DLA decision 'NO' how to appeal??

covlass

You should recieve a form asking if you want a oral hearing I would advise to do so, that way you get to answer any questions in person. Get some help from CAB or your local law center they will also have some one who can attend the hearing with you..
You should recieve copies of submission papers, this will include a copy of your claim and any other documents, you can send any futher evidence before the tribunal, but these are sent to the Tribunal service not DLA.
It sounds daunting but i found it wasnt as bad as i expected. Do get some help though if you can.

cleomolly

Thanks everyone for oyur kind advice. I know the best option is an oral hearing but what other options are they going to offer? i will attend but just wondered?

daska

I know you chose not to get help before but, if you are convinced that that you should qualify for an award, I would strongly suggest that you don't continue to 'go it alone'. It may be that the way you are presenting the information is hindering your case.

munchings-n-crunchings

Hello Rebecca,

The other option to an oral hearing is a 'paper' hearing.

It is a well documented fact, that more paper hearings are unsuccessful.
In a paper hearing, the panel just look at the information they have in front of them. There is no opportunity for them to see you, and ask you questions about how your disability affects you, neither can you put your side.

It is in you best interest to attend,

Regards
Munchie

cleomolly

WHAT A BARRELL OF LAUGHS...........just received my tribuneral papers, and I must say I'm impressed with their ignorance of anything I've written, and have made their decision using advice from someone who has never met me and never even asked ot assess me : ) this just gets better.right guys, what do i do now? how do i go through them and what am i looking for?Thanks

purplecatlover

again i would suggest citizens advice bureau or dial to advise and assist.

covlass

Hi Rebecca
I would get some help for a tribunal what you can do in the mean time is check the critera in full for mobility. What i did was (slightly different as claiming for a child) I printed the criteria which you need to meet for the higher rate mobility. I then made a list as to how my daughter met the critera. I had someone from law center help me with my tribunal but it helped me by knowing and understanding what the critera was.
Take a look at this http://www.benefitsnow.co.uk/dlanotes/virtullyunable.asp it may give you an idea of what they will be looking for

I do stress though get some help with your tribunal and elect for an oral hearing I found it much easier being able anwesr questions in person than trying to write it down.

Go through you file and highlight anything you disagree with my daughters file the DM just kept saying not entiltled under SMI rule (server mental impairment) yet when I checked this out she met the criteria in full.
Regarding the fact they have made a decision without seeing you.............that doesnot suprise me 3 different dr's made assumptions about my daughters disabilities none of which had ever met her and most likely have no qualifications to do with her disabilities.

daska

rebecca.hobson wrote: »

WHAT A BARRELL OF LAUGHS...........just received my tribuneral papers, and I must say I'm impressed with their ignorance of anything I've written, and have made their decision using advice from someone who has never met me and never even asked ot assess me : ) this just gets better.right guys, what do i do now? how do i go through them and what am i looking for?Thanks

This really isn't intended to be a rude question but, is part of your disability an inability to accept advice? When I'm very bad I lose all my reasoning faculties (as well as the ability to compose a grammatical sentence). I can't be left alone for long periods because as I get tired I lose the ability to judge what's appropriate or safe.

Please, do yourself a favour, get in touch with the CAB or DIAL.

munchings-n-crunchings

daska wrote: »

This really isn't intended to be a rude question but, is part of your disability an inability to accept advice? When I'm very bad I lose all my reasoning faculties (as well as the ability to compose a grammatical sentence). I can't be left alone for long periods because as I get tired I lose the ability to judge what's appropriate or safe.

Please, do yourself a favour, get in touch with the CAB or DIAL.

Thank you daska, so eloquently put!
Much better then I would have expressed my thoughts.


Munchie

daska

Has just occured to me that it's a classic Hobson's Choice. She wants us to give her another option to choose from and we don't...