Employment and Support Allowance (ESA)
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lost DLA

angeleyes90angeleyes90 Member Posts: 4
Hey i'm new i'm 21 years old and called Jodie my mum has claimed DLA for me since i was 5 and she got high rate care low motability and we had to renew early 2010 and we did they cut it down completely to low rate motability and care so we appealed and i had a medical this July and they took the DLA off me. Then yesterday i went for tribunal and the welfare rights officer was trying to get the tribunal postponed to a later date as the panel we were seeing were the hardest he's dealt with in his career and the judges were on about how an appeal should of been made after medical for tribunal but i received a letter saying i didn't have to appeal as tribunal was pending. Anyway the judges went ahead with tribunal and when the first question was asked i broke down in tears and i was so nervous as i haven't been to one before they were making me confused and frustrated tripping me up with the same questions but just in their own words and at the end the welfare rights officer asked if my mum could speak about the medical examination evidence as the medical person was saying that one thing i could do then putting i couldn't do it but the judges were saying where will that take us to. then the welfare rights officer told them to put themselves in my position but they were just with heads down and writing they weren't taking interest. I didn't go in for final decision but i lost it and i'm getting nothing welfares rights have told me to apply again unless the officer can find something unlawful in statement then he can appeal against tribunal but i'm still upset and depressed they don't understand why i need people around me to take care of me and yes i caan walk by myself for a few minutes but need someone to link onto as i feel unsteady at times they kept saying my right hand is okay so i can do a lot of stuff and i can't my right hand might be strong but it can feel achy to. Anyway has anyone experienced this and fought it and won second time around? Also do i have to wait 6 month to apply again? thanks

Replies

  • speedyinpainspeedyinpain Member Posts: 52 Listener
    Hi Angeleyes90

    It sounds like you've been through a lot regarding your DLA. The problem with the way appeals are done is wrong. DWP have judges sitting on these pannels who understand the legal arena, but have not got the foggest idea what life is like managing and living with a condition. I am not a legal expert but the way in which your case was handled could be grounds for a reconsideration ie failing to consider perfessional medical opinion from experts who know what things affect your condition. Can i ask did you have a medical for DLA purposes? The reason i ask this is because DWP doctors are often just General Practitioners with no real medical understanding of a specific condition.

    I have spastic diplega cp. I only see my GP to get repeat prescriptions for the medication i take to mange spasms and muscle pain. My local Neurology consultant is the one who manages every element of my condition, and works with me to decide what interventions may help and makes referrals etc, my consultant is an expert in Neurological conditions including CP, I wonder were experts like this available to your welfare rights officer when they were preparing for the tribunal?

    Thanks
    Andrew
  • Andrea0607Andrea0607 Member Posts: 4
    Hi Speedyinpain!!

    Please can i ask you a personal question - feel free to tell me to get lost!!

    Do you get DLA for Spastic Diplegia?

    I have a 5 year old son who depending on which consultant you speak to either has hemiplegia or spastic diplegia and until this week we were on the higher rate of DLA with a Motorbility Car. This week, due to a report from school, they have cancelled all of his DLA. Just wondering if we should appeal but don't know anyone else with spastic diplegia to see if they get DLA or not.

    thank you for you help

    Andrea
  • speedyinpainspeedyinpain Member Posts: 52 Listener
    Hi Andrea0607

    Yes i get DLA.,If my claim is re considered the award can be upgraded, downgraded or stopped. As far as i know awards for DLA are time limited, and no longer awarded indefinately.

    In my opinion the basis for an appeal is a personal decision, based on evidence you can provide to support any appeal showing why DLA should be re instated. Remember each person is different and the rules and procedures are applied to the information supplied on the claim form.

    Thanks
    Andrew
  • pantherpanther Member Posts: 251 Courageous
    Hi Andrea

    I have spastic diplegia cp and epilepsy and I get DLA so my advice would be to appeal the decision you have got for your son.
    Although someone has said they don't think DLA is awarded indefinately mine has been at the moment.
    There have been times when it has been time limited but the last time they reviewed it they awarded it indefinately but told me that still means they can review it any time they like.

    In all honestly I just think they do whatever they like, I don't understand why they do awards indefinately but also tell you we can review that reward any time we like. They don't tell you that in the letter. I found that old a number of years ago when a renewal pack suddenly arrived in the post. At the time I was on indefinate DLA so I rang and queried the reason for a renewal that is when they told me reviews can be done any time they like.
    My DLA was awarded again but for about 4 years it was awarded for a set time and I kept having to do renewals, but on the last one can't remember how long ago that was now they went back to an indefinate award

    Hope this helps you make a decision about whether to appeal or not, good luck with it if you do.

    Helen
  • Andrea0607Andrea0607 Member Posts: 4
    Thank you for your comments.
    We are appealing and they will get back to us with a decision within 11 weeks.
    Fingers crossed!!
  • angeleyes90angeleyes90 Member Posts: 4
    Hey sorry on late reply yes i did have a medical and it was all lies they put but my welfare rights officer has found something unlawful in tribunal statement so he's working on it
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