DLA Question.

Newly_retired

Well if they haven't been provided by the client I am not in a position to do so.

HomingPigeon

Many thanks, Newly retired.

HomingPigeon

OH has been turned down for both care and mobility, the paperwork has come through asking if he wants to take it to a tribunal. Basically they are saying that the things he gets help with, he could do by himself.

He feels that he can't face being present at a tribunal, and will either scrap the idea of claiming DLA, or let the appeal go ahead without him there. He is a very proud and private man, he has never claimed any benefits (he is now 52) and feels that he is being seen as a scrounger and a liar.

I have read that you stand a better chance of success if you attend in person. What I wonder is, would the tribunal let me attend (his wife) without him, to state his case? Anyone have any insight into this, please? TVM for any replies.

AsknAnswer2

They will if he allows you to attend on his behalf as his representative, yes.

There is a part on the appeal form which asks for representatives details. HE can place your details there and sign the form.

A representative does not have to be a welfare rights specialist - it can be any person of the claimant's choosing.

HomingPigeon

Thanks very much for that - much appreciated.

He hasn't had an examination from a doctor appointed by the DLA Office ... just an outright refusal, although we both thought his own GP's report was quite supportive. His GP stated that my OH relies heavily on me for help with his ailments. The DLA Office response is that he could help himself, without my input.

Is that bad news, do you think? If he stood a chance of being awarded it, would they not have arranged for him to have an independent medical examination? Does anyone think that there's no point in trying with this any further?

Any advice/opinions gratefully received. TVM.

AsknAnswer2

Yes there is point in pursuing it. I was rather taken aback at the decision made on my child's claim so I requested they provide me with a statement of reasons for their decision. The statement of reasons they provided me with was an absolute joke; totally contrary to the information that I had provided them with which included reports from a variety of professionals, care plans and statements from people who know my child. It was almost as if they had assessed a completely different application, and it did nothing to address how they had arrived at those conclusions, which is exactly what a statement of reasons is meant to do. It simply made statements, but without reasons. I appealed the decision, pointing all of this out and at the same time requested that if they chose not to revise the decision favourably that when they made the appeal submission it would be helpful to both me and the tribunal if they would provide a full explanation of their findings rather than just their findings alone. It didn't get as far as a tribunal, they revised it in my child's favour. In the new decision they set out the information that they had used to reach their decision (claim form, health professionals reports, statements etc). It was exactly the same information they told me that they had used in the original decision. Figure that one out.

TOBRUK

HomeingPigeon, so sorry that you have been turned down, but AsknAnswer2 is right, you should pursue it and not give up. I know it's hard and when you feel deflated it's hard to think of fighting it, and you feel if they have turned you down that you mustn't be eligible so you may as well give up!

HomingPigeon wrote: »

OH has been turned down for both care and mobility, the paperwork has come through asking if he wants to take it to a tribunal. Basically they are saying that the things he gets help with, he could do by himself.

He feels that he can't face being present at a tribunal, and will either scrap the idea of claiming DLA, or let the appeal go ahead without him there. He is a very proud and private man, he has never claimed any benefits (he is now 52) and feels that he is being seen as a scrounger and a liar.

I have read that you stand a better chance of success if you attend in person. What I wonder is, would the tribunal let me attend (his wife) without him, to state his case? Anyone have any insight into this, please? TVM for any replies.

I haven't had a decision letter from DLA before asking if you want to take it to tribunal! Isn't it a decision letter and after their reasons of how they have come to their decision it states that if you disagree with their decision to write and explain the reasons why you disagree?

HomingPigeon wrote: »

He hasn't had an examination from a doctor appointed by the DLA Office ... just an outright refusal, although we both thought his own GP's report was quite supportive. His GP stated that my OH relies heavily on me for help with his ailments. The DLA Office response is that he could help himself, without my input.

Is that bad news, do you think? If he stood a chance of being awarded it, would they not have arranged for him to have an independent medical examination? Does anyone think that there's no point in trying with this any further?

Any advice/opinions gratefully received. TVM.

They don't always send you to see a doctor appointed by them. They have in this case requested a report from your own GP which is quite normal. The fact that they didn't arrange for him to have an independent medical examination doesn't mean he had less of a chance getting an award, and there is a point to take it further.

I know he feels deflated and it's easy to give up when you receive a letter like this and read what they have written about you and think that if that's what they think .... well there's no point going on!

Forget about a tribunal for now and write a letter asking for a reconsideration first, ask if they would consider looking at your application again, that you disagree with their decision, referring to each point and explaining the reasons why you disagree with their decision also explaining in detail the difficulties and care needed.

I wrote asking for a reconsideration earlier this year and was surprised that within 4 weeks later I received their decision and they had changed their decision, so it does happen!

It is worth a try, you have nothing to lose and if then they don't reconsider you can go to appeal and maybe tribunal.

HomingPigeon

Arggggh! Posted a long reply, and it seems to have vanished into cyberspace!

Basically, OH has already been reconsidered and turned down. We disputed (in writing) the reasons given for refusal and now the DWP has sent us copy of the appeal submission (and also sent a copy to the Tribunals Service) - all the paperwork pertaining to the claim.

So the claim has been looked at twice and turned down twice. We've been asked if we want to continue further. There is a form to fill in, and if we decide to take it no further, we just put a tick in the appropriate box, sign the form, send it back and that's the end of it. I'm still unsure of what to do, tbh. I felt that we had the GP's support. The appeal submission reads like we didn't have the GP's support on points that mattered.

Thanks very much for replying, much appreciated.