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488264 tn?1226520307

tribunal and walking sticks...

Thanks to those who offered support re my last post about my horrible tribunal.  Got the letter and it has been turned down.  They said it was clear I had difficulties but they could not fit them into the legal criteria.  Read up on this and this happens in most cases, especially where the person turns up like me without representation.  It was the doctor who was leading the tribunal, and he shouldn't have been, at my tribunal I should have been allowed to present my case.  He didn't give me an opportunity to talk about my problems, focusing specifially on items in my medical history which were not that serious.  There was no conversation about how I manage during the day, cooking, etc... all the things that tick off meeting the eligibility criteria.  Even when I tried to bring relevant items into the conversation there was just silence, and they went back to questioning me about very specific things which were not really part of the application, such as which pharmacy I visited and how I got there.  This was a fair enough question, but they just banged on about it for most of the time, and then asked some questions, perhaps more relevant, about how I managed at night.  Appparently now if I want to challenge this I have to get a statement of their reasons for refusal, and then find a point of law where their argument is wrong.  Looks like I'll have to get a solicitor, I actually know one who helps in these cases from a housing problem many years back.  I'll contact them - they may not be able to help with my legal issue regarding medical notes but are specialists in benefit stuff.  Now I've put myself through this seems I must finish the fight.  I did get the impression it was the doctor who was pushing my case aside, the other two were trying to ask the right questions.  But the decision has been made.
I'm glad it came today, as I bought myself a cane yesterday.  After this letter I may not have bought it thinking I am not disabled.  It was not a collapsable one.  I walked out of the shop awkwardly, holding it in my hand like I'd bought it for someone else.  As I walked to the bus stop I just tried using it for a few steps, then a few more.  Then something changed.  From the slow stumbly person I was, suddenly with this stick I was speeding up, and walking more confidently.  The balance issues were gone.  When I stopped I didn't have to catch myself falling like I noramlly do.  The cane just stabilzed me.  For the first time in years I was walking at a reasonable speed.  So now I have a dilemma.  Here I am, officially not disabled, and really preferring to walk independantly, yet I had a brief taste of the relief of walking with a stick.  If I take it out with me all the time will people question me?  What about hospital appointments?  Nobody has suggested a stick so will they think I am being over dramatic using one?  I am sick of falling over, and at the moment I spend a lot of time falling over?  I remember some years ago I knew a friend who fiegned disability, and I ended the friendship when I discovered this.  Will people think I am pretending?  The cane is not folding.  If I use it it will be obvious to all, but I want to feel that freedom again.  To walk at a normal speed.  Had I got the go ahead from this tribunal maybe I would somehow feel more entitled to use it.  Also, now I have a cane, will it become a permanent fixture, with me never trusting myself to walk again without it?  I'm going out now, and will take it with me.  I know people here have so much more serious issues, but this is me and my vanity and insecurity talking.  And I needed the damn benefit, for the financial help, and for I suppose the validation.  They know I have problems, they saw the records, they saw me, they even admitted as much on their decision letter.  Over half the claims fail.  I shouldn't take it personally.
6 Responses
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488264 tn?1226520307
The comments and people on this forum always leave me tearful, in a nice way.  You always seem to understand so well all my posts, and I moan more here than I would ever feel comfortable with anyone else.  Thank you so much.
I took my stick out in my local area yesterday.  There is an old friend of mine who I knew from about ten years ago.  He was once a keen cyclist and runner, and some years ago, because of an inoperable tumour, is now in a wheelchair.  I knew him at the start of his illness when all the anger and frustration was so evident.  I was so uncomfortable bumping into him yesterday with my stick, and it obviously came into the conversation.  He said how every day he is grateful that he has the use of his arms and his mind is good (he is an artist), and being with a stick is a privilege to him, as only on his good days can he walk a little.  He knew me too from my days of being very fit.  I realised that he had to deal every day with the change others saw in him.  Strangers just saw him as some man in a wheelchair, and those of us who knew him longer know him as a once athletic man.  It was really humbling.  My problems are nothing.  I have full use of my legs and now find with the smallest of help from this cane I am no longer in fear of the next injury from falling.  I just have to work out the logistics of holding a stick with my dominant hand, as leg on the other side is the weaker one and I know you are supposed to hold it on the opposite side to the problem.  But it is really not a big deal, you are right.  Nobody was giving me funny looks - looking around for the first time I was amazed at just how many young people are with sticks.  Never noticed before.  
Am still down about the tribunal as I couldn't have provided them with more evidence, they had everything.  I think with a good solicitor I have a chance.  If I didn't I would stop here.  I have too many other legal battles to fight.  But this one I do believe is achievable.  When I first got my disability travel pass, also very hard to get, I felt apart from pleased at the money saved, believed.  I had an in depth physio assessment and it was impossible to fake the tests.  That I was given this pass should have been evidence enough to get the disability benefit.  The assessor was surprised I was not already getting it and urged my to apply as I had a right to it.  
Quix you are right, I spend too much time worry about what people think.  I have had to explain away bruises and cuts from falling which was far more embarrasing.  I don't have to justify using a cane to anybody.  It helps, it has given me back my freedom to walk.  Sunny I am impressed with you coping with all this at 20.  I am impressed by everybody, I just remember at 20 I was even worse worrying about others opinions.  
Now this will sound a little dramatic, but this forum has become a bit of a lifeline for me.  I can't believe I've found a place where I can write all my secret worries and these great people listen and understand.  And you are all coping with so much more yourselves.  My deepest thanks.
Helpful - 0
335728 tn?1331414412
I have to agree with Quix on this one.  I have been using a cane since around October of 07 and now I don't go anywhere without it.  I too had reservations and concerns that people may think I am being dramatic and "faking" the need but it wasn't long after I started using it that I realized that it doesn't matter a tinker's darn what anyone else thinks!  I am not falling!  I am comfortable and can get things done so much faster with it!  I even used it when I went fishing off the dock and an old fella came up and asked what I was doing with a cane?  What else could I respond with but "it's the easiest way I know to put the fish out of their misery...one bonk in the head and they don't feel a thing!"  Well he laughed so hard I thought he was going to have a heart attack himself!

So you see, it's all in how you see things and how you present  yourself as well...give it some time Wish and you will wonder how you managed without it!  Give yourself a pat on the back for taking the step to independence honey!  You will be fine with it in time!

Lots of Hugs,

Rena
Helpful - 0
147426 tn?1317265632
I am pleased for both of you that you discovered the benefits of a cane over falling and risking major injury.  I agree that they are weird in the beginning until your body naturally discovers that your balance in improved and incorporates the info from the cane into your vestibular (balance) equation.

Sunny, I'm really proud of you for using it.

Wish - you need to stop reiview the consequences of how every action might be taken.  I know it is so hard, because you have been subjected to so much harsh criticism and ridicule.  If the cane helps, then use it, get on with your life, document the stuff that you can and YES - talk to the Solicitor and if he/she can't help ask for a referral to one that knows disability issues.

If people ask why you are using it, you can always say that you have problems with balance and, "It was either 'this' or training wheels."

((((HUGS)))) to you both!

Quix
Helpful - 0
486038 tn?1300063367
wishforchange
oops, did it again! The above post is for you and not a reply to LLWB. Brain fog- I'm sorry! :)
~Sunnytoday~
Helpful - 0
486038 tn?1300063367
Hi! While we may have not officially "met", I'm here everday constantly reading the new posts.  I too had a problem with using a cane.

I've had balance problems for 2 years (yours probably have gone on much longer- I'm so sorry) but I'm in the past few months I started falling every day several times and while I'm quite used to that, well, it's not normal for a twenty year old to be constanly falling backwards or swaying back and forth. My dr. ordered that I use a cane (the only way I would have thought about it) and after I used it for a few days I've realized what a blessing in disguise it really is.

Please, I know that a cane can often seem like a rather obvious sign that something is wrong and that it invites questions, but doesn't it just make the world "go round so much better" when it gives you such stability? I mean, like you, I can suddenly walk, turn around, and simply stand there and not always worry about falling. (I have fallen since then, but it SURE helps cut down on the number of falls per day!)

I really encourage you to keep on using it. You don't always have to answer the questions, you know, a simple "I have balance issues" or a funny or humerous reply often suffices.

Please let us know how it goes for you using the cane... it really helped me enjoy life more!

~Sunnytoday~
Helpful - 0
Avatar universal
Dear One..PLEASE use your stick!Who cares what other people think! You know that you need it. If it can give you better mobility, balance, and security in walking, that should relieve one worry from your mind. Worrying about falling has to restrict your life in so many ways. This will give you the freedom to be self suffient.

Sorry about the tribunal decision. Please contact a solicitor, and keep fighting. I know it is hard and you are probbly tired and wish it would all go away. Unfortunately, it won't, so be your own best advocate, with help from a good advocate! (Pun intended). Take a short break, enjoy your new freedom, and then back to the fray. Hugs & prayers.

Maggie

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