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Don't give up on DLA/PIP if you feel your entitled to these benefits

ZeezeeZeezee Posts: 77Member Talkative
I would like to thank Scope for the advice pages and all the people who have shared their experiences with the appeals and tribunal processes. I attended a tribunal after the DWP reduced my daughters DLA carer component because they awarded her the higher rate mobility and probably didn't want to pay the backdated payments so they reduced her carers from higher rate to middle rate and backdated the deductions. Then the tax credit reduced my disabled child premium from severe disabled child down to standard disabled child premium, and backdated that reduction also. Which dropped my payments from £152 a week to £3.24 a week. The actual reason they gave was that because my daughter had started taking Baclofen and in a report from her Paediatrician said that she had a good reaction to it and it improved her sleep for the first two weeks but then although her sleep was slightly better she still had significant sleep problems and was prescribed Melatonin although she was not in as much pain at night and her spasms during the day where a lot better and level of pain during the day was drastically reduced. Because of this report the DWP said that my daughter must be sleeping all night and no longer required any care during the night because if the Baclofen was no longer making her sleep then it would be discontinued. They would not listen to me telling them that Baclofen is not a sleep medication it was prescribed for muscle spasms and it was still working to reduce my childs muscle spasms therefore it will not be discontinued because it didn't make her sleep. Also Melatonin was prescribed to help my daughter sleep after the Baclofen but because the Melatonin didn't work that was discontinued. The DWP would not accept this at Mandatory reconsideration so I took it to Tribunal. I was only in the court for 10-15minutes before they asked me to wait outside for a couple of minutes. They then told me that my application had been successful and all money would be backdated. They also congratulated me on the obviously difficult and stressful job I do in caring for my daughter, and thanked me for attending as they knew it would have been difficult co-coordinating care for my daughter to enable me to attend court. They also apologised that I had been put in that position. It was.like they had already made the decision before I got there based on the information I had provided. It has been a long stressful process but well worth the effort in the end. I didn't get professional advice as I knew it was a straight forward case and anyone with a modicum of intelligence or medical knowledge would find in my favour. But if any of you are in the same situation please read the advice pages on here, get reports from your doctors/paediatrician/physiotherapist etc. and if your case is complex then ask CAB to help. But whatever you do DON'T give up. The DWP very often refuse appeals but once a case reaches Tribunal they are regularly won at Tribunal. It is a shame that the people who are genuinely entitled have to jump through all these hoops but such is life.I am now able to pay my rent arrears, gas bill and sky bill so I will have WiFi again shortly so I will be able to use my laptop instead of my phone to come on here 😁 I should be able to concentrate on caring for and enjoying my beautiful little princess now 💕💕💕 Good luck to anyone going through that process, and don't give up xxx

Replies

  • TopkittenTopkitten Posts: 734Member Chatterbox
    I know you mean well but you have a big advantage over some of us. You have a family around you and are caring for a child. In a similar situation I would move heaven and earth to help my children in any way I could. However, I am severely disabled both mentally and physically and I live alone. Just fighting to get through each day takes everything I have. Adding the pressure of justifying myself to others for problems no one else can see and with no witnesses to the difficulties I face every day to just keep going puts me into an impossible position. I find it hard just to make simple decisions, such as whether I risk suffering to prepare and eat a meal.

    I wish it was as simple to keep fighting the constant pressure but after years of struggling I have no energy to make the extra effort.

    TK
    I am here to kick ass and chew bubblegum... and I am all out of bubblegum -- They Live 80 something cult film.
  • ZeezeeZeezee Posts: 77Member Talkative
    Who said living alone with my four year old daughter translates too having a family around to support me??? I have not included the extreme and complex disabilities my daughter has, neither have I included the times I fall asleep when I am actually stood in my kitchen trying to make a brew because the exhaustion I experience is so extreme that I can fall asleep stirring boiling hot tea. A wise person on this site said 'hard is hard' everything is relative. At this moment in time I am feeling positive so I wanted to give a little support to anyone going through a similar situation and to let people know that it is possible to win your case. Neither did I say at any time that this process was simple. I was under the impression that one of the many great uses for this site was to support each other not to drag each other down because of unfounded assumptions about someone's life without adequate knowledge.
  • littleruthie123littleruthie123 Posts: 424Member Chatterbox
    Great result in the end for you sorry it was so stressful .I agree stick with your guns ☺
  • atlas46atlas46 Posts: 259Member Chatterbox
    Hi @Zeezee

    Great post and well done for getting the award for your "little princess".

    Best wishes
  • TopkittenTopkitten Posts: 734Member Chatterbox
    Please do not misunderstand me. A family can be as few as 2 but is not the same as suffering alone. I find it much easier to fight and to consider to fight on the few occasions my son or daughter visit me because their presence makes me feel a part of the world again. If I was trying to help them, whether they lived with me or not, I would go to the ends of the earth to help them because that is what we do for our children. I am sure you go through a great deal and would willingly go through much more if that meant you could help your daughter more.

    What I am trying to point out that just living alone can be soul destroying in the current system. There are many tales of elderly people suffering even though being reasonably healthy and amongst younger people MH issues are becoming an almost automatic thing when people get so isolated. To do this and also try to cope with a severe disability simply cannot be described to those who are not in the same position.

    My eldest daughter has 2 children and I know what she goes through and I marvel at her ability to keep going and all three of them are healthy. I cannot comprehend what you go through as I am not in your position but the simple fact is that you have family with you even though that is only your daughter. Why do you think a lot of people living alone have pets? It is just so that they do not feel so alone when there is a living breathing being in the same place. Tbh I often wish I could look after a pet as it would probably help me.

    However, whilst I cannot comprehend what you go through you DO have someone else around. You DO have someone to take responsibility for, someone who you have to have a routine for, something easily lost when living alone especially if disabled. Also, you are healthy and able to go out. You may even have friends or relatives who visit you or perhaps you can go to see. Maybe it is too difficult for you but at least, under the right circumstances, you could.

    It is like trying to explain the difference between black and white to a person who has been blind since birth.

    I know you meant what you said sincerely and applaud you for it but I have seen too many people here who are in the same position as myself who simply cannot fight any longer and have given up. Perhaps your sentiment will help some but I know that a lot like me will not see it in the same way.

    If I offended you in any way the please accept my apology.

    TK
    I am here to kick ass and chew bubblegum... and I am all out of bubblegum -- They Live 80 something cult film.
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