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Blue Badge Application Rejected

46 replies

MashedPotatoBrainz · 23/04/2020 13:19

I'm absolutely devastated and can't stop crying at what feels like the theft of my independence. I have hypermobility in my hips and fibromyalgia and have had a blue badge for 20 years. But they've just rejected my renewal because my medical report says I can walk more than 100 m.

It's true, I can go more than 100 m but not without pain, and the further I go the less I'll be able to go later. If I go shopping I have to use a rollator and can cope with going round 4-6 shops max. But if I do that I will pay later. The next day I won't be able to leave the house and will struggle to get to the bathroom without help.

On family days out I have to use a wheelchair or I can't go.

But the real kicker is they've made the decision based on a mediscal report which is pretty much word for word the same as the previous ones. So nothing has changed in my condition and nothing has changed in my doctor's report of my condition.

Everything feels just so hopeless now.

OP posts:
MashedPotatoBrainz · 24/04/2020 16:27

Is this better?

Dear Sir or Madam

RE:Renewable of disabled parking permit decision

I would like to appeal against the decision to reject my application to renew my disabled parking permit as I feel that a mistake has been made. I have had a disabled parking permit for more than 20 years because of my disabiltiy. This was my fifth renewal application and I have never had any problems in the past. My condition has not changed and this decision was based on the same medical report as my previous successful renewal.

My application has been rejected on the basis that the medical report says that I can walk more than 100 m, but what hasn't been taken into account this time is the pain this causes me. I have fibromyalgia, hypermobility in my hips, and trochanteric bursitis and I cannot walk without pain which escalates very quickly to unbearable levels. I cannot push through the pain because this will completely incapacitate me later. i already do not go out as often as I want to because I cannot cope with the pain and I already struggle to walk at all in the evenings and have days where I am bed bound because of the pain.

I need to use a rollator to walk distances over 10 m and cannot walk anywhere near 100 m without great pain and fatigue, after which I need to rest as it incapacitates me for hours afterwards. My condition has a major impact on my independence as it is. I have to use a wheelchair if I go for a day out with my family and am reliant on others and have to plan it weeks in advance. Losing my disabled parking permint will take away what little indpendence I have left.

I therefore ask you to review my application because I have significant difficulties in moving on my own, which I understand to be the legal requirement for being issued with a disabled parking permit.

I apologise for writing this in English. I also have autism and normally receive support from boendestöd at home with communicating with outside people in Swedish. Unfortunately due to the current situation with coronavirus I do not have this help as I am high risk so need to limit my social contact.

Yours faithfully

OP posts:
BendyLikeBeckham · 24/04/2020 16:44

👍

Therebythedoor · 24/04/2020 22:32

The new online form is a fucking travesty - one size does not fit all. Bastards.

Lightofthephoenix · 24/04/2020 23:02

@MashedPotatoBrainz That sounds ok to me.

DrMadelineMaxwell · 24/04/2020 23:12

Dh is an amputee. He was originally given disability payments towards a vehicle and no question got a blue badge.

Then they changed the criteria and he only qualified for the badge. No argument from him, he could work so could afford a car.
Then they decided that (on a good day, but not every day and not without pain on any day) he could walk 50m. No blue badge ever since.

MashedPotatoBrainz · 19/05/2020 10:13

UPDATE: The council have done a review of my renewal application and stand by the decision to reject it. So my letter has now been sent to the County Appeals Board.

My social worker, at the same council, rang today to see how I was getting on, dealing with stuff myself. I told her about this and she's horrified as she's the one who always helps me find ways to access places I want to go, but can't manage. I've got to send all the letters to her and she'll get her boss to talk to their boss. But she can't promise anything. But it's a bit of a relief to have a professional understand that I need this.

I've also got an appointment with my occupational therapist on Monday to discuss what help there is if I don't get my badge reinstated.

OP posts:
Terralee · 19/05/2020 11:01

@DrMadelineMaxwell my best friend is an amputee also & lost her blue badge, it's disgraceful!!

Becca19962014 · 19/05/2020 11:11

I lost mine, it was never reinstated.

My joints are so bad now I can no longer even manage a ramp without being in so much pain I'm actually sick.

My appeals were rejected.

The only difference was I'd applied for and been turned down for PIP mobility in the meantime. Here benefit appeals are heard in the same court as other crimes and I was too frightened to go in, there's no support available for appeals and I couldn't cope with waiting with police cuffed to others. There's just the two court rooms here and both share a waiting room.

They used my PIP rejection as proof I could walk.

I was rejected from PIP because of being on daily medication collection from a pharmacy so they claimed I was capable of walking there so could walk - I either got a taxi so spent two hours getting there and back - for context before getting ill it took me less than ten minutes to walk there.

I've hypermobility too. The OT I saw for assessment told me to push to get my joints replaced instead (I've severe EDS as well) but didn't understand that isn't medically an option for someone with EDS as bad as mine.

Becca19962014 · 19/05/2020 11:12

Sorry, to clarify, too frightened to appeal PIP.

MashedPotatoBrainz · 19/05/2020 11:49

It's the 100 m 'rule' isn't it. It's a blunt instrument which doesn't take into account the level of pain or suffering. So people who clearly need assistance don't get it.

OP posts:
Becca19962014 · 19/05/2020 12:19

I was told my condition could be treated with joint replacement by the OT assessor, therefore rejected. It's true my joints need replacing they have for over a decade but having EDS means they cannot be and that was ignored.

Legally they are supposed to take into account how long it takes you to get somewhere and any issues like pain/injury (I get both). But they don't.

Basically it's about removing it from as many people as they can.

This is why there tends to be so much bitterness around the changes allowing people with learning disabilities and mental health issues access to blue badges within the disabled community. I'm not saying I agree, but certainly that's why it's there and I can understand it. I've had experience of being told I should have one by social worker who compared me to another of her patients who had one due to mental illness and lived up two flights of steps which is impossible for me. The fact is if I lived up two flights of steps because I'm applying as a physically disabled person I'd be automatically turned down. As I must medically be incapable of climbing steps all of the time. It's very difficult for me to get my head around.

Anyway I wish you good luck with it.

Sparticuscaticus · 19/05/2020 20:48

Mashedpotato
Your social worker can write a support letter to her own department but the DPB team (it is Local authority that issues DPBs) stating that she has assessed your needs under The Care Act 2014 and she believes you meet the criteria for a DPB (blue badge). An OT can also do same.

I'm really glad you feel she's supporting you. Bring it up with OT also so that she/he gets on it.

You don't need PIP to qualify for a DPB- Pip mobility at higher level gives you automatic qualification but isn't essential as there is a discretionary 'subject to further assessment' eligibility route,

A good evidence based social work or OT letter can get you over that hurdle, if either of their assessments agree that you have difficulties that meet the DPB criteria. Hopefully her manager will ask her to detail it in a letter or email to the right dept. Ask for a copy of your needs assessments (OT will do one too, under the same act but with a focus on equipment, transfers and mobility) and any letter they write in support, so you can send it in for the Appeal.

MashedPotatoBrainz · 09/06/2020 11:21

FURTHER UPDATE:

I've just received a decision from the Country Court. They've rejected the councils decision on the basis that the medical report is too old and doesn't match my letter detailing my difficulties. They say that the council need to redo the application using an up to date medical report.

I saw the doctor yesterday who said she will do the report but I'm a bit worried as the assessment the physio did says that I walked 230 m in the time allowed (6 minutes) and they rejected me because I can go more than 100 m. But the physio did put on her report that I had to stop part way through the test and burst into tears as I was in so much pain and I told the doctor how the test triggered fatigue which meant I didn't get out of bed for the next 2 days.

So I guess it now hinges on whether they stick rigidly to the 100 m rule or if they understand that it's not as simple as that.

OP posts:
Becca19962014 · 09/06/2020 13:19

You'll probably still be rejected unfortunately if the physio says you can manage that distance, they won't be reading any further than that to see the effect it had. You may be able to win on appeal. I don't understand the reference to six minutes, that didn't exist in mine.

I agree it's not as simple as just distance but these applications are often decided by computer assessment and are therefore very black and white.

MashedPotatoBrainz · 09/06/2020 13:27
Sad
OP posts:
Shettie · 09/06/2020 13:40

I don't understand the reference to six minutes, that didn't exist in mine.
Op lives in sweden so different system.

Becca19962014 · 09/06/2020 13:49

Thankyou shettie I missed that. Apologies op.

I'm in the uk and the system is different here.

ImStillBreathingButBarely2 · 10/06/2020 00:24

@MashedPotatoBrainz

I'm absolutely devastated and can't stop crying at what feels like the theft of my independence. I have hypermobility in my hips and fibromyalgia and have had a blue badge for 20 years. But they've just rejected my renewal because my medical report says I can walk more than 100 m.

It's true, I can go more than 100 m but not without pain, and the further I go the less I'll be able to go later. If I go shopping I have to use a rollator and can cope with going round 4-6 shops max. But if I do that I will pay later. The next day I won't be able to leave the house and will struggle to get to the bathroom without help.

On family days out I have to use a wheelchair or I can't go.

But the real kicker is they've made the decision based on a mediscal report which is pretty much word for word the same as the previous ones. So nothing has changed in my condition and nothing has changed in my doctor's report of my condition.

Everything feels just so hopeless now.

This is disgraceful. Am so sorry you are going through this. Flowers

I don't have a BB for my disabilities so am not sure of the rules but I have heard it very hard to get them.

and "can walk" can mean many things- yes, many can technicaly walk 100m or more but not without severe discomfort or having to stop and rest. for others it depends on gradient- some cannot use a slope or hill but would be fine walking that distance on the flat.

With PIP they take these factors into consideration. BB should do the same IMO.

I have a neurological condition causing stiffness of muscles and spasms, loss of balance. For me, I sometimes get told by well meaning people "why do you sometimes say you can't walk? you CAN." and my response is "yes, I could. I could even run 10 yards to escape a fire or even catch a bus. but not without severe pain, needing to stop and rest or risk falling. and using a stick with a claw foot for balance helps me a lot."

MashedPotatoBrainz · 11/06/2020 14:20

I got the doctor's report today and I'm screwed. It's bloody awful. It doesn't explain my difficulties at all, although she does say I need to be given a badge.

Under diagnosis she's put autism, asberger/fibromelgi, asema. She hasn't put hypermobility or trochanteric bursitis, despite both being on my medical records and in my letter, which she took a copy of. She's put that I stopped the ability assessment because I was 'sad' not because I burst into tears from the pain. She put I need a badge because I'm overweight and have breathing difficulties. I've put on weight because of my condition, not the other way. I wasn't overweight when I got my first badge. And I'm not aware of having any breathing difficulties.

I think it's because her Swedish is worse than mine. So she's picked out some words and missed others.

I have an appointment with occupational health next week. I'm going to ask them about it. They wanted the report to be solid and unquestionable and it most definitely isn't that.

OP posts:
MashedPotatoBrainz · 13/06/2020 14:38

Curiouser and curiouser, I've just found out that I can access my medical records online. I had a look to see if the 2 missing diagnosis were there as I thought I could print it off and send it in with the report. One is, the other isn't as it predates the online records. But, there's also a journal record for my recent appointment with the doctor. So I read it.

It is completely different to the report I received. She doesn't go into great detail but she does explain that I can 100 m but it is extremely difficult and painful for me and that the pain clinic confirmed this as I had to stop because the pain overwhelmed me and reduced me to tears.

It's like the 2 accounts have been written by different people. I'm going to have to get it redone. Arrrgh!

OP posts:
MashedPotatoBrainz · 21/07/2020 09:14

UPDATE:

My new application has been rejected. The rejection letter states that I have no right of appeal this time as it's already been appealed.

My husband just rang the court and they've said this is nonsense and of course I have the right of appeal.

OP posts:
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