#11
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Appeal was refused

I sat there for an hour and told them how bad he is, about his medication, that we had a diagnosis but they made their decision based on the original claim from from oct 2009

I am so angry and upset-what was the point of me even going if they werent going to take into consideration how bad he's got since the original claim

The clerk on the way out said i should make another claim but whats the point?
#12
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(05-17-2011, 03:20 PM)loussie2 Wrote:
(04-24-2011, 10:28 AM)loussie2 Wrote: Hi all

I have an oral hearing appeal on 18th may. I would really appreciate any advice or peoples experiences on the oral hearing process.

This dla claim/appeal/tribunal has been going on since Oct 09 and i really dont want to mess up at the hearing

Many thanks
Louise x

Hearing is tomorrow at 10am. I am really worried and nervous. Not a clue what to expect or what to say. I'm sure i'm going to blow it. Please would you be so kind as to keep your fingers crossed for me?

many thanks

Louise xx

good luck, is anyone going with you
#13
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Hi
Sorry to hear this, it sounds awful for you. I thought you would get it no problem with new evidence, etc. But if i was you i would put in a new claim as they have only considered the evidence from the previous application. As you now have a diagnosis and more evidence etc then they should treat it as a new claim and consider it all properly as they haven't looked at the new evidence yet.
Jayne xx
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(05-18-2011, 11:56 AM)getthekettleon Wrote: Hi
Sorry to hear this, it sounds awful for you. I thought you would get it no problem with new evidence, etc. But if i was you i would put in a new claim as they have only considered the evidence from the previous application. As you now have a diagnosis and more evidence etc then they should treat it as a new claim and consider it all properly as they haven't looked at the new evidence yet.
Jayne xx

The whole process this morning has left me very down. I found the whole thing degrading and distressing. I was cross questioned quite severely-it was clear they were trying to trip me up To sit and talk about my son and my family life to three complete strangers had me close to tears, and all for nothing. What was the point in asking all about his behaviour now if they had no intention of taking anything after oct 2009 into consideration? They really grilled me on his daily life, what he ate, what was he like at school. They had clear evidence but chose to ignore it. i cant see the point of any of today. They were insistent i attend an oral hearing but all they basically did was just judge it on a claim form i filled in 2yrs ago. They didnt need to drag me in and interrogate me for an hour to do that.

It was a complete waste of time and money and I have had a severe headache all day because of it.
#15
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How frustrating Exclamation
In regards to them considering what was done in the application it does seem they did follow the legal standard in which they are considering the appeal and on what grounds it was turned down and cant be seen to basing it on newer evidence of any kind.
Nothing stops you now putting in a new claim and if you need any assistance with the claim form and the wording i would be happy to help Smile
More often than not a person gets turned down simply on choice of wording for example:

Joe Bloggs needs his nappy changing lots throughout the day and night.....
Becomes more effective when worded:

Joe Bloggs needs frequent changing both throughout the day and night and in a typical day we can expect to change him X times and when changing this can take upto xxx minutes due to.......
In terms of the night time changing Joe Bloggs on a typical evening will require X changes and this can cause......

It is very important to fill in as much detail as possible as the claim form is a small snapshot of your childs life and how things impact on them.

As i said im happy to help you out if needed Smile

Im sorry today didnt go well and all i can really say is if you know your child better than them dont give up fighting this.
But for this evening try and put it at the back of your mind and recharge your batteries before the battle recommences Blush
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