DLA - I need to gain expertise, fast.

RacyRed

Hi

This is a plea to anyone reading this forum who is a benefits professional.

There is a wealth of information available on DLA available here and in the internet in general and I will be reading through it all, but at the moment I need to become reasonably competently knowledgeable on the subject in as speedy and organised a fashion as possible.

It would help me a great deal if someone who is experienced in the field could point me to the main sources of technical information and suggest the order in which I should read them. I'm a professional in another field and am very familiar with "legalese" so pointers to core legislation as well as interpretation and case law would be great.

In case anyone is wondering why the hell I'd want to do something so crazy, I had the misfortune to attend a DLA tribunal very recently, in the capacity of "moral supporter" for someone with both physical and mental disabilities. The claimant's official representative didn't turn up for the tribunal and we were advised of this just minutes before being called in. We were basically told that this was our bad luck, and that adjournment was not possible on these grounds.

From the very start of the tribunal the claimant was treated by the panel chairman in a very contemptuous and aggressive manner. The claimant's inability to defend themselves was fully exploited by the tribunal. We got very lucky and managed to get an adjournment while various reports are obtained. I don't know how long the adjournment is for yet.

I am still in a cold fury about the way this claimant was treated and have promised myself that I will do everything I can to protect them from such a situation in future. That means being as fully prepared as possible just in case the rep isn't able to attend again next time. I understand that the rep had requested an adjournment - the letter advising the claimant that this request had been denied arrived the day AFTER the tribunal.

I fully appreciate that knowledge of this kind takes years to gain, but I have to start somewhere, where would you suggest please?

Thanks.

stazi

The Decision Maker's Guide for DLA is here-
http://www.dwp.gov.uk/docs/dmgch61.pdf

and all the DMG for all benefits is here-
http://www.dwp.gov.uk/publications/specialist-guides/decision-makers-guide/#vol10

Benefits_Bod

Despite the nick, DLA is not my area. But the following may at least be a starter.

Firstly, at least you did (eventually) get the adjournment - albeit through the back door.

As for sources and advice, googling for "DLA descriptors" (or variations on that theme) will produce some results - the descriptors are what count when determining DLA / AA / ESA entitlement.

As for sites offering advice, you could try "Rightsnet" (w w w .rightsnet.org.uk) which has a discussion forum where several excellent welfare rights bods post. Whether you will be allowed to post will depend on your own status and profession - may be best to contact them first via e-mail (link on the site). Posts are not accepted from private individuals.

That same site also has a section containing many relevant legal authorities - Court judgements, Commissioners' decisions / decisions of the Upper Tribunal.

A limited selection of Commissioners / Upper Tribunal decisions can be found on the Tribunals Service (Upper Tribunal) website (w w w .administrativeappeals.tribunals.gov.uk/aspx/Default.aspx).

A search on "Bailii" (w w w .bailii.org) may produce further Court judgements.

PS: As a new user, I am unable to post proper links - hence the manner of expression.

alwaysonthego_2

Benefits_Bod wrote: »

Despite the nick, DLA is not my area. But the following may at least be a starter.

Firstly, at least you did (eventually) get the adjournment - albeit through the back door.

As for sources and advice, googling for "DLA descriptors" (or variations on that theme) will produce some results - the descriptors are what count when determining DLA / AA / ESA entitlement.

As for sites offering advice, you could try "Rightsnet" (www.rightsnet.org.uk) which has a discussion forum where several excellent welfare rights bods post. Whether you will be allowed to post will depend on your own status and profession - may be best to contact them first via e-mail (link on the site). Posts are not accepted from private individuals.

That same site also has a section containing many relevant legal authorities - Court judgements, Commissioners' decisions / decisions of the Upper Tribunal.

A limited selection of Commissioners / Upper Tribunal decisions can be found on the Tribunals Service (Upper Tribunal) website (www.administrativeappeals.tribunals.gov.uk/aspx/Default.aspx).

A search on "Bailii" (www.bailii.org) may produce further Court judgements.

PS: As a new user, I am unable to post proper links - hence the manner of expression.

...................................................

RacyRed

Thank you all so much, I've already started reading and am totally befuddled already :rotfl:

I am also following Benefits Bod's suggestion to email rightsnet - my own profession is not altogether unrelated to benefits so I might be fortunate. But just being able to read through what is on there has been invaluable already.

Grateful thanks from my disabled friend and I.
:A

ceecee1

Just a suggestion but you might want to look at the rules around being a 'McKenzie Friend'. I dont know a great deal about it (anything really) but I know that you are able to help someone in court. (I would think a tribunal would be the same)

You can just google the words for information.

AsknAnswer2

Every link you need!

http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/the-disability-handbook/

http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/

http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/sources-of-evidence-a-z/

http://www.dwp.gov.uk/docs/dmgch61.pdf

http://www.disabilityalliance.org/dlalaw.htm

http://www.osscsc.gov.uk/Aspx/default.aspx

RacyRed

AsknAnswer2 wrote: »

Every link you need!

http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/the-disability-handbook/

http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/

http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/sources-of-evidence-a-z/

http://www.dwp.gov.uk/docs/dmgch61.pdf

http://www.disabilityalliance.org/dlalaw.htm

http://www.osscsc.gov.uk/Aspx/default.aspx

Thank you so much. :A

RacyRed

ceecee1 wrote: »

Just a suggestion but you might want to look at the rules around being a 'McKenzie Friend'. I dont know a great deal about it (anything really) but I know that you are able to help someone in court. (I would think a tribunal would be the same)

You can just google the words for information.

I found a Wiki reference to McKenzie Friends I think that is sort of what I ended up doing the other day - except I didn't wait to be invited to speak.... Ooops

RacyRed

I'm updating this thread with some positive news

My friend has had her appeal upheld and her DLA is being restored. The rep was able to attend this time and did a brilliant job, so I was fortunately not required to try to argue my friend's case for her - although I did attend with her and was prepared to put her case if I'd needed to.

Thanks to all of you who gave me so much help, it was all very useful and it was great to be able to really understand what was going on during the hearing.

Oh, and she had a MUCH nicer panel this time.

Valley's_girl

Congratulations that is great news
Best wishes
ally x