Hello

Jenny81_2

Hello everyone. I hope it's not considered bad etiquette to join the forum and immediately ask for help. Please forgive me if it is, I will stay around and try to help if I can!

My story is this: My Mum has a chronic lung condition and has been on Long Term Incapacity Benefit for 2 years. Last year she was advised by an occupational health therapist (who came to make some adaptions to the house) to apply for Disability living allowance. She did this in August of last year. Her request was turned down by the DWP. Most of the reasons given for the refusal were wrong so she appealed on the advice of a benefits adviser from a local organization. Her appeal was also refused, so she has to attend a tribunal next week.

We had a meeting today with the benefits adviser. She said that although I would be allowed into the tribunal with my Mum, I wouldn't be allowed to speak. She said that I may be best to appear as a witness, seeing as how I am my Mums sole carer. That's fine and I have no issue with that. What worries me is this: My Mum cannot speak more than a few words at a time without becoming very breathless. The adviser said that the tribunal people will understand this and give her as much time as she needs. She also has to explain about some very personal problems that occur due to her condition and I'm afraid that she will become upset when telling them about it.

If I was to be considered as a witness, I will not be allowed into the room with my Mum while she gives her evidence. This is making her panic slightly, she's become very reliant on me, obviously because she can't talk very well. Would it be worth my while staying outside in case they wanted to call me as a witness? Or should I say that I really don't want to leave her to face the tribunal without me being in the room? Could doing so possibly jeopardize my Mums appeal?

Thank you in advance for any help, and I'm sorry it's so long winded!

healy

Jenny81 wrote: »

Hello everyone. I hope it's not considered bad etiquette to join the forum and immediately ask for help. Please forgive me if it is, I will stay around and try to help if I can!

My story is this: My Mum has a chronic lung condition and has been on Long Term Incapacity Benefit for 2 years. Last year she was advised by an occupational health therapist (who came to make some adaptions to the house) to apply for Disability living allowance. She did this in August of last year. Her request was turned down by the DWP. Most of the reasons given for the refusal were wrong so she appealed on the advice of a benefits advisor from a local organization. Her appeal was also refused, so she has to attend a tribunal next week.

We had a meeting today with the benefits advisor. She said that although I would be allowed into the tribunal with my Mum, I wouldn't be allowed to speak. She said that I may be best to appear as a witness, seeing as how I am my Mums sole carer. That's fine and I have no issue with that. What worries me is this: My Mum cannot speak more than a few words at a time without becoming very breathless. The advisor said that the tribunal people will understand this and give her as much time as she needs. She also has to explain about some very personal problems that occur due to her condition and I'm afraid that she will become upset when telling them about it.

If I was to be considered as a witness, I will not be allowed into the room with my Mum while she gives her evidence. This is making her panic slightly, she's become very reliant on me, obviously because she can't talk very well. Would it be worth my while staying outside in case they wanted to call me as a witness? Or should I say that I really don't want to leave her to face the tribunal without me being in the room? Could doing so possibly jeopardize my Mums appeal?

Thank you in advance for any help, and I'm sorry it's so long winded!

The adviser is wrong. You are allowed to go into the appeal for the whole hearing and you will be able to speak on your Mothers behalf at some point. Ideally they will want the evidence directly from her but they should allow you to speak if it is necessary.

Jenny81_2

healy wrote: »

The adviser is wrong. You are allowed to go into the appeal for the whole hearing and you will be able to speak on your Mothers behalf at some point. Ideally they will want the evidence directly from her but they should allow you to speak if it is necessary.

Really? Wow, thank you. There must have been some kind of mix-up on the advisers part. Does it make any difference that we're in Scotland?

healy

Jenny81 wrote: »

Really? Wow, thank you. There must have been some kind of mix-up on the advisers part. Does it make any difference that we're in Scotland?

I dont think so, they should operate under the same rules.

wolfehouse

if there is still time get in touch with the welfare rights officer via your social work dept.

they should meet you just before the tribunal and provide help for the appeal.
(don't know if you are allowed 2 supporting people in though- you can ask)

Genuisscuffy

I went through the same thing with my Mum - yes you are allowed into the room but they will direct questions to your Mum - my Mum had COPD and was on oxygen - they were very nice and let her take her time - when she couldnt answer she asked me to and they were happy with that. If she gets upset just ask for a break and they should agree. Dont worry and tell her not to panic as that will just make it worse.

Jenny81_2

Thank you for the advice everyone. I rang the benefits adviser today. I don't think that she was very happy with me asking if she could be wrong, but none the less she said that I could do whatever made things easier for my Mum. I will go into the room with her, even if it's a case of me sitting at the back or something.

Thanks again.

Jenny81_2

Hi again everyone! I just wanted to give an update on my Mums tribunal.

She was awarded Low Rate Care, and High Rate Mobility, for an indefinite period. It really wasn't as bad as we had imagined. There was however, a presenting officer from the DWP, there to state their case. I'm told this is quite unusual. I went into the appeal with my Mum, and the adviser (despite her telling me again that it was a bad idea). It went fine. My Mum just answered honestly, and the DWP officer only queried one thing, which was to do with tests that my Mum had over 3 years ago. The Doctor on the tribunal board actually answered the question.

My advice to anyone going through the tribunal process is to do some reasearch of your own. Don't assume that the benefits adviser (if you have one) will have the best advice. Don't worry too much about it, as long as you stick to the truth you'll be fine. The questions asked were all very reasonable and weren't designed to trip my Mum up. That was our experience.

I'd like to thank everyone who helped with my questions.

Jenny.

healy

Jenny81 wrote: »

Hi again everyone! I just wanted to give an update on my Mums tribunal.

She was awarded Low Rate Care, and High Rate Mobility, for an indefinite period. It really wasn't as bad as we had imagined. There was however, a presenting officer from the DWP, there to state their case. I'm told this is quite unusual. I went into the appeal with my Mum, and the adviser (despite her telling me again that it was a bad idea). It went fine. My Mum just answered honestly, and the DWP officer only queried one thing, which was to do with tests that my Mum had over 3 years ago. The Doctor on the tribunal board actually answered the question.

My advice to anyone going through the tribunal process is to do some reasearch of your own. Don't assume that the benefits adviser (if you have one) will have the best advice. Don't worry too much about it, as long as you stick to the truth you'll be fine. The questions asked were all very reasonable and weren't designed to trip my Mum up. That was our experience.

I'd like to thank everyone who helped with my questions.

Jenny.

Thank you Jenny it is good to hear a positive experience hopefully some the people who moan about tribunals will see your post. It is a shame that your adviser did not know something so basic.

Jenny81_2

No Healy, thank you for the help. Maybe the adviser we had was just someone with little experience. It really does pay to do some research of your own.

I really can't fault the tribunal. I don't think the questions asked were unreasonable. My Mum wasn't made to feel like she was at an inquisition. It was all very relaxed and, I feel designed to make the claimant feel as comfortable as possible.

I don't mean to belittle other people, who have maybe had a bad experience. I just feel that perhaps we don't get to hear of the positive ones.