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Lost my DLA appeal – and my Usher is getting worse

I am seeing a charity campaign officer about my recent DLA appeal. I had a tribunal hearing but it was not successful. My Usher seems to be getting worse – last December I had fallen over the edge of the platform at Camden Town tube when I was travelling in the wrong direction. I am depressed and don’t know what more I can do. The charity person doesn’t think they can do any more but surely they can? My job is now down to one day a week because that’s all I can manage. Surely there is someone in London who could help me fight against the DLA decision?

Janice

Deafauntie says:
I feel depressed just reading your email. I wonder if the campaign officer has all the details and the expertise needed these days to fight the system? You have given two very strong examples (the tube and your job) to show that you need more assistance to manage your life.
I am not an expert in this area so I am going to ask a couple of people whom hopefully will post their answers under mine here. I think you would find an advocate working closely with you on all your paperwork – including medical letters – and accompanying you to meetings very helpful.
Do you know someone like that? Again I will ask someone in the advocacy field to post suggestions here.
Let’s keep in touch.

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5 responses to “Lost my DLA appeal – and my Usher is getting worse

  1. First of all. I am surprised at your experience. In my local experience I have managed to help people maintain their DLA and success in processing the ESA in some cases they are now better off than before. So there are good news out there.

    It seems to me generally speaking that everyone should demonstrate regular hospital visits, and up to date current medical conditions, including even a hearing test! and a current prescription list. That seems to key to a successful outcome.

    I am often surprised by some disabled people who seem to think that just because their condition is permanent means that they are safe. That is not the case with these “unfair welfare reforms”. I always suggest that they provide updated reports, and never stop seeing Consultants and Doctors.

    In your shoes. I would have a look at your records again and make sure that they are not older than 12 months, and if you have not had a hearing test get one straightaway.

    Timing is crucial here. I understand that you went to the first tribunal. It is now up to you to decide if you should appeal to the Second level so that you maintain your right to backdated pay. This is totally dependant on your medical records being up to date.

    If your medical reports are too old….you may have to bite the bullet and “start again”.

    This has to be your judgement and call. But do check any deadlines and try and meet those deadlines while looking for an advocate or friend to help you.

    This is purely my experience as a friend, neighbour , ad hoc charity work and in no way should be “treated as Expert Advice”.

    I am just giving you my personal experience and some good news to encourage you to think in a positive way.

    Now I will wish you Good luck and do let us know how it all goes….

  2. If your tribunal was unsuccessful, there are only limited means for appeal to a higher tribunal. i.e. within one month and has to be on grounds of law only (not fact).

    Otherwise if you’re not in receipt of any DLA, make a new application. However, this would now be for PIP (there is no more for new applications for DLA). If you are in receipt of some DLA (you were hoping to get a higher rate), then you need to weigh up what you may or may not get with the new rates and your eligibility.

    In other words, you need advice taking into consideration all of your circumstances. I can’t give you this here, I only have a selection of the facts. And filling these forms has always been a skill in itself – you can be deafblind etc, in very real need but still refused. I’ve seen it happen countless times.

    More information on PIP here: http://www.disabilityrightsuk.org/personal-independence-payment-pip

  3. I have been asked by Larraine to give my comments to the blog as requested.
    I am sorry to hear that you were unsuccessful with your claim. Please bear in mind as when we hear at the appeals, we always look to the date of the decision made by the DWP and find facts that happened before the date of the decision. What we cannot do is to judge what happened after the date of the decision. If things got worse after that date, you can make a fresh claim, but as you are aware that DLA is being phased out and PIP is coming into force.
    So you may be able to claim on the PIP but you need expert advice, as I can recommend that you contact the RAD Deaf Law Centre on their website.
    Simon

  4. Janice I really feel for you as I think your facts have not been fully taken into account by DWP or the tribunal. It makes me frustrated on your behalf. The good thing is that you have now got a few lifelines via Deafauntie to back up your claim. Grab them and the stronger your next claim will be. I do truly hope it will be a YES the next time around. You are in my thoughts.

  5. It would be worth contacting Sense’s own legal team for advice and assistance. Email. Legal@sense.org.uk website: http://www.sense.org.UK/content/information-and-advice-service Also, you may be interested in our Usher Specialist service, Email. Info@sense.org.uk

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