What happens after DLA appeal tribunal?

My Wife applied for DLA last September and surprise surprise was turned down (do they ever give it first time?). We asked for a review and they admitted that she needed help with washing an bathing, and now instead of "just" COPD and arthritis, she also had emphysema, asthma and inflammatory arthritis, but still they refused.

We asked for an appeal and it was granted, at the first hearing the tribunal asked for more medical evidence and a doctor was sent round to see my wife. The DWP, even with the new doctors report supporting my wife, still maintained she did not qualify! The tribunal however did not fully agree with the DWP and awarded wife HRMC for 3 years (convenient, as she will be too old to reapply when it runs out), although they did concur that, her care needs were not bad enough to qualify.

I contacted the DWP to find out what happens next and they said they would need time to consider whether to appeal? What gives, it's getting on for a year since she applied and still nothing despite winning the appeal? Has anybody had experience of this, do they normally go with the appeal? When I got mine back in the 20th century it was a lot less trouble than this.
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  • cattie
    cattie Posts: 8,841
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    nos4R2 wrote: »
    The tribunal however did not fully agree with the DWP and awarded wife HRMC for 3 years (convenient, as she will be too old to reapply when it runs out), although they did concur that, her care needs were not bad enough to qualify.
    .


    I think you'll find that as long as your wife has a successful dla award before she is 65, it can still continue to be paid on successful renewals.

    The age bar to dla is only that no new applications can be made after the age of 65 & Attendance Allowance is then the benefit to be applied for, though as you probably know, there is no mobility part to AA.
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
  • healy
    healy Posts: 5,293
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    Yes some people are granted DLA first time.

    It is standard practice for the DWP to have the chance to appeal if there have been any errors in law, but it is rare for them to appeal.

    I think Cattie has answered the rest of your questions.
  • nos4R2
    nos4R2 Posts: 45 Forumite
    thank you both for your replies. They are useful and reasuring :)
  • nos4R2 wrote: »
    My Wife applied for DLA last September and surprise surprise was turned down (do they ever give it first time?). We asked for a review and they admitted that she needed help with washing an bathing, and now instead of "just" COPD and arthritis, she also had emphysema, asthma and inflammatory arthritis, but still they refused.

    We asked for an appeal and it was granted, at the first hearing the tribunal asked for more medical evidence and a doctor was sent round to see my wife. The DWP, even with the new doctors report supporting my wife, still maintained she did not qualify! The tribunal however did not fully agree with the DWP and awarded wife HRMC for 3 years (convenient, as she will be too old to reapply when it runs out), although they did concur that, her care needs were not bad enough to qualify.

    I contacted the DWP to find out what happens next and they said they would need time to consider whether to appeal? What gives, it's getting on for a year since she applied and still nothing despite winning the appeal? Has anybody had experience of this, do they normally go with the appeal? When I got mine back in the 20th century it was a lot less trouble than this.

    Congratulations on winning the appeal, how long has it been since your tribunal?

    I finally won my appeal 2 years after 1st applying & it took a couple of months before my money came through.

    Id keep on hassling them, ask to speak to a supervisor as that usually hurries them up.
    I'd rather regret the things I've done than regret the things I haven't done.
    Lucille Ball
  • nos4R2
    nos4R2 Posts: 45 Forumite
    its only a couple of weeks, just that when her sister got AA after asking for a review it came through within a few days, even before the letter.
  • nos4R2 wrote: »
    its only a couple of weeks, just that when her sister got AA after asking for a review it came through within a few days, even before the letter.

    Did you get the result of your appeal in writing at the tribunal, confirming what your wife is entitled to & from when as they backdate any monies your due.
    I'd rather regret the things I've done than regret the things I haven't done.
    Lucille Ball
  • nos4R2
    nos4R2 Posts: 45 Forumite
    Did you get the result of your appeal in writing at the tribunal, confirming what your wife is entitled to & from when as they backdate any monies your due.

    Wife's nerves were to bad for her to attend the tribunal, but she got the results in the post a couple of days later, the letter confirms the tribunal has awarded her HRMC from when she applied last sept to oct 2011
  • nos4R2 wrote: »
    Wife's nerves were to bad for her to attend the tribunal, but she got the results in the post a couple of days later, the letter confirms the tribunal has awarded her HRMC from when she applied last sept to oct 2011

    As I said you will get all the money your wife was entitled to from Sept last year backdated but if you are worried give them a ring & chase them up, after all it's your money that they are with holding.

    I had to chase mine up as at my tribunal the DLA woman told me I would hear from them with details of my reward within 6 wks & I didn't.

    After calling them a few times & speaking to a supervisor I finally got my money.
    I'd rather regret the things I've done than regret the things I haven't done.
    Lucille Ball
  • nos4R2
    nos4R2 Posts: 45 Forumite
    Thanks, I give it a few weeks and see what transpires. Then I guess we'll have to go through it all again in a couple of years.
  • nos4R2
    nos4R2 Posts: 45 Forumite
    heard back from the DWP today. seems they are unable to pay any DLA because they do not agree with the unanimous desion of the tribunal. They are asking for a statment of reasons from the tribunal; these will be sent of for another review by the DWP with the possibility of an appeal.

    What's the point of having a tribunal and medicals examinations if they are not going to abide by the results? Should i be writing to my MP?
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