ESA & DLA Appeals

GollyStephens

There is an aspect of the DWP and SS that they only want Judges and Appeals Tribunals to accept from them that if there is no physical proof of pain then the pain dose not exist. I know that is not true and so do you.

Arthritis as we know is often difficult to diagnose and is hard for it to show up sometimes and this is when the SS or DWP think they have got you.

Don’t worry there is a very simple explanation and it is well tested and is now Case Law. In short if there is no physical proof that you are in pain there is always the psychological proof, which is, if you have state this may be the case, then a tribunal must consider it as the explanation as a point of law.

It is still not to late for you to add this aspect to your appeal if you speak with your doctor and tell them you believe that the depression anxiety and stress you have been going though is, as it will be in the real truth, making your condition worse. If you have told your doctor this and I am sure he or she will fully understand, you can then add it to your claim for consideration. Remember, there are psychological reasons for you experiencing pain as well as the hidden physical. As you know if you are stressed or upset you conditions worsen.

This may seem a small thing but it could get you the benefit you are legally entitled to.

The two cases below are based on causation.

Mobility component – inability or virtual inability to walk – meaning of physical disablement – extent to which physical symptoms resulting from a mental condition can be taken into account In both cases the claimants claimed entitlement to mobility component of disability living allowance on the basis of virtual inability to walk. In CDLA/2879/2004 the claimant contended that severe low back pain substantially limited his ability to walk. In CDLA/2899/2004 the claimant contended that severe vertigo and dizziness did so. In each case won on being heard for the second time at the instruction of the Tribunal of Commissioners.

What this means is now that they can be used in case law in any similar claims.

Simple really sometimes we can’t see the real truth because we are not talking about it, in a case of arthritis remember there is always a psychological reason your pain is getting worse. More on this at judiciary .gov .uk

Regards Golly

princess935

this is interesting, i have oa of both knees and have suffered depression for 6 years. I put this in my claim form, was rejected for dla, and asked for reconsdieration, i have tonite typed up a letter to them, explaning how bad my pain is and how it effects my mobility.

I think i need to have a read into this a bit more, and include this in my letter.

thanks

skezier

Hi Golly,

Welcome to the forums. That's really interesting and about time they got that one sorted and stopped this stupid medical by non medical staff.... or under instruction to fail staff...

I hope your post will help people and thanks for doing it cus its something people may not know about. nice to meet you. Cris x

valval

this good advice thanks for posting it not claiming anything so far as still able to work 4 hours a day (some days harder than others) but know in the future it will come to it only a matter of time val