how long

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lew247

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how long

  • on: 17 Jul 2012 06:53AM
I have an appeal coming up next month and I have a suspicion it may be turned down in which case I'd lose the lower rate mobiliuty and care which I already have
IF it is refused/cancelled how long after the notification before I can start a fresh claim?

KizzyKazaer

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Re: how long

  • on: 17 Jul 2012 09:18AM
Hi lew247

If you receive a 'nil' award on both components, make a fresh claim straight away on the day that you receive the tribunal's decision, as - assuming your conditions have not changed - you will already have served the 3-month waiting period.

This is a worst-case scenario you are thinking of, though - you've not even had the hearing yet.  Have you obtained some medical evidence to support your appeal?


lew247

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Re: how long

  • on: 17 Jul 2012 09:54AM
That's the problem
My doctors is worse than useless, ALL I got off them was a list of things wrong with me
They wont put how it affects my life such as not being able to get in a bath on my own, or having to have someone with me when im out anywhere  Or even how far I can walk because
In the doctors own words "I haven't seen how it affects you so I can't write it down"

lew247

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Re: how long

  • on: 17 Jul 2012 10:25AM
I guess its easier to explain the circumstances
I had DVT twice in 2004/5 and in 2007 I was in a coma for ages with multiple cerebral abscesses
If I hadn't been transferred to the Neuro hospital I wouldnt be here now a\s Tameside hospital had signed a "DNAR" notice and put it in my file
The reason being "his brain was so swollen that even if he recovered his quality of life wouldn't be worth living!

Anyway to cut a long story short I had a brain biopsy and very strong antibiotics, woke out of the coma and started recovering, I was a terrible patient every day and several times a day saying I wanted to go home (I had no idea at the time I couldn't even walk)

Eventually they let me home and I was on IV antibiotics with a PIC line into my heart, I was on this for about 5 months.

The onl;y things wrong with me now are I have trouble walking at times, but quite often (mostly) I cant walk more than a few metres before I get severe chest pains and breathlessness and pains in my upper back as well as leg
I also have memory problems and I cant cook because of this, I almost burnt the place down 3 times so far trying - I put things on to cook and forget they are on.
I have problems getting in and out of a bath and have bowel incontinence as well which is a nightmare, especially on a bad day when I can barely move

I was with my doctor from 2002 to 2009 and I changed because of arguments with 2 of the docs who just ignored whatever I told them, but the good part of that doctors was I had full online access to my medical records
Anyway I changed doctors and in 2011 I claimed DLA again (dont ask about the first time it was a fiasco)
I got lower rate care and mobility after about 3 months and in the meantime I changed back to my original doctors surgery as the 2 docs I hated had left and moved on, I now have full online access to my medical records again.

I appealed the decision and got a copy of the form the doctor filled in, he basically said some of the things that was wrong with me but nothing about how it affects me - they never could understand how I was so bad as I always look normal whenever I see the doc (mainly because I wont go out unless I have to, and the only time I can get to the doc is on good days.

The new doc wrote me a letter stating the list of things wrong with me and the medication but completely messed it up by saying I'd been with the surgery since 2009
So it makes me look like a complete fool especially when the tribunal knows that I wasnt with that doc then.

I had the appeal about 6 weeks ago, walked in and they told me that I should seriously consider postponing it till a later date and get representation as they could remove any award |I already have and I agreed, they then gave me a letter telling me to seriously consider if I want to continue with the appeal or not as they can remove any award as well as grant a higher rate

I knew this, and I am 100% confident I am entitled to a minumum of the lower rate care due to not being able to cook a meal, and the lower rate mobility as I need someone with me when I go places I dont know
However I am also almost as certain that I am entitled to the higher rate mobility and possibly middle rate care but going by the warning they gave me I am pretty certain that If I attend without a better letter from the doc than they will remove what I have already.

Hope that made sense
Lewis

seegee

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Re: how long

  • on: 17 Jul 2012 01:23PM
lew247,
I'm guessing from your previous post that you are not too far from Manchester.  If you have got someone to help with your appeal, that's good, if you haven't BASIC (Brain & Spinal Injury Centre) may be able to help...
If you need to talk to someone who knows about the effects of brain injuries (fatigue, memory problems, cognitive changes...) and/ or who may be able to help with your appeal, it may well be worthwhile getting in touch with these people http://www.basiccharity.org.uk/ - it's a charity based in Eccles (near to Salford Royal/ Hope Hospital) that specialises in helping people with brain or spinal injuries.  They have people who help with benefit applications, etc. and are likely to be able to give advice & support.  They do lots of other things too, but this seems most urgent right now.

BASIC is affiliated to the Greater Manchester Neuroscience Centre at Hope Hospital.
BASIC (Brain and Spinal Injury Centre), 554 Eccles New Road, Salford, M5 5AP. Reg. charity No 518806.
Tel: 0161 707 6441  |  Fax: 0161 241 5334  |   enquiries@basiccharity.org.uk   |
« Last Edit: 17 Jul 2012 08:25PM by seegee »

Sofie

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Re: how long

  • on: 17 Jul 2012 04:54PM
You need to make an appointment with your GP and explain all your problems.

Monic1511

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Re: how long

  • on: 17 Jul 2012 07:55PM
Hi Lewis
First you need to try & get representation - most agencies need 4 weeks notice so don't delay please as judges are refusing postponements and you have already had one to get representation.

If the tribunal makes its decision and you don't agree you need to request a "statement of reasons" in writing.  this is the document showing how the tribunal came to its decision. "statement of reasons" need to be requested within 28 days of the tribunal.  You then need to find an "error in law" - not as a client said recently "heres the SOR they are just calling me a liar!!!" 

If you think you can meet the "Frequent & substantial care in connection with their bodily functions" criteria then its up to you if you want to risk your current awards.  Read what the docs have written and make notes on what is wrong & then go & have a polite meeting with the GP & explain you are disappointed that he has not highlighted these needs - he might say he never knew you had them but fighting with GP's is a waste of time.

As for making a new calim - yes you can make one straight away but in my experience its likely to fail unless you have had a substantial detioration.   DWP will look back & go - oh he was told last month he didn't meet the criteria so nothing much will have changed so its a nil award again,  we used to advise waiting 6 months and in that time prep the doctors, keep a diary & then you can do a fresh claim without the old one influencing things.

Monic

seegee

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Re: how long

  • on: 17 Jul 2012 08:24PM
I meant to add that BASIC do support people with benefit claims including dealing with the paperwork, etc. and accompanying people to assessments if needed. 
Anyone who has/ has had any kind of brain condition can get (free) help with stuff like that from them, so if you don't have help/ representation it may well be that they can help.
Worth contacting them unless you feel that you have all the support & advice you could possibly need.

KizzyKazaer

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Re: how long

  • on: 17 Jul 2012 08:32PM
As for making a new calim - yes you can make one straight away but in my experience its likely to fail unless you have had a substantial detioration.   DWP will look back & go - oh he was told last month he didn't meet the criteria so nothing much will have changed so its a nil award again,  we used to advise waiting 6 months and in that time prep the doctors, keep a diary & then you can do a fresh claim without the old one influencing things.

That's useful, Monic - thanks for that, will file away for future reference  >tah<

Lew - I didn't mention that if a tribunal turns down an appeal, there is a 'higher tier' it can go to - the Social Security Commissioners; but that's quite a process, so cross each bridge as you come to it!

devine63

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Re: how long

  • on: 17 Jul 2012 10:30PM
Hi Lew

maybe you can help your doctor, write him a letter to put on your file, so that next time he is asked to write a report he has your information to hand.   Take the list of conditions he wrote, and, one at a time, write down the effects each one has on your daily life - describe good days and bad days and say how often good/bad days occur.  If you have a wife / partner who can confirm, so much the better (evidence is not only from your doctor, it can be spouse).

If you can get help from BASIC, that's great...
regards, deb