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Supersession FAILED despite help from this site

  • KittyKat
  • Topic Author
13 years 5 months ago #32534 by KittyKat
I have suffered from fibromyalgia and mental illness due to abuse for many years. In 2008 I was awarded Middle Rate Care and Low Rate Mobility. I began to get chest pains and breathlessness in 2009. In May 2010 I had a suspected heart attack. I was diagnosed with Unstable Angina. This means I have angina attacks whilst sleeping/resting/doing nothing. By that time, unable to walk more than a few yards before becoming breathless and getting chest pain, and even suffering attacks whilst sitting still, on advice from both my CPN and Occupational Therapist, I applied on 6 September to have the decision looked at again with a view to having the Mobility portion of my claim increased.
I used ALL the information and tips on this site and had a lot of help, both from Mental Health Services AND (I thought) my GP.
Today I received notification that my benefit will remain the same BUT that I am only entitled to the benefit until 5/5/2011 -- when I will have to make a new claim.
Absolutely gutted. I cannot walk more than a few yards and so am virtually housebound all the time. Add to that my mental health problems, which mean I cannot sleep or manage being alone at all and I am a wreck ... a shadow of a human being.
I really don't know if I dare to appeal against the decision in case I lose what I already have ... which is what the DLA are telling me.
Since I was awarded Middle Rate Care just on the strength of Fibromyalgia and Mental Health Issues, how can the onset of Unstable Angina make no difference to my needs? One of the many problems is that the various heart tests the hospital and GP wish to do cannot be done because of various phobias of mine which prevent me having the tests.
It seems I shall simply have to be grateful for what I have a resign myself to a life stuck in the house. :unsure:

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  • originaldave
13 years 5 months ago #32544 by originaldave
Replied by originaldave on topic Re:Supersession FAILED despite help from this site
KittyKat wrote:

I have suffered from fibromyalgia and mental illness due to abuse for many years. In 2008 I was awarded Middle Rate Care and Low Rate Mobility. I began to get chest pains and breathlessness in 2009. In May 2010 I had a suspected heart attack. I was diagnosed with Unstable Angina. This means I have angina attacks whilst sleeping/resting/doing nothing. By that time, unable to walk more than a few yards before becoming breathless and getting chest pain, and even suffering attacks whilst sitting still, on advice from both my CPN and Occupational Therapist, I applied on 6 September to have the decision looked at again with a view to having the Mobility portion of my claim increased.
I used ALL the information and tips on this site and had a lot of help, both from Mental Health Services AND (I thought) my GP.
Today I received notification that my benefit will remain the same BUT that I am only entitled to the benefit until 5/5/2011 -- when I will have to make a new claim.
Absolutely gutted. I cannot walk more than a few yards and so am virtually housebound all the time. Add to that my mental health problems, which mean I cannot sleep or manage being alone at all and I am a wreck ... a shadow of a human being.
I really don't know if I dare to appeal against the decision in case I lose what I already have ... which is what the DLA are telling me.
Since I was awarded Middle Rate Care just on the strength of Fibromyalgia and Mental Health Issues, how can the onset of Unstable Angina make no difference to my needs? One of the many problems is that the various heart tests the hospital and GP wish to do cannot be done because of various phobias of mine which prevent me having the tests.
It seems I shall simply have to be grateful for what I have a resign myself to a life stuck in the house. :unsure:



as its unstable angina it might stop being unstable and so they would want to look at in again, as you say it was a suspected heart attack but tests have shown it not to be .(as you say its unstable angina)...people waiting bypass and new valves find it hard to get mobility too the result is not right as you could be at risk of harm by walking but they would need the test restults you have not had, for example stress ecg angiogram to know better if you could get help with walking

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13 years 5 months ago #32564 by Gordon
Kittykat

I think your first step should be to apply for a Statement Of Reasons from the tribunal judge, this will explain the basis on which they made their decision.

Perhaps a Moderator will correct me if I am wrong, but I do not believe you can appeal a tribunal decision unless there has been a failure to apply the law correctly, which is where the SOR comes in.

Please come back for more advice when you are in a position to.

Stephen

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • KittyKat
  • Topic Author
13 years 5 months ago #32585 by KittyKat
Thanks, Stephen, but this was not a tribunal. This was informing the DLA that my health had got worse and asking them to look again at the amount awarded for mobility. Despite the onset of Unstable Angina and an inability to walk more than 10 metres without an attack, mobility remains on the low rate. They also advise they are stopping benefit on 5th May 2011.

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  • Survivor
13 years 5 months ago #32593 by Survivor
You could appeal, but as you know, you always run the risk of losing what you already have.

You should get a renewal form in plenty of time before May 2011 and then you will be able to put your case again for a higher rate.

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  • millymoo
13 years 5 months ago #32644 by millymoo
Hi

Was your DLA due to be reviewed in May 2011 or is this just a date that they have given you? I really know ow you feel as i was on MRC and following review they increased it to HRC, but it is the mobility side of it that i needed but have not been awarded anything despite having severe mobility problems. Same as you i am scared of losing what i have got.

I have had a blue badge for the last 3 years but that ended in Oct 2010 and because i wasnt on HRM i had to go for assessment. I failed the assessment but appealled the decision and today i have had a letter back telling me they are now allowing me my blue badge again for 3 years. I had nothing to lose and it has paid off on this occasion. But i know with DLA it could have a negative effect financially appealing. Its so sad that it is coming to this.

Good luck!!

Mm :)

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