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Don't give up on DLA/PIP if you feel your entitled to these benefits
Zeezee
Member Posts: 80 Pioneering
I would like to thank Scope for the advice pages and all the people who have shared their experiences with the appeals and tribunal processes.
I attended a tribunal after the DWP reduced my daughters DLA carer component because they awarded her the higher rate mobility and probably didn't want to pay the backdated payments so they reduced her carers from higher rate to middle rate and backdated the deductions. Then the tax credit reduced my disabled child premium from severe disabled child down to standard disabled child premium, and backdated that reduction also. Which dropped my payments from £152 a week to £3.24 a week.
The actual reason they gave was that because my daughter had started taking Baclofen and in a report from her Paediatrician said that she had a good reaction to it and it improved her sleep for the first two weeks but then although her sleep was slightly better she still had significant sleep problems and was prescribed Melatonin although she was not in as much pain at night and her spasms during the day where a lot better and level of pain during the day was drastically reduced.
Because of this report the DWP said that my daughter must be sleeping all night and no longer required any care during the night because if the Baclofen was no longer making her sleep then it would be discontinued. They would not listen to me telling them that Baclofen is not a sleep medication it was prescribed for muscle spasms and it was still working to reduce my childs muscle spasms therefore it will not be discontinued because it didn't make her sleep.
Also Melatonin was prescribed to help my daughter sleep after the Baclofen but because the Melatonin didn't work that was discontinued.
The DWP would not accept this at Mandatory reconsideration so I took it to Tribunal.
I was only in the court for 10-15minutes before they asked me to wait outside for a couple of minutes. They then told me that my application had been successful and all money would be backdated. They also congratulated me on the obviously difficult and stressful job I do in caring for my daughter, and thanked me for attending as they knew it would have been difficult co-coordinating care for my daughter to enable me to attend court. They also apologised that I had been put in that position.
It was.like they had already made the decision before I got there based on the information I had provided.
It has been a long stressful process but well worth the effort in the end. I didn't get professional advice as I knew it was a straight forward case and anyone with a modicum of intelligence or medical knowledge would find in my favour. But if any of you are in the same situation please read the advice pages on here, get reports from your doctors/paediatrician/physiotherapist etc. and if your case is complex then ask CAB to help. But whatever you do DON'T give up. The DWP very often refuse appeals but once a case reaches Tribunal they are regularly won at Tribunal.
It is a shame that the people who are genuinely entitled have to jump through all these hoops but such is life.I am now able to pay my rent arrears, gas bill and sky bill so I will have WiFi again shortly so I will be able to use my laptop instead of my phone to come on here 😁 I should be able to concentrate on caring for and enjoying my beautiful little princess now 💕💕💕
Good luck to anyone going through that process, and don't give up xxx
Replies
I wish it was as simple to keep fighting the constant pressure but after years of struggling I have no energy to make the extra effort.
TK
Great post and well done for getting the award for your "little princess".
Best wishes
What I am trying to point out that just living alone can be soul destroying in the current system. There are many tales of elderly people suffering even though being reasonably healthy and amongst younger people MH issues are becoming an almost automatic thing when people get so isolated. To do this and also try to cope with a severe disability simply cannot be described to those who are not in the same position.
My eldest daughter has 2 children and I know what she goes through and I marvel at her ability to keep going and all three of them are healthy. I cannot comprehend what you go through as I am not in your position but the simple fact is that you have family with you even though that is only your daughter. Why do you think a lot of people living alone have pets? It is just so that they do not feel so alone when there is a living breathing being in the same place. Tbh I often wish I could look after a pet as it would probably help me.
However, whilst I cannot comprehend what you go through you DO have someone else around. You DO have someone to take responsibility for, someone who you have to have a routine for, something easily lost when living alone especially if disabled. Also, you are healthy and able to go out. You may even have friends or relatives who visit you or perhaps you can go to see. Maybe it is too difficult for you but at least, under the right circumstances, you could.
It is like trying to explain the difference between black and white to a person who has been blind since birth.
I know you meant what you said sincerely and applaud you for it but I have seen too many people here who are in the same position as myself who simply cannot fight any longer and have given up. Perhaps your sentiment will help some but I know that a lot like me will not see it in the same way.
If I offended you in any way the please accept my apology.
TK