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Thread: Hi, I am desperate for DLA tribunal help x

  1. #1

    Hi, I am desperate for DLA tribunal help x

    Hi Everyone
    My name is Susie and I have gone through the mill over the last four years!
    I will give you a basic rundown and if anyone has any advice I would be so grateful.

    Ok
    1. Got awarded DLA HR Mob and I think LR care in 2006. I saw their Dr who said yes he agreed basically that that was the level of DLA I needed.
    2. I was civil servant and due to marital break up I moved in with my mum but she could not cope with my care needs. My ex offered me and our son his spare rooms.
    3. I hated the benefit processing of JSA, I disagreed with it in so many respects. The main issue was they wanted me to bang through the claims without checking them properly and relying that those who had had it before me had done it correctly. I could not put my name to a claim unless I was sure it was right so I was reasonably unpopular with management. I got bullied by a senior manager and had a breakdown. Nobody there understood my health issues or to be honest gave a sh!t.
    4. So I moved home to leeds and had a 75 mile round trip to work each day. I asked for a transfer but the said tough wait til one comes up. Was really distressed and GP gave me a fit note stating fit for work but could not work as they had failed to make reasonable adjustments. Poop hit the fan sent home on disability leave then job found locally for me.
    5. I have had issues with paranoia but I was certain I was being followed. Caught one guy follow me from my sons school go through a red light to stay with me then vanished when I got to my destination. Came out to go home before work and within seconds he was behind me again. He went straight on when I turned into my street but some minutes later I heard a car looked round and it was him. Freaked out went to work, they made me call the police.
    6. Now ultra alert I caught a different car following me several times and would pull over pretending to answer my phone etc. Culminated in me driving my car bumper to bumper and them saying they were DWP and they were looking at me for DLA fraud! Was gobsmacked swore at them and the a few weeks later went to interview under caution.
    7. Saw it through appeal etc and went to 1st tier tribunal. Judge was an absolute Bstard.
    8. Appealed to upper tier tribunal and in the meantime I got sacked from DWP based on that outcome.
    9. Upper tier judge found 34 errors in law said he had never seen a case like it and ordered another 1st tier.

    SO that was 2010 it started this current tribunal is adjourned as I have asked and asked for their witnesses to be there for me to question, they had 3 and only 2 turned up :0/

    Their 2 witnesses were terrible couldn't remember anything contradicted them selves lots.

    Followed from July 10 to November 10 when I caught them.

    Filmed me 6 times in total doing nothing more than steady walking into work etc,

    I wanted to ask a few questions

    1. The DVD has no timings or dates at all. They turn it off when I rest to make it look like it was continuous. so much blank space on the DVD it bulks it up by 50%. Should it not have timings dates etc??

    2. Filmed me they say 17 seperate times but as I say there only 6 days in total. Can I do anything about that? plus days were all fine sunny days too.

    3. Just any help would be fab as I am entitled. I have an MRI scan showing the damage to my back.
    I supplied GP print outs which say severe degenerative spondylosis in L4/5 and L5 s1.
    Subacromial bursitis in my shoulder.
    Bladder incontinence due to spine (waiting for decision on what they are going to do now)
    Navicullar fracture of right foot due to falling off my stair lift! This has been operated on to remove section of bone but still agonising so looking at fusing it.
    Anxiety and depression on and off for 24 years. Severe since 2010.

    I go back on the 19th of this month and I need help please as to how I wrap things up. If i lose there is zero point me living.

    Am on ESA support but they are taking £30 per week off for the over payment of DLA so I am desperately short of money.

    On top of all that when my care component stopped as my ex owns a house 35 miles away and works in leeds I offered him frr room and board in exchange for caring for me. In january last year they paid HB & CTB for me but have reused to do it this time insisting I must have the care component of DLA even though their guidance allows discretion.

    I am 5K behind on rent and the council are threatening eviction. I have bailiffs at my foor for council tax and if wasn't for my kids I would already have taken my life as it is not worth going on. Have sold almost everything I own so my house is really bare and I have lost the jewellery my gran left me etc.

    Lastly the bailiff is threatening to take my exs car which is nothing to do with me at all. I dont drive it and am unable to drive at the moment anyway. Can he take it? He says he can as it is registered to my address.

    Apologies for the tome and thank you for reading it.

    Kindest regards
    Susie

    PS every time I have been at tribunal every person who has been in the waiting room appealing ESA not DLA has won and I must have seen 20+

  2. #2

    Deductions from ESA

    Hi All

    I am getting ESA IB as I have just this week exhausted my conts based. I am on the support side.

    I am having £27.19 taken from my ESA to pay back over payment of DLA which the tribunal process has not yet decided.

    Can they take so much as I am desperate and having to make hard decisions around what I can cut each week. I am spiralling further and further down.

    Susie
    x

  3. #3

    So sorry giddy I found this forum and questions are pinging randomly into my brain x

    The judge has asked questions like - what makes it worse what makes it better - nothing makes it better but bending kills me.
    Also they have asked how my mood affects me and what difference it makes. This was because when I finally got out of my nightmare job and got a transfer my head felt so much better.
    I am just at a loss for the right words as I struggle to speak never mind using descriptive words.
    Thank you
    Susie

  4. #4
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    losingwilltolive, it sounds to me like you have a case for contructive dismissal OR disability discrimination with your employer? How long is it since you left your employments? Is it within 3 months?

  5. #5
    Senior Member mikeydt1's Avatar
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    one part of the problem here is also the debt which you have built up so you do urgently need to call in to a CAB office to get some debt management going, make sure to take all documents with you when you go. sooner this is sorted the better you can then deal with your other problems.

  6. #6
    Hi Karen
    Thanks for your comments.
    I had an employment tribunal and the judge was sitting in chambers on his own on the 13th of August. The judge was fantastic and if he says I lose I believe that legally he would make the right decision. He was straight down the line and honest.

    Hi Mikey
    The CAB were helping me with my DLA but the change in legal aid meant it stopped.
    I know if I win there will be no debt and I will be in credit with my rent and council tax it is just the now thats the problem.
    I really need to know if they are allowed to take £27 off my ESA? It means I am crippled financially.

    Thanks both of you xx

  7. #7
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    Quote Originally Posted by losingwilltolive View Post
    Hi Karen
    Thanks for your comments.
    I had an employment tribunal and the judge was sitting in chambers on his own on the 13th of August. The judge was fantastic and if he says I lose I believe that legally he would make the right decision. He was straight down the line and honest.

    Hi Mikey
    The CAB were helping me with my DLA but the change in legal aid meant it stopped.
    I know if I win there will be no debt and I will be in credit with my rent and council tax it is just the now thats the problem.
    I really need to know if they are allowed to take £27 off my ESA? It means I am crippled financially.

    Thanks both of you xx
    So re you saying that your case was a case management discussion at the employment tribunal or a pre hearing review and it was thrown out?

    I would certainly carry on the case if you can as you had no choice but to leave work as you were being bullied into not doing your job correctly it seems and also the fact you had a stress related illness from this treatment.

    DId you have any legal advise on this employment issue?

  8. #8
    Hi Karen
    I got zero advice my union refused to help as I was so distressed I didn't appeal to work 1st but went straight to tribunal as didn't realise the proper procedure.

    DWP tried to get it thrown out but the judge put my case through with no bond or whatever they take your money for?

    I think I have a more than 50/50 chance of winning that one.

    Have just called ESA deductions are now on for council tax so the bailiff for that is off my back thank goodness. They have reduced it down to £10.20 per week which is great.

    DWP dismissed me after 11 years, what made me laugh is in the dismissal letter they say we have taken you exemplary record into consideration" They obviously didn't!

    Thanks for your help
    Susie xx

  9. #9
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    Hi again Suzie,

    So your employment case is ongoing then is it? That's good if it is. If it was a pre hearing review that took place in August, then it could have been thrown out at the time IF the judge thought it did not have merit but if it was a case management discussion then this is just to enable the judge to see how to proceed with the case and then perhaps go on to a pre hearing review. Of course the DWP are going to try to get it thrown out but if you feel you have a case then DO NOT GIVE UP. As long as you made an appeal to work (better late than never) then perhaps the judge would look sympathetic at this in that you were just too ill to deal with anything. As you were dismissed it sounds like you have a case for either disability discrimination or unfair dismissal perhaps (or both) and harassment if you feel you were harassed and by what you are saying about them asking you to not look into peoples claims properly it sounds like you have case of this.

    DO you have any house insurance with legal advice attached to it? Sometimes they will take the case on or again the citizens advice will point you in the right direction there.

    I am glad you have got the bailiffs off your back for the council tax. That is one bill that you need to keep paying. I think you really need some debt advice from the citizens advice perhaps. I am not a big fan of them TBH for personal reasons but lots say they help in cases like yours.

    Good luck. x

  10. #10
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    I found this very difficult to follow and I do not wish to get drawn into a statement of facts.

    This does not matter about proving your medical condition it does not really concern them, everyone knows it's not the condition but the way that condition affects your every day life.

    This is what it all boils down to, DLA mobility have you walked 50mtrs and 150mtrs at what they state is a reasonable time period.

    You state you walked at a steady pace since I cannot see it I do not know, but they will now check to see if you walked 50mtrs and how long it took same for 150mtrs.

    It's a shame you did not use a walking stick because that would have ended the claim against you really or crutches, since you would have used a walking aid.

    Your going to have to counter what ever they state sadly if they filmed you over a long period it does not matter if the days are warm or sunny. This will come down to simply them looking at the film and whether you walked normal or not.

    I wish you the very best.

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