Incapacity Benefit Nightmare

[panther12]

Re: DLA & home visits on renewal.

Many thanks for the comments, it really has made me feel a bit better.

Your comments have made me feel stronger and I will definitely make appointment to see my GP, think I might wait till I receive the statement of reasons from the tribunal judge then I can give a copy to my GP for her comments about it. It seems to be a judge lottery when it comes to these tribunal hearings as the first time I went in 2007 the judge was very nice and sympathetic as were the rest of the panel and it was quite painless and all over in 10 mins. What a stark difference to this one. Once the welfare lady saw who the chairwoman was she said this person is the worst she has ever known - No kidding!

It’s ironic that since I was first awarded DLA my condition has worsened but not only that I also have more ailments than before (carpel tunnel and also diagnosed with pernicious anaemia B12 deficiency needing injections for the rest of my life) but they not only deny my appeal but also take away that bit of low rate DLA that I had previously been awarded! I should have B12 injections every 3 months for the pernicious anaemia - the last one was due in January but since going through this ordeal I didn’t bother with them again. I know I shouldn’t stop any of the medication but being subjected to that ordeal I just lost the will after that.

I’ll chase up the statement of reasons and when I see the GP will let you know what they say. Yes I think it might also be worth getting in touch with the local MP - not sure how much help they would be but you never know.

I really do appreciate all your help & support, thanks ever so much.

[di30]

Re: DLA & home visits on renewal.

Many thanks for the comments, it really has made me feel a bit better.

Your comments have made me feel stronger and I will definitely make appointment to see my GP, think I might wait till I receive the statement of reasons from the tribunal judge then I can give a copy to my GP for her comments about it. It seems to be a judge lottery when it comes to these tribunal hearings as the first time I went in 2007 the judge was very nice and sympathetic as were the rest of the panel and it was quite painless and all over in 10 mins. What a stark difference to this one. Once the welfare lady saw who the chairwoman was she said this person is the worst she has ever known - No kidding!

It’s ironic that since I was first awarded DLA my condition has worsened but not only that I also have more ailments than before (carpel tunnel and also diagnosed with pernicious anaemia B12 deficiency needing injections for the rest of my life) but they not only deny my appeal but also take away that bit of low rate DLA that I had previously been awarded! I should have B12 injections every 3 months for the pernicious anaemia - the last one was due in January but since going through this ordeal I didn’t bother with them again. I know I shouldn’t stop any of the medication but being subjected to that ordeal I just lost the will after that.

I’ll chase up the statement of reasons and when I see the GP will let you know what they say. Yes I think it might also be worth getting in touch with the local MP - not sure how much help they would be but you never know.

I really do appreciate all your help & support, thanks ever so much.

Now that's the spirit

You keep your chin up now, you will get through this, and we are all behind you. x

[Flossy]

Re: DLA & home visits on renewal.

Panther,

Absolutely agree with Di. You can see your spirit has lifted and you now know you have many people behind you to help with your fight.

You really need to be a pain in the butt with your GP right now and make her aware you are in pain, ill and low. The more you talk to your GP the better the report she will do back to DLA for you. (talking just from experience!!) If they haven't seen you for a while they dont always know what's going on or how you are feeling. So, when DWP ask your GP if you are in pain, she can answer it from the last time she saw you.. etc.... (just an example)

Chase up your reason by requesting it a number of times so they send it out quicker!

Get to the GP to have your injections!!! Dont stop taking them or any other medication, you will only make yourself ill and we need you ready to fight the next step of your DLA.

Contacting your MP does make a difference, (not always a massive difference) as you can get to speak face to face with him/her and explain what has happened/happening. He HAS to chase it up and find out what DWP are doing to help you. DWP HAVE to respond back to the MP. You will then get a letter back explaining what DWP have said (normally a lot of C***!) but, at least they then know you mean business. I would also mention to the MP what the disgraceful DWP guy said while at the tribunal, as CleverClogs said it was very unprofessional! I would also send a letter to DWP about him. Even if you haven't got his name they will know who was on duty wit you that day. Put all this information you get together in your file as evidence to show the chair person..It makes a difference!

I'm really glad that you are feeling a bit better and stronger. I know how bad it is when you get so low and think that that is the end of everything. Like you said about the first time you went and the chair person was good with you and awarded you DLA and it was over in 10 mins. Just think that the next time you go in that room you will be very prepared and may also get the same nice lady or even a better one! If you dont you will be more than prepared, stronger and ready to take them on.

Keep us updated.. Keep strong

Flossy

[panther12]

Re: DLA & home visits on renewal.

Thank you all, I can’t tell you how much better it has made me feel right now. If it was someone else I would be telling them the same as you guy’s – I just need to fight for myself as much as I fight on behalf of others.

Since that hearing I’ve not wanted to look at any of the mountain of paperwork related to this and shoved everything away in a cupboard, but I have now spoke to the tribunal service regarding the statement of reasons – which is now over 2 months since welfare rights wrote to request it. Spoke to a nice lady who confirmed they did receive the request and said with the backlog it will probably be a couple weeks more before it goes to the judge to write up the statement, and can take another 2 or 3 weeks for the judge to complete it.

I think what I’ll start doing is compiling everything together with an account of exactly what went on at the tribunal and once we have their reasons will take things from there and I’m sure my GP will help and will also get my MP involved. It’s been a nightmare not only the actual tribunal itself but from the moment you get the brown envelope drop through the door you get that sinking feeling in the pit of your stomach and life gets put on hold. I don’t think they realise just how much upset and turmoil it causes, then having to wait to see what a decision maker who has no actual medical knowledge decides, then exhausting the internal appeals process before having to endure many more months of agonising worry waiting for a tribunal date – then the sickening feeling of having to face a panel of strangers who know nothing about you - then having gone through all that they never even had the courtesy to tell me to my face even though they said they will call us back in with their decision. It was a Friday so they left me to go through another weekend and 2 days of hell before getting their postal decision by 2nd class post. Not even worthy of 1st class. It was clear a decision had been made but the bunch of cowards never had the guts to tell me to my face or the courtesy of a brief explanation of the reasoning – obviously didn’t want any more tears on their floor!

On the plus side with the amount of weight lost through worry & stress since this started back in Oct 2010 I can now fit in my old jeans again – although I doubt it’s the kind of weight loss that’s good for you.

Yes I will definitely keep you updated and thank you all again for the help & support, you really are brill.

[Flossy]

Re: DLA & home visits on renewal.

Thank you all, I can’t tell you how much better it has made me feel right now. If it was someone else I would be telling them the same as you guy’s – I just need to fight for myself as much as I fight on behalf of others.

Since that hearing I’ve not wanted to look at any of the mountain of paperwork related to this and shoved everything away in a cupboard, but I have now spoke to the tribunal service regarding the statement of reasons – which is now over 2 months since welfare rights wrote to request it. Spoke to a nice lady who confirmed they did receive the request and said with the backlog it will probably be a couple weeks more before it goes to the judge to write up the statement, and can take another 2 or 3 weeks for the judge to complete it.

I think what I’ll start doing is compiling everything together with an account of exactly what went on at the tribunal and once we have their reasons will take things from there and I’m sure my GP will help and will also get my MP involved. It’s been a nightmare not only the actual tribunal itself but from the moment you get the brown envelope drop through the door you get that sinking feeling in the pit of your stomach and life gets put on hold. I don’t think they realise just how much upset and turmoil it causes, then having to wait to see what a decision maker who has no actual medical knowledge decides, then exhausting the internal appeals process before having to endure many more months of agonising worry waiting for a tribunal date – then the sickening feeling of having to face a panel of strangers who know nothing about you - then having gone through all that they never even had the courtesy to tell me to my face even though they said they will call us back in with their decision. It was a Friday so they left me to go through another weekend and 2 days of hell before getting their postal decision by 2nd class post. Not even worthy of 1st class. It was clear a decision had been made but the bunch of cowards never had the guts to tell me to my face or the courtesy of a brief explanation of the reasoning – obviously didn’t want any more tears on their floor!

On the plus side with the amount of weight lost through worry & stress since this started back in Oct 2010 I can now fit in my old jeans again – although I doubt it’s the kind of weight loss that’s good for you.

Yes I will definitely keep you updated and thank you all again for the help & support, you really are brill.

Panther,

Firstly, I'm so glad you are more positive. Its great to hear you wanting to fight this now.

I really do know how you are feeling and understand that you do not want to even look through the paperwork but, the paperwork will not go away and at some point you will have to face it. Maybe do a list of the things you have to do and put 1 thing on your list to complete each day. Dont write a list with loads of things you need to complete or it will over face you and right now you are too delicate to be over faced.

Its a good idea to keep a diary of events so that you know exactly what happened on what day/date, back this with any evidence you have.

Waiting for this 'statement of reason' for this long is not acceptable. I do not know why your Welfare Rights lady is not helping you in chasing these things up? If they are involved then I suggest that you speak to her and explain your position, also how low you are and not to mention the lack of DLA money since? Last year???
Welfare Rights are there for a reason and when I had the same kind of problems as you, my guy was on their case and found out what the reason was within a few days since they have more power than you to be able to obtain this information quickly. I am guessing that all yours will say is that you are not eligible and/or warrant DLA due to the fact you are able to work! This is because they have taken your GP's report and their own report (which they have no idea about you, like you have said) in to consideration. That's why I feel you should make an appointment with your GP as soon as possible to get a copy of his report or even to just ask the GP what was said. It will be easy to tell you there and then as it will be copied on his PC with all your medical history(which is basically a few questions on the DLA form). Its is VERY important to do this now and not wait for your reason, then,you need all the help you can get and as I keep saying your GP report is key to your DLA decision plus, any specialist report or hospital reports will also be key to your DLA.

You could then tell your GP how low and that all of this is making you more ill. Making sure you have plenty of GP visits for your GP will be able to do a more accurate report on you. Tell your GP how things affect you, what you cant do, etc, as the questionnaire they get from DWP asks questions like: Does Mr x have problems getting undressed, getting up or down the stairs, washing and showering, walking alone, unsteady on their feet? Etc, etc. Most of the questions may not even apply to you hence why you need to tell the GP everything that does apply as they do not know what you are like when your at home alone and doesn't know whether you have any of the problems so they fill out the forms saying 'not that I am aware of'.

Go online and find out about your local MP and if he/she is visiting your area sometime soon and make an appointment to see them. If they are or not write a letter and email it to them as they will read it and reply back to you probably quite quickly advising what they suggest you to do or what they will do. The quicker you do that the better. You then have more on your side. When writing to the MP make the letter quite short if you can and highlight the main points as they do not like to read long letters! (Sorry if you know this but, I didn't when I wrote the first time).

Anything else or if you cant find anything online then please let us know and I will find out the information for you. We are going to beat this and get you what you are entitled to....

Flossy

[di30]

Re: DLA & home visits on renewal.

We are behind you and will help you through this all we can.

Try staying strong, and keep that chin up ok xx

[panther12]

Re: DLA & home visits on renewal.

You are right Flossy and I’m going take your advice and book that appointment with the docs, my gp practise allows you book appointments online but looks like it’s not available at the moment so I’ll ring the surgery next week make appointment. Will definitely try explain how I’m feeling and how low & worthless this ordeal has left me feeling and basically been made out to be a liar after all that I have been through before. I do have a copy of a questionnaire that my gp completed on my behalf which I thought was supportive but the tribunal dismissed it all (although I don’t think they even read anything that supported my case as their mind was already made up). Whenever the statement of reasons does arrive I’ll also pass a copy to the gp who can compare the reasons given with her own view of the situation.

I did ask the welfare lady about the length of time it’s taking to receive the statement but she doesn’t seem to be too bothered or help in pushing things forwards. To be honest I have never had much faith in her. She took over from the previous welfare rights who was fantastic and really filled you with confidence. That one sorted out all the forms & paperwork and attended that first tribunal with me and was very assertive and explained to the panel everything and I didn’t really have to speak much at all. Unfortunately she moved to another department and someone else took over her casework but this one I feel just goes through the motions without any real commitment. Even on the day of the hearing I had no idea if she was even going to turn up. When I received the date I told her (about 1 month in advance) and she said she won’t be able to see me beforehand due to holidays and busy work schedule but will see me on the day of the hearing. I had no idea if I was to meet her at the Tribunal or she came to pick me up and all go together (like the last welfare lady did). On the day of hearing I couldn’t get in touch so made our own way with my parents and just hoped she would turn up, which she did (late) and hardly spoke a word in the hearing – although to be fair the main judge on the panel made it quite clear that you only speak when told to and no interruptions – absolutely nothing at all like that first tribunal I attended.

Luckily I’ve been helping a friend with their bank issues and reclaiming charges so that has kept me busy and helped keep my mind occupied and not dwelling on this as much. Will definitely let you know how things go and thanks ever so much for the offer of help and if I need any more info. No doubt I’ll be taking you up on that before long :-)

Thanks again guy’s xx

[Undercover Elsa]

Re: DLA & home visits on renewal.

Hi Panther,
Glad to see you're getting your bounce back a little and going to see your doctor.
It will be interesting to see what he/she says to the statement of reasons when they come through.
It is a very sad state of affairs when this process, which is designed to help the sick and disabled, actually contributes to and worsens the condition it is supposed to help. Stress to your doctor how the treatment you received has set you back.

Are you a member of the Benefits and Work website? They have a wealth of info on the appeals process, but unfortunately there is a fee to join if you want to download some of the info and guides.

Shep x

[Flossy]

Re: DLA & home visits on renewal.

You are right Flossy and I’m going take your advice and book that appointment with the docs, my gp practise allows you book appointments online but looks like it’s not available at the moment so I’ll ring the surgery next week make appointment. Will definitely try explain how I’m feeling and how low & worthless this ordeal has left me feeling and basically been made out to be a liar after all that I have been through before. I do have a copy of a questionnaire that my gp completed on my behalf which I thought was supportive but the tribunal dismissed it all (although I don’t think they even read anything that supported my case as their mind was already made up). Whenever the statement of reasons does arrive I’ll also pass a copy to the gp who can compare the reasons given with her own view of the situation.

I did ask the welfare lady about the length of time it’s taking to receive the statement but she doesn’t seem to be too bothered or help in pushing things forwards. To be honest I have never had much faith in her. She took over from the previous welfare rights who was fantastic and really filled you with confidence. That one sorted out all the forms & paperwork and attended that first tribunal with me and was very assertive and explained to the panel everything and I didn’t really have to speak much at all. Unfortunately she moved to another department and someone else took over her casework but this one I feel just goes through the motions without any real commitment. Even on the day of the hearing I had no idea if she was even going to turn up. When I received the date I told her (about 1 month in advance) and she said she won’t be able to see me beforehand due to holidays and busy work schedule but will see me on the day of the hearing. I had no idea if I was to meet her at the Tribunal or she came to pick me up and all go together (like the last welfare lady did). On the day of hearing I couldn’t get in touch so made our own way with my parents and just hoped she would turn up, which she did (late) and hardly spoke a word in the hearing – although to be fair the main judge on the panel made it quite clear that you only speak when told to and no interruptions – absolutely nothing at all like that first tribunal I attended.

Luckily I’ve been helping a friend with their bank issues and reclaiming charges so that has kept me busy and helped keep my mind occupied and not dwelling on this as much. Will definitely let you know how things go and thanks ever so much for the offer of help and if I need any more info. No doubt I’ll be taking you up on that before long :-)

Thanks again guy’s xx

Panther,

I am getting more annoyed reading your thread about what your welfare lady is doing (or should I say not doing!!!)

Firstly, Appointment to your GP - Tell her that you are VERY depressed, cant cope, all the pain and things you get with anything that is wrong with you. I would even go 'over the top' with the problems you are having so that your GP especially can answer all the questions she has been asked on the DLA forms so that she can really back you up with further evidence of your health deteriorating and is not going to get better? Or better in the foreseeable future(?)(Always explain to your GP, on the DLA form, to the Welfare Rights, etc what you are like at your WORSE) Like I've said, go and see her a few times before the tribunal so that she gets an even better picture of your problems getting at there worse and that you are not coping at all and need help and support.If you dont go she will not be able to complete the forms accurately by giving the maximum effect of how ill you really are. (You shouldn't have to do this but, unfortunately it is necessary to get a better report)Then, tell your GP about the DLA (after you have spoken about how ill you are)and explain that your illnesses have got so bad that you where at the point of just giving up completely with everything including your own life.....(?) (I am going off your first post) That should make your GP really listen and take notice!

Ask your GP is she can chase up this statement... If she cant then you try and see if you can chase it up yourself?

Second, Get rid of that useless bloody welfare woman. You need to ring up and find another one that can really help you just like the first one did. You say that the welfare lady you had has been moved to another department, Is it possible that you know where she is now? If so, I would maybe contact her even though she is no longer dealing with your case and ask for her advice on changing to a welfare person who actually knows what they are doing? I should imagine that she will know who is good at their job and who isn't! If you cant find out where she is then I suggest that you speak to someone within the department and ask to change to another welfare rights person. Explain what has happened and that you do not feel very confident with the one you have. It is YOUR choice who you have dealing with you, and if you are unhappy, change! It is also your health we are dealing with here plus the fact that you depend on the DLA so you NEED the right people there to help you. If you let me know the area you are in I could have a look for you or speak to my welfare guy (who was brilliant) and see if he can help find one for you in your area. I have just helped another friend to fight for his DLA and he is in a wheelchair permanently, cant walk AT ALL, has had one back operation which ended up with him getting MRSA which caused him to have 2 further operations to re open him up. He was in hospital without any help of physio for 6 months (I was in hospital with him at the same time) and then they finally got him to a rehab unit nearer his home in Burnley for 6 months and he still cant walk... They have now just left him without any further kind of treatment or help to get him moving. Then, a few months ago he was told he was fit for work and they stopped the DLA he was getting! He now has no help at all to get in and out of bed, etc! I find it unbelievable that he has just been left and how the hell can he be fit for work???? The system is completely messed up! But, I have found him a good Welfare Rights person who is adamant he will get the DLA back and the tribunal is next week. I think with the help and support from his welfare person, GP and surgeon's letters, etc he will get it back... I will let you know what happens.

My point is that he fought it alone and had no back up at all and was rejected from his DLA forms which, he really didn't understand and completed them without any help. But now he has everything in place and is ready I know he will get it back at his tribunal due to the proper help and support he has in place.

I find it really disgraceful that your welfare lady hasn't been much of a help to you! You are stressed enough without adding extra stress due to having no support, not standing up for you at the tribunal, not helping you with the forms especially when they know the best way to complete them, and then not even knowing if she will even turn up at the hearing to support you at the worse time on the day for you leaving you to deal with it all on your own! That is appalling and its no wonder people like you get knocked back leaving the ones who 'know the system' to get it when they are not even ill or have no real disability at all.

I know how hard and frustrating it is and especially when you are unwell and feeling low. Its good and I am glad that you are helping your friend and able to keep your mind on something else or you would just be making yourself more ill in thinking about it all day and night. Its also very nice of you to be helping others especially at a time like this.

Take care and remember we are all here for you every step of the way... Please keep us up to date with everything and if you want me to try and help with the welfare people I will. The best things for you now is to keep calm and not get yourself upset when dealing with these incompetent people.

Flossy

[panther12]

Re: DLA & home visits on renewal.

Hi and sorry for the delay in getting back. Flossy I read your excellent advice but sometimes it just takes me a while to engage brain and respond and before I know it several days have gone by. Really can’t believe just how fast the weeks & months fly past.

I did ring the docs last week to make an appointment but they couldn’t even give me a date until they put the new appointments listings schedule up and said ring back in a week’s time. I did that yesterday and got a date but earliest available slot to see my preferred doctor is not till middle of April – but at least it’s now booked.

I today finally received the Statement of Reasons from the tribunal. It’s about 3 pages and I’ve only skimmed through it as some of the bits that I did pick out made my stomach churn again and made me feel like I did after undergoing that horrible tribunal. “Overall the Tribunal found the Appellant to be a most unconvincing witness”. I only told the truth and how I felt and have felt for many years! Just put the boot in and finish me off why don’t they!

I did scan and email a copy to the welfare lady but as yet not received any reply. I understand that any further appeal can only be based if there has been an error in the way the tribunal applied the law to the case. I don’t mind sending you a copy Flossy and if there’s anything obvious that you can detect that could form the basis of an appeal. To be honest I don’t hold much joy in the welfare doing a great deal more. I’ve scanned it in PDF format, I don’t know if it would be easier if you message me your email address and I could email it to you that way.
Thanks.

[Flossy]

Re: DLA & home visits on renewal.

Panther,

Please bare with me as I have just had a stroke ad have only one hand to type with.

I am really angry, disgusted and read your post while swearing at what I wa reading....

You cant get an appointment at your GP till mid April????? Why? You need to ring them back and tell them it is urgent that you see them earlier than that!

You welfare rights woman is useless again so sack her off. Enough waiting around for her to be bothered to contact you. The Reason for being turned down sounds ridiculous! You need some serious help with this. Let me ask the Boss :niddy about you sending this information through the site so I can look at it for you.

Dont worry (easy for me to say but I will help you and get you someone to get you through this.

I still feel that CleverClogs is right with getting your MP involved now.

Will get back to you as soon as I can and after I have spoke to the Boss.

Bare with me, keep calm.

Flossy.

[IF]

Re: Incapacity Benefit Nightmare

Hi Panther, hope you don't mind but I've moved your posts so now have your own thread here.

Sending big hugs and thinking of you

Best wishes
IF...x

[panther12]

Re: Incapacity Benefit Nightmare

Flossy I’m so sorry to hear about the stroke, I do appreciate the help & support but don’t worry about this you just please take care & look after yourself that’s the main thing.

Never normally had to wait this long before to see the doc, I probably could have got in earlier if I asked for any available doc but would prefer to see my regular one who I’ve seen before and knows me – I know the medical notes will be on the system but don’t really feel like going through everything with a stranger I’ve never seen before. The appointment is on 23rd so not too long to wait now.

I did eventually get an email reply from the welfare lady regarding the tribunal statement of reasons. Said that she has read through the statement but can’t find any error in law and basically that’s it and I’ll have to have a think about what I want to do! I told her that to be honest at this point in time I just don’t know what to do and that I’m at my wits end. Told her I’ve made an appointment with the doc. She never got back so I’m guessing that’s her involvement in the case finished.

Just let me know if it would be ok to send you a copy but I really don’t want you busting a gut over this after what you’ve been through.

You take care of yourself.

[panther12]

Re: Incapacity Benefit Nightmare

Hi Panther, hope you don't mind but I've moved your posts so now have your own thread here.

Sending big hugs and thinking of you

Best wishes
IF...x

No that's fine, thanks for that.
Cheers

[Flossy]

Re: Incapacity Benefit Nightmare

Flossy I’m so sorry to hear about the stroke, I do appreciate the help & support but don’t worry about this you just please take care & look after yourself that’s the main thing.

Never normally had to wait this long before to see the doc, I probably could have got in earlier if I asked for any available doc but would prefer to see my regular one who I’ve seen before and knows me – I know the medical notes will be on the system but don’t really feel like going through everything with a stranger I’ve never seen before. The appointment is on 23rd so not too long to wait now.

I did eventually get an email reply from the welfare lady regarding the tribunal statement of reasons. Said that she has read through the statement but can’t find any error in law and basically that’s it and I’ll have to have a think about what I want to do! I told her that to be honest at this point in time I just don’t know what to do and that I’m at my wits end. Told her I’ve made an appointment with the doc. She never got back so I’m guessing that’s her involvement in the case finished.

Just let me know if it would be ok to send you a copy but I really don’t want you busting a gut over this after what you’ve been through.

You take care of yourself.

Panther,

Im okay and dont worry about me. I will still help you get through this ridiculous mess!

What did your GP say?

I am going to send you a private message so that I can help you further with Welfare Rights and your Tribunal. I really think that we need to do what I said before. Get a new and better Welfare Rights person who can do their job properly. Contact your MP as CleverClogs has mentioned.

Dont think I have forgotten about you if I have a bit of a delay with replying. Keep posting all the information on here so I can see what's happening.

I hope you are okay? I know your at you wits end as I was in your position and its not very nice not to mention mentally and physically draining.

Lets keep fighting Panther. I am with you all the way.

Flossy