Long struggle to get DLA increased

[nigrob1965]

Hi , i have been trying to get my DLA increased as i currently receive lower rate care. I applied for this in May last year and after two decisions that i am not entitled to an increase i have just been told that the Tribunal service will be in touch with a Date for the hearing.
I have confirmed spinal stenosis , arthritis and degeneration of discs in the L3,L4,L5 region along with S1 ,S2,S3 degeneration.
I have recently had the Spinal Fusion , decompression surgery along with bone grafts but i am still experiencing the same pains as i was before the surgery and have now been prescribed Oromorph forthe pain and i wear the back brace and use crutches now to ease the pain and to help me walk as the pains that go into my legs are causing me balance problems , increased pain in my knees and the knees give way without warning.
I have already been assessed by the Atos medical persons for my ESA claim and passed this first time , i am a Blue Badge holder and also have a Disabled persons bus pass which both required evidence from my GP when i applied for them.
Does anyone else on here have this condition and do they receive DLA care & Mobility rates.I cannot walk without severe pain now and the difficulty with getting about gets worse with even slight movement. I am unable to do any simple tasks in the house including dressing , cooking and washing.
I am aslo being treated for depression and have not worked since March 2010.

Is it good that it is going to the Tribunal service or should it have been sorted by now ?
Can the Tribunal service make an award without having the meeting based on evidence and should i send an update on my problems ?
Appologies for the long post but i am so frustrated with this and any replies will be appreciated.

Thanks

[reddee]

I have very similar conditions/illness Rob and I receive higher rates of DLA.

Have you got anyone to help with your appeal? and by that I mean a welfare rights person, you should be able to get someone to help/advise you from your local CAB.

Gather as much supporting evidence as you can from people who know how your illness affects you, people such as your GP, Physio, ect
Do you have an OT report? if not then it would be an idea to ring your local social services and ask could they send out an OT to assess your needs and you need help with things around the home.
When they OT comes out to see you, you can tell them about the appeal and ask will they do a report for you to send into the appeals panel. The OT can also get you things/adaption’s to help make life a little easier for you. Ring social services ASAP as it can take a good while for them to send out an OT.
Send in as much information about your illness/condition and how it affects you.

Yes the penal can make a decision on the award of DLA on the day they can also if they wish send the decision out by post.

The good thing about going to appeal is that YOU get to speak to them about how your illness/condition affects you and the things you need help with and the help you need.
It is a good idea to make a list before your appeal of all the things you want the panel to know, things such as what you need help with who gives the help, what life is like for you day to day, what your pain is like and the help you need in and outside the home. You can take this list in to appeal with you to help remind you of the thing you want to say.
You can also take someone in to appeal with you to give you support, someone like a partner. friend carer ect they may also be able to speak to the panel as well.

Going to appeal can be a long process mine took 5 months from start to finish and I won my appeal with a OT report, a supporting letter from my GP and me being to talk to the panel about what life is like for me. Yes going to appeal is frightening but for once you get to speak, you get to tell them what life is like for you, they get to see you face to face meaning they can see for themselves that you have problems.

Good luck

Dee

[treborc]

I know sometimes this can sound silly, but believe me it's not, and I have the same problems you have, I have problems with the C2 L5.

DLA is paid to help people live, it's not paid for how serious your disability is, it's about what ever you have affects your everyday life. By all means tell them about your disability , but leave Time to tell them how this affects your every day life.

This is what they really want to know.

How the pain affects your sleep, how you get up three or four times at night, how you need help getting up, how you cannot walk, cannot stand, cannot wash, cook clean the house. How when you go out the bus is to high or to small the taxi is the wrong size.

How your life is so difficult.

This is what gets you DLA.

You will see sometimes people telling others how seriously they are disabled, and then you see somebody who has a single disability, who has been given DLA because she/he has explained better how it affects her/his every day life better.

Do not forget when you go to medicals or Tribunals they are watching you all the time and how things like sitting standing walking is affecting you.

best of luck.

[nigrob1965]

Hi ,thanks for the replies , after sifting through all the info that DWP have sent me it appears that the decision has been based on the Medical report they asked for from the DWP's doctor about how this condition affects people in general and not on the actual way in how i am affected.
It also is based on Spinal stenosis with no mention of Arthritis or anything else that is causing me problems.
How can a decision be made on probabillity and not factual evidence.
It appears also that my Consultant has sent back a report stating that i can do most things which contradicts what my GP said on his letter of evidence.
I saw this Consultant once just before being listed for surgery and the GP is more aware of my problems and would be more accurate in his evidence.
I am being helped by my local DIAL office and wondered also if they can attend the tribunal for me as i am unable to travel in a car /public transport due to the high levels of pain and the anxiety i get with the increase of pain.

Nigrob

[Maurice]

Nigrob why dont you get your G P to write a support letter to the DWP at the end of the day its him who should know about the problems that you have

Mozza

[nigrob1965]

Hi Maurice , i have sent a letter from my GP giving a brief outline of my problems , this was sent with my last appeal request so i don't think it has been used as the decision has not been changed and i am having to go to tribunal. I did note though on one of the letters they sent it does say that the letter from my GP contradicts the Consultants.

Nigrob

[Maurice]

Nigrob my G P sent them a stern letter when i was reassessed i was on low rate care for 10 years and after receiving my G P letter they rang me up asked me a couple of questions and put me on high rate,i had been to two tribunals with the threat of loosing every thing now i get what i deserve

Mozza

[cruncher]

Hi,
On reading your note,GO FOR IT,YOU DESERVE HIGHER RATE.You are suffering very near identicle symtoms to me,and i can assure you it's not nice !!!! Get help from the CAB,they are very good at all these forms etc.
Just one thing, these symptoms will not get any better,only worse,sorry to say !!
All I can say to you is keep battling to get the higher rate,dont let it get you down,life's a sruggle without all this hassle.

[james333]

I have spinal stinosis, sactiac or howver itsspelt and atheritis and i have been applying for esa and currently trying to get DLA and they say cuase i can work i can't get Dla, but i have the exact same problems as you do mate but the problem is i am 24, i know the struggles you are gonig through every day mate and my spinal stenosis due to the pain i am in is causing me to be depressed and give me anger issues at times, they currently have me on paracetomel, iburofen and tremadol and they work about as well as a chocolate fireguard orwhen they do work they make the dizzyness work, i am struggling too buddy, they need to change the laws for people like us at least you have had your surgery they didnt even try it with mine when i was diganoised with this at the age of 11 and i have the rare birth defect version, i wish that thep ain would go away and i didnt have to be on drugs all my life and live a normal life like others do but it will never happen, let me know how to get on with your dla claim mate cause your concerns of this is whats stoppnig me from applying for dla cause im concerned the gp as lost my medical evidence like a prat and i am scared to death of fallnig over when walking and variosu other things but you know alla bout that, they even stopped my physiotherapy because they said it wasnt getting any better when i was diganoised with it, can someone please help me my email is james_Howard54@yahoo.com

Thankyou so much