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I'm Back For More Help Please....
- Tracy A
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My main reason for posting today is about my partner..
His health is very poor, Heart failure, has had three heart attacks, the last in June 2009, he applied for ESA and was sent for a medical which he was awarded only 6 points, was found fit for work and told to sign on for JSA, we appeaked this and also applied for DLA in August 2009, this was also turned down, and an appeal lodged.
Well he has now recieved his 3rd Tribuneral hearing the last two cancelled at the end of last year.
Since the applications for ESA and Dla, his condition has worsen't he now has Angina and severe sleep apneoa, his heart is functioning on 35%, he is virtually housebound has any walking causes severe chest pains and he needs a spray,he has also has an ICD fitted (Diffribulator) in his chest as his consultant said without it he is a walking timebomb.
I am so nervous that he wont be succesful at his appeal..he now has a home visit from the local heart NHS nurse rather than him have to attend hospital.
I am wondering if I as his carer can add any information about him to his appeal papers before the hearing or if the heart nurse can give him a letter about his current health seeings as it is now worse than when he applied two years ago?
19 Months of waiting for an appeal has taken it's toll....
This site helped me 3 years back and I no it will be valuable with the upcoming appeal.
Sorry this posting is so long.
Regards Tracy A
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- Gordon
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Unfortunately the Tribunal can only consider evidence that is relevant to the date of the ESA or DLA Decision you appealed, so your husbands worsened condition cannot be taken into account.
However, as you have waited more than six months for your ESA Tribunal, you can submit a second ESA claim, based on your husbands condition as it is now. This would run in parallel with your Tribunal but still be seperate from it.
Given the timescale I believe you could similarily submit a new claim for DLA, which would also run alongside your appeal.
Have you sought help from a professional advisor at the CAB or Welfare Rights as they may be able to assist you with these.
Hope this helps
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Tracy A
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Yes we have had help from Community legal advice, he has helped getting all the paper work in order, the DWP's paper work has been a catalogue of errors.
I beleieve we will be asked for a list of medication at the hearing, this will include the meds for my partners angina and I know the Legal advisor has mentioned in his paper work that he know has angina and severe sleep apneoa...
It's all such a worry, the sick are getting such unfair treatment these days..
Tracy.
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- originaldave
you talk of 35% heart function ? is that blood function or muscle left ? and have you a report with that on because its possible that was the condition of the heart back when you first claimed and would do no harm and could help your case if given to the tribunal as if I was in your postion I would claim the report explains why he did have heart attacks and is now so sick
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- Tracy A
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My partner was told 1/3rd of his heart muscle has died, not sure if we have it in writing, (have so much paperwork) However he was told this back in 2009, he also had the Diffribulator fitted in 2009 after his 3rd heart attack, he has been using the nagina spray since 2009 so although it has only been mentioned about the angina as the heart cindition has gotten worse. I will go through paperwork over the next couple of days to check what is what....
His blood flow function was 35% 3 months ago he has another untra sound scan on 20th June to see how the heart is now functioning.
I was reading up that as his carer I can be there as a witness, is this a good idea or bad do you think? My partner tends to miss things out when he goes for check ups and I do tend to talk for him filling in gaps..I know this is something I wont be able to do, But I see his suffering and know how every day sat in a chair affects him, going to the bathroom leaves him breathless and in pain and the bathroom is 12 steps away from his chair....
I am so exhausted with it all...
Many thanks
Tracy.
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- originaldave
Thank you for your reply.
My partner was told 1/3rd of his heart muscle has died, not sure if we have it in writing, (have so much paperwork) However he was told this back in 2009, he also had the Diffribulator fitted in 2009 after his 3rd heart attack, he has been using the nagina spray since 2009 so although it has only been mentioned about the angina as the heart cindition has gotten worse. I will go through paperwork over the next couple of days to check what is what....
His blood flow function was 35% 3 months ago he has another untra sound scan on 20th June to see how the heart is now functioning.
I was reading up that as his carer I can be there as a witness, is this a good idea or bad do you think? My partner tends to miss things out when he goes for check ups and I do tend to talk for him filling in gaps..I know this is something I wont be able to do, But I see his suffering and know how every day sat in a chair affects him, going to the bathroom leaves him breathless and in pain and the bathroom is 12 steps away from his chair....
I am so exhausted with it all...
Many thanks
Tracy.
So from what you put he has lost a third of the muscle and it now means he only has 35% blood flow the report with that on would be a BIG help make sure the written reports with that on are part of your case notes
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