DLA tribunal won!

caela_2

This is just a thread to help spur along all those having trouble claiming for DLA. I submitted a claim in May last year for mental health problems and knee problems. My claim was unsuccessful, to which I appealed, only to have my appeal rejected. I then pursued my claim to tribunal stage and although I have endured a very stressful time conjouring up the strength and energy to undergo this process, it was all worth it when I won my tribunal! Although I was only granted lower rate carer's allowance, I got nearly £1,000 paid out in backdating since last year. More importantly, I feel like I've done something to show the DLA that just because I'm disabled, doesn't mean I'm going to quit and I know what I'm entitled to. I don't know if I'm being paranoid, but it really felt like I was being thrown aside and the process had been so dragged out, really exasperating my condition.
I would warn anyone that this is a stressful process and I underwent it alone, as I did not seek help from CAB or DIAL, but for me, it was worth it just to win instead of feeling defeated. I would advise anyone undergoing this process to always keep it in perspective and never do it at a risk to your physical or mental health, as it is very stressful. Keep things forumalic and don't get too emotionally involved (trying to keep clear-headed is possibly the most difficult)! Definately get help from CAB or DIAL, just to help take some of the pressure off. Be clear on the procedure you will have to follow and familiarise yourself with how things will work. For me, getting strong doctors evidence was important. I gathered together all previous doctors notes I had, confirming my diagnoses and various symptoms and made sure I spoke to my current doctor to update my situation incase the DLA contacted him. I kept a diary of my syptoms and how they effect me, which was helpful to refer to.
Prior to the tribunal I was asked to submit all my evidence in advance, however, my mental health leaves me quite disorganised so I ended up bringing my evidence with me and was allowed to submit it at the tribunal, giving them time to take copies and review them before seeing me. I then entered the tribunal room, just a regular office room with a large table and three adjudicators sat opposite. I dressed and acted as I usually do, to give a better idea of my condition. It's not really a good idea to get dressed up and act professionally specifically for a tribunal, remember, you're not going to a job interview! You're going to establish what your problems are and this will be considered when they meet you in person, so remember to be yourself!
Everyone I dealt with at the tribunal was friendly and professional and I did not feel awkward, although the way some questions were asked felt a bit leading or trapping! For instance, I was asked, in reference to my mental health, what I did at night when I was unable to sleep and I said I would go to a 24 store, being the only thing open. I felt the adjudicator rather smarmily made an assumption that I was able to walk around the store OK with my bad knee. I made sure everytime something like this happened that I stuck to my guns and clarified the situation. In this case, I made sure to state that I drove to the store and used a trolley as support, sometimes using the motorised carts to get around. I stuck to the truth and didn't let my words get muddled (or have them put words in my mouth!). Make sure not to contradict yourself and don't get sucked into friendly banter with the adjudicators, everything you say will be taken into account and it is easier to slip up when you are talking casually.
Anyway, I hope this has helped. Unfortunately, I am writing after being up all night so if I have left anything out, please feel free to ask questions and I shall try to answer them!
Good luck to everyone undergoing an appeal, remember, if I can do it, you can!

dawnsong

good on you going through all that - that's quite a feat. congratulations!. that's encouraging and inspiring to read.

all the best

di3004

Wow, brilliant news, I know its not easy, we went as far as a tribunal hearing in regards of my autistic son.......the finally won.;)

Congratulations.:beer::T:beer:

ladybelle

Well done ! Can I ask ? Was the tribunal near to your home ? I cant travel anywhere if I get turned down ?

di3004

ladybelle wrote: »

Well done ! Can I ask ? Was the tribunal near to your home ? I cant travel anywhere if I get turned down ?

About 3 miles away.

Hope you don't get turned down, good luck.;)

If it came to it, I would contact the CAB, and ask if they can help you through this with also taking you, I'm sure this can be arranged.

And again, if you let the tribunals know your situation, they may even make an easier arrangement.

Apparently these used to be done just a few yards from where I live, but this was changed 3 years ago, in fact just before the our tribunal.

We wish you luck.;)

lolababy

Well done. Its great to hear another dla win.

C.C.L.

Well done from me too!.....:j

cattie

Yes well done, but a pity you didn't seek experienced welfare rights advise from the begining as you may have saved yourself a lot of stress.

However, I'm pleased to see in your post that you recommend other's do seek such help.

I hope your award is of a decent length so you don't have to think of going through the renewal process for a while yet.

sfmedusa

Congratulations on getting through the process and finally getting a bit of recognition and help.

I genuinely believe that part of the way that the government uses in order to save money is to just refuse everyone who applies, on the basis that a small proportion of those who apply (even those who genuinely qualify) will stop applying and shut up.

The problem with this is that the whole process is expensive, unnecessarily stressful and penalises everyone who is applying genuinely and who has lots of evidence, nothing to hide and genuine disabilities.

Surely there has to be a better way of doing things than this?

caela_2

ladybelle wrote: »

Well done ! Can I ask ? Was the tribunal near to your home ? I cant travel anywhere if I get turned down ?

Heya, they should arrange for a tribunal near to your home, however, they should reimburse any travel costs or overnight stays. Speak to CAB or DIAL for advice.

caela_2

sfmedusa wrote: »

Congratulations on getting through the process and finally getting a bit of recognition and help.

I genuinely believe that part of the way that the government uses in order to save money is to just refuse everyone who applies, on the basis that a small proportion of those who apply (even those who genuinely qualify) will stop applying and shut up.

The problem with this is that the whole process is expensive, unnecessarily stressful and penalises everyone who is applying genuinely and who has lots of evidence, nothing to hide and genuine disabilities.

Surely there has to be a better way of doing things than this?

I know, this is exactly how I felt, but in fairness to them, I may have had more sucess initially if I had been able to get the supporting medical evidence in earlier. As long as they have a doctor supporting your claim, there is not much they can do to refuse it.