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Lost DLA appeal...what next? I'm not giving up!!!

  • peachypoo
  • Topic Author
13 years 9 months ago #46196 by peachypoo
Hi everyone!

This is my first ever post, so please excuse me if this question has already been asked and answered!
I had my DLA tribunal just over a week ago, and I lost, even though my rep thought I'd at least get high mobility and low care. My mom came with me to answer any questions about how she helps me with personal care, amongst other things. Plus I had someone representing me.
I have multiple sclerosis and fibromyalgia. The fibro causes me chronic, moderate pain ALL the time. The rest of my disabling symptoms are MS related, which also includes excrutiating bone pain and back spasms. It'd take all night to explain everything, but I basically walk approx 15 metres before I can't carry on. The pain is so excruciating I start sweating, shaking, and I just feel like I'm going to drop onthe floor, as I can't hold myself up (this is caused by the muscle spasms). I also need help through the night with toileting, but not all night. The beginning of the night is ok, but it's when I've been asleep a few hours, parts of me stiffen up, so I have trouble walking, and also using my hands.

So, as a result of my ms, my congnitive function isnt as sharp as it was, and I rely heavily on writing things down, and reminders on my phone. I also have trouble remembering words, and explaining things. I get all muddled up, and what I want to say just won't come out right. And when my fatigue gets worse, and pain also, the muddling up and concentration get worse too. So, you cab imagine what I was like in the tribunal, and then they told me I couldn't use my notes to refer to, so I kept getting things wrong, and forgetting major things. And I couldn't explain things, so I think they got fed up and moved on.

Basically, we just can't understand how they can say I'm not entitled to mobility, when I couldn't even walk 5 meters without severe pain and discomfort. And also that um not entitled to care, when my mom has to help me with my personal care!!
I have a little girl who's just turned 3, and according to my rep, it has something to do with the fact that I can look after her. There was a woman on tv, she had no arms or legs.....but she managed to look after her baby, and bring him up on her own. So, what on earth has making sure that when my mom doesn't cook for us, the ready meals I buy my daughter are healthy.....or, sitting in a chair, and interacting with her and reading etc......or making sure she has nice clothes on, and is always dressed.....what have they got to do with the fact that I can't walk or wash myself???

It's taken me over a week before I could post this, because the stress and upset it's caused me is terrible. And, having MS means I should avoid stress as it can trigger relapses. So, not relapse (thank god), but my long term symptoms are worse. I don't understand how they can do this to someone who more than qualifys for it, and it's not as if I'm going to improve....MS is a progressive, degenerative disease!!!!

So, I've requested a written report, so I can then appeal again. As I feel I'm more than entitled to DLA, and I need the money to buy mobility aids. Has anyone out there gone through this process? I'd really like some advice if possible, and I need to know what happens when you appeal again. I'm so worn out, 13 months of fighting and worry, and I've got more to come. It's just devastating me.

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  • originaldave
13 years 9 months ago #46201 by originaldave
Replied by originaldave on topic Re:Lost DLA appeal...what next? I'm not giving up!!!
How long have you have had MS ? and what stage are you ? That would be taken into account .....

I think your right about the little girl too .... also knowing this lot at ATOS and the DWP if you have had MS longer than your daughter the fact you went term and delivered means to them your ok :( IMO

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13 years 9 months ago #46210 by cdcdi1911
Hi Peachypoo

I'm afraid appealing to the Upper Tribunal is usually a lengthy process, but hopefully your rep will take care of the process.

First, you have to wait for the Statement of Reasons from the First-Tier Tribunal, which can take a couple of months.

Then you have to apply to the FtT for permission to appeal to the UT, laying out your grounds of appeal.

If the FtT refuse permission to appeal (they often do for no reason), then you apply to the UT for permission to appeal and the UT can decide that you have a case and give permission. After that, and after both sides have made written submissions, it may still be several months before a decision is made, depending on the workload and complexity of the case.

I'm currently appealing to the UT on a decision almost two years ago and I agree with you that you should not give up.

Good luck

Derek

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