Im in a good mood is that someone has finally agreed Im eligable for the award, instead of saying your not disabled enough. I had started to think maybe they were right I wasnt really disabled and I wasnt that bad. But for my representative to come out of the meeting so angry that says a lot. I know the rep isnt a medical professional but they see enough to know who is diserving.
I have now managed to get my hands on additional evidence that has not been seen. I spoke to the GP Practice Manager this morning I explained the situation, and she came back with a letter and two Hospital reports. The evidence covers April and May, so the correct time period they 'struggled with'. One of the reports explains they have done another asperation, and if this doesnt work then I will be refered to surgery.
Doctors wont refer someone for surgery if they dont feel they need it. So to me this shows that YES in May I was bad..... so this should help to over turn the tribunal's decision .... There is still light at the end of the tunnel!!!
Mark0 -
I still have some fight in me..... :shock: :evil0
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Oh Mark
you have PLENTY of fight in you
well done for locating evidence l still think l'm right and they have been overturning too many decisions...you WILL win :green
Love
Toni xx0 -
Well done Mark,
We are all behind you, please let us know how you get on.
Good Luck
Barbara xLove
Barbara0 -
Well done Mark, don't let them get you down and I am sure there is plenty of fight left in you. I know I just about gave up for a year, then thought, no, this is not right, I am far worse than their original decision.
We are all fighting battles with the DLA, a pity that the war cannot be won, but, the disabled and sick are being targeted and it is shameful. Sending hugs to you, keep us posted XX BubblesXX Aidan (still known as Bubbles).0 -
They look for ways to deny people the award but it seems in your case it is just the dates that overlap. I hope the new info proves useful as it shows you required treatment at the time.It was a last attempt on non surgical intervention.
I think you should stick to the original claim as it is a year of back-dated pay which you shouldn't lose out on. A new claim will lose all those months where they agree you qualified.
Your case is very interesting Mark!
ElizabethNever be bullied into silence.
Never allow yourself to be made a victim.
Accept no ones definition of your life
Define yourself........
Harvey Fierstein0
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