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DLA Tribunal Outcome.....

loricalorica Posts: 187
edited 4. Apr 2011, 06:11 in Living with Arthritis archive
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

Comments

  • Poppyg1rlPoppyg1rl Posts: 1,245
    edited 30. Nov -1, 00:00
    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. X
  • barbara12barbara12 Posts: 20,904 ✭✭
    edited 30. Nov -1, 00:00
    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 x
    Love
    Barbara
  • speedalongspeedalong Posts: 3,347
    edited 30. Nov -1, 00:00
    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.

    Speedy
    I 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.
  • traluvietraluvie Posts: 2,579
    edited 30. Nov -1, 00:00
    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..xx
    th_tn_TisFORTIGGER.jpgxxTracyxx
  • mariammariam Posts: 15
    edited 30. Nov -1, 00:00
    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.
  • tkachevtkachev Posts: 8,332
    edited 30. Nov -1, 00:00
    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
    Elizabeth
    Never be bullied into silence.
    Never allow yourself to be made a victim.
    Accept no ones definition of your life

    Define yourself........

    Harvey Fierstein
  • skezierskezier Posts: 12,150
    edited 30. Nov -1, 00:00
    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 x
  • frogmortonfrogmorton Posts: 26,202 ✭✭✭
    edited 30. Nov -1, 00:00
    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 xx
    Love

    Toni xxx
  • loricalorica Posts: 187
    edited 30. Nov -1, 00:00
    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!!!

    Mark
  • loricalorica Posts: 187
    edited 30. Nov -1, 00:00
    I still have some fight in me..... :shock: :evil :lol:
  • frogmortonfrogmorton Posts: 26,202 ✭✭✭
    edited 30. Nov -1, 00:00
    Oh Mark

    you have PLENTY of fight in you :grin:

    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 xx
    Love

    Toni xxx
  • barbara12barbara12 Posts: 20,904 ✭✭
    edited 30. Nov -1, 00:00
    Well done Mark,
    We are all behind you, please let us know how you get on.
    Good Luck
    Barbara x
    Love
    Barbara
  • bubblesbubbles Posts: 6,508
    edited 30. Nov -1, 00:00
    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 Bubbles
    XX Aidan (still known as Bubbles).
  • tkachevtkachev Posts: 8,332
    edited 30. Nov -1, 00:00
    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!

    Elizabeth
    Never be bullied into silence.
    Never allow yourself to be made a victim.
    Accept no ones definition of your life

    Define yourself........

    Harvey Fierstein
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