help turned down at tribunal stage for DLA

HI everyone

this is my first post

up until earlier this week I had no idea that sites and forums like this exisited

to cut a long story short

my husband was seriously injured at work with poison/toxin inhalation 22 months ago

we have spent the last 22 months
a) fighting to try and find the right specialists to help him ( there are we now know very few specialists in the uk with Toxin/poisons knowledge)
b)to get him DLA to no avail

he has serios lung damage and serious breathing issues

he has damage to his small nerve Autonomic Nervous system that afects his blood pressure and heart palpitations

he has damage to the small perypheral nerves,that leave him with dificulty walking....not knowing hot from cold....so can scald himself.....he suffers agonising painful spasms...that I have to get up at least 3 times a night to give him medications and massage his spasmed legs and feet

he has now got Chronic fatigue Syndrome from the Toxin Damage

he has memory problems caused by the toxins

He is now depressed

yet we have been told that he cannot have DLA

Why?

and what do we do next?

do we go for "higher" Tribunal

or

do we start again

is there somewhere where we could go.....for them to help us to fill the forms in?

my husband has just been told that his breathing will never get better

his nervous sytem could take many many years for only a partial recovery

we are lost and upset

the tribunal threw us completely

it was held in a court house.where we had to sit with criminals awaiting trial......ans we where seen in a room with a judge, dr and another woman....who sat up on the benches and looked down on us

we felt as if we where criminals from beginning to end

yet we are asking for our rights.my husband has worked all of his life up until this dreeadful accident

he will never work again

sorry for the long story

I just wanted to give as full a picture as possible

cheers in adavance for all replies

migmogs

An appeal can be made to the Upper Tribunal, the details of which can be obtained from The Tribunals Service. . It would also be advisable for your husband to submit another claim for DLA pending any appeal to the UT.

Assistance may be available for an appeal from the Community Legal Service.

Crazydiamond wrote:

An appeal can be made to the Upper Tribunal, the details of which can be obtained from The Tribunals Service. . It would also be advisable for your husband to submit another claim for DLA pending any appeal to the UT.

Assistance may be available for an appeal from the Community Legal Service.

hi crazydiamond

thankyou for your responce

would we be better to go to higher tribunal than start again?

cheers

migmogs

hi crazy diamond

thank you for your reply

but are yuou saying

for us to go to a higher tribunal?

instead of starting over again?

this is allready our seccon atempt at trying get DLA

we feel like giving up

as it is hard enough trying to cope with my husbands illness and dissabilities as it is

without having to fight for assitance when we need it most

thanks

migmogs

I can't offer any legal or practical advice..but I can say don't give up. This is a great site with lots of practical help and support via the forums and guides. I would also say go to your CAB or get assistance from a welfare officer - usually employed by the local council. I'm awaiting a tribunal and still living in hope. I'm sure with the right help and guidance you will be able to fight this.

Dear mimogs,

I am having major hassle with DLA/ESA following Atos Healthcare "medical assessment" Try and enlist your MP now that they are back. My MP wrote a letter to DWP in Feb 2010 and still fighting both ESA and DLA on mental health matters

best of luck

rab