DLA tribunal coming up

Indie_Kid

I've just had my appeal papers through and a letter asking me if I wish to continue with my appeal. The letter has been sent off.

What do I need to do to prepare for my tribunal, please? I went to citizen's advice on Wednesday who told me they don't have anyone to help me. However, they've given me the contact details for someone who can.

terrig

Hi, use the contact details they have given you, and hopefully you should get the help you need, remember that the person who you contact knows nothing of your claim, so what you should do it get ready as much paperwork you have to do with your claim as they will need to see all of it, also if the tribunal date comes before this person has had time to go through your papers, I suggest that the tribunal be contacted by letter as if you ring them they will just ask you to put it in writing and request that the tribunal date be postponed, giving the reason that the person or persons that the cab gave you to contact needs more time to go through your papers and get up to date with your appeal, should the worst happen and you find yourself with no help, its a good idea if you take someone with you, a friend or family member for support, the tribunal members wont expect you to be an expert on your claim, they are really there more to find out how your illness and disability affects your daily living, ie do you need help cooking, can you walk safely alone outdoors, all of which will be in your claim pack, also the tribunals service on receiving your appeal at some point will send to you the submission pack, this is just the paperwork that the tribunal members will have to read through and make a decision on your appeal, and what you will need to take with you on the date of the tribunal, at this point until the date of the tribunal is received you are allowed to add any paperwork that you feel is helpful for your appeal. have you got an up to date report that you could add from any specialists or your GP, anyway I really hope you find the help that you need and good luck with your appeal.

Indie_Kid

terrig wrote: »

Halso the tribunals service on receiving your appeal at some point will send to you the submission pack, this is just the paperwork that the tribunal members will have to read through and make a decision on your appeal

Is this just the bunch of papers which contain my claim pack, doctors letters, etc?

Can I ask them to dismiss the doctor and medical service reports? I have multiple disabilities (partial sight and bowel problems) and the medical services have pretty much said that having both doesn't mean my needs are any different to that of someone who just has partial sight or bowel problems. And the GP's report is incorrect too and was filled in by someoen who I've seen once - and that was years ago.

munchings-n-crunchings

Hello,

I suggest you contact Welfare Rights. They are part of your county council.
They specialise in Benefits issues, and will be able to help with your appeal, and could attend the tribunal with you.

I always think it's important to inform your GP in advance that you are putting in a claim or renewal for DLA. It's an opportunity to inform your doctor of how your condition is affecting you, and why your current issues are.

The DWP will have asked your GP for what's called a factual report, so the information required should have been contained in your notes.
If you believe any of the facts are incorrect, then you can write a statement and put why you believe this is incorrect. It's not possible to ask the tribunal to dismiss it, you have to counter it. You could speak to your regular GP and also if you have a consultant, and ask for additional reports.
It is important to remember though, that any supporting medical evidence may just back up your medical condition, and not relate to you care needs because of your condition.

Depending on what part of the country you are, will depend on how long you will need to wait for your tribunal date.
It is in your best interest, to submit all of your supporting evidence by about 2 weeks before your date.
This will give your panel time to read all of your information. You can submit on the day of your hearing, but you don't want the panel to rush reading something, that could be of importance to you.

If you can understand a little about the criteria for each award level, and the terms used, it will help you dispute the DWP decision.
This link will help a little understanding the terms used, especially regarding the levels of help you need.
http://www.benefitsnow.co.uk/dmakers/default.asp

Good luck,

Munchie

Indie_Kid

munchings-n-crunchings wrote: »

The DWP will have asked your GP for what's called a factual report, so the information required should have been contained in your notes.

My problem is that I never see my GP (or anyone for that matter) about my disabilities because there's nothing that can be done. They've done blood tests and have put me on various medication; but the tests came back clear and the medication didn't work or I was allergic to it. I do sometimes go to the low vision clinic; but again, there's nothing they can really do to help me.

I spoke to my parents earlier (I'm at uni and live away from home) who told me that they'd received a letter addressed to me from the DWP (before anyone asks, they were given my permission to open it) and I'm still on the same rates, which I'm not happy with. Does my appeal still go ahead? I have tried talking to someone on the phone; but can't get through.

munchings-n-crunchings

It sounds like the DWP have done a Reconsideration.

If you do not agree with the decision, than you need to write, and say that you ant to go to the tribunal.
You need to remember, that the while of your award will be looked at again, so what you have been awarded will be at risk.

It's important to remember, that DLA is awarded, not on the basis of diagnosis, but the level of care you need. There is a significant jump between each level.

Regardless of whether you normally see your GP, if you put them on your claim form, the DWP are within their rights to contact them.
It is in your best interest to update your medical professionals about your issues, and how you are coping. It can make a difference to the process.

Regards
Munchie