DLA Tribunal experiences?

3onitsway

Has anybody been through a DLA tirbunal?

I'd just like to know what happens?,
What do we need to do to prepare?,
Are the CAB worth speaking too?,

Any other hints & tips would be welcomed.

I'm just after general advice on what to expect, but here's a little background if it makes a difference.

Basically, my son is 13 and has severe autism and learning difficulties.

He doesn't speak and his lack of speech makes him very frustrated. He has lots of Autistic behaviours, which last a few months before he finds a new obsession. At the moment, he likes the sound of braking glass.

He attends a special school, and they are struggling with him at the moment, which was quite a shock because they are used to dealing with children with all sorts of disabilities. He is no longer allowed on the school bus for the home journey because of him hitting out, so gets a taxi with two escorts.

His specialist, when discussing another matter, said that my son is in his top 10 worst case patients.

He was awarded DLA at a very young age (3 possibly), and has always got higher for both parts. We had to renew earlier this year. We had really good reports from his Dr and School but he was reduced to lower M and middle C. I do wonder if anybody actually read the reports.

We appealed with even more reports - but have just heard that the decision cannot be changed, so it's off to tribunal we go.

His Dr. says he's shocked at the amount of awards being reduced in the governments cost cutting excersise - but in our case it's ridiculous.

The only difference in him since the original award is that he came out of nappies 18 months ago (i still need to take him to the toilet and wipe him), and he's grown bigger so is more difficult to handle.

I do absolutely everything for him. I have to do more for him than I do for my 19 month old daughter. Soon my boy will be bigger than me (he's not far off) and i'll have to start shaving him etc., so I just see things getting harder rather than easier.


Thanks for reading - if anyone has done a tribunal, i'd be interested to hear.

andyandflo

3onitsway wrote: »

Has anybody been through a DLA tirbunal?

I'd just like to know what happens?,
What do we need to do to prepare?,
Are the CAB worth speaking too?,

Any other hints & tips would be welcomed.

I'm just after general advice on what to expect, but here's a little background if it makes a difference.

Basically, my son is 13 and has severe autism and learning difficulties.

He doesn't speak and his lack of speech makes him very frustrated. He has lots of Autistic behaviours, which last a few months before he finds a new obsession. At the moment, he likes the sound of braking glass.

He attends a special school, and they are struggling with him at the moment, which was quite a shock because they are used to dealing with children with all sorts of disabilities. He is no longer allowed on the school bus for the home journey because of him hitting out, so gets a taxi with two escorts.

His specialist, when discussing another matter, said that my son is in his top 10 worst case patients.

He was awarded DLA at a very young age (3 possibly), and has always got higher for both parts. We had to renew earlier this year. We had really good reports from his Dr and School but he was reduced to lower M and middle C. I do wonder if anybody actually read the reports.

We appealed with even more reports - but have just heard that the decision cannot be changed, so it's off to tribunal we go.

His Dr. says he's shocked at the amount of awards being reduced in the governments cost cutting excersise - but in our case it's ridiculous.

The only difference in him since the original award is that he came out of nappies 18 months ago (i still need to take him to the toilet and wipe him), and he's grown bigger so is more difficult to handle.

I do absolutely everything for him. I have to do more for him than I do for my 19 month old daughter. Soon my boy will be bigger than me (he's not far off) and i'll have to start shaving him etc., so I just see things getting harder rather than easier.


Thanks for reading - if anyone has done a tribunal, i'd be interested to hear.

Hi,

I'm not qualified to give any advice on this as I have come up against a brick wall with my claim and gave up!

What I can say, is that I am told that you need lots and lots of evidence backing up his needs - not his problems.

Anyhow good luck and get yourself a supply of Prozac!!

wornoutmumoftwo

Your son sounds a lot like mine, DS has Aspergers. I do everything for him and he's 8. He goes to part time special.
Anyway, my renewal went from MC and LM to nothing, so I appealed.

The school messed up by ticking no for support, even though he is on a high level of support, so I counted this by getting a copy of a report written for CAHMs and a copy of staged intervention planning. I also asked the psychologist to write a report - the tribunal need extra evidence 7 days BEFORE the tribunal, you can't just go in with it from what I can gather.

My turn down letter went on about DS not having medical evidence of Autism as he failed first assessment, so I got the hump, went for second opinion and he received a diagnosis of Aspergers using a different test.

I had the Welfare Rights Officer with me (via the local council).

Basically, we got called in. There are three people opposite you - Solicitor, Doctor and someone related to disability (I think).
We sat at a big table, opposite sides.

There was also someone from the DWP there (they have to sit in on so many tribunals or something, and she was in mine).


It is quite formal, there's introductions, the welfare officer than spoke a little and then I was asked a lot of questions, which I answered well, but felt I wasn't getting a chance to answer fully before the next one came out.

I was in and out in half hour and had a decision within minutes, and if I thought I was nervous waiting to go in, I was worse coming out and waiting for them to decide.

Everything I answered was in my original claim form, I didn't make anything out to be worse than it was, just average days - and I'm glad I did it that way as I felt they were really checking to see if I was telling the truth and hadn't made anything out to be worse.

I took all my paperwork with me, but the Welfare Rights Officer said not to look at it when I was in there as it might look like I needed to check what I've written.

There wasn't one single mention of his diagnosis, most of the questions related to the care I provide for him. DS has no physical reasons for not washing/dressing/walking - it's more to do with his mental disability. His latest obsession is the titanic, after a six month obsession with the solar system.

Anyway, they reinstated MC and LM, which is what I was after as my son has only day time care needs.

Hope that helps you and good luck. (Feel free to PM me if you want someone to talk to).

3onitsway

Thank you Wornout that's really helpful, and i'm glad to see someone has had success!

I haven't actually had the letter to say the appeal has failed yet, I got half a letter on Thursday with half missing, so phoned DLA to see what it was about. They said it had failed and been referred to tribunal.

I'm going to try and speak to the Welfare Rights Officer on Monday. I spoke to my local council office on Friday, and they've told me where to go (in a good way!).

Can I ask how long it took from the appeal failing til the tribunal?

Someone suggested sending my son to the tribunal. Half an hour in a strange office with strange people and he'll cause havoc, especially if there's any glass about! :rotfl:

wornoutmumoftwo

My appeal took 11 months to come around, the claim was received Nov 16th last year and got heard on 28th Sept this year, and I received a 2 year award (not that I'm complaining), but have to redo his claim next year.

I was told some tribunal's like the child there, others ask, but as my son is 8 I was told I wouldn't be expected to take him, it's something you could ask welfare rights though as I'm sure they have a lot of experience.

DLA is tied up with ESA, when I spoke to the tribunal office a couple of months ago there were 20,000 cases in the queue, and it's getting bigger, so it's a case of waiting.

p.s There was a lot of glass in the offices.

p.p.s read your post wrong, got turned down in March, recosideration done within 2 weeks and another no no.
So 6 months to the hearing from the reconsideration, I thought the tribunal was the appeal.

Katiesue_2

Hi,
Done tribunal. 3 doctors sitting on one side of the desk and you enter in and are told to sit down. You are asked questions, it is quite 'gestapoish' like, but just be yourself and tell it as it is. After interrogation you will be sent out of the room whilst the three make their decision. You will be recalled and on the desk in front of you will be a piece of paper saying 'yes' or 'no'. My first decision was no but after that I went to CAB and had new papers filled in. This time I got what was truly mine without having to go for another tribunal. I've had to attend 3 medicals over 4 years but i am truly ill so it doesn't bother me. Try not to worry, which is difficult, but keep fighting and I know that you will get the goal that is needed. God Bless.

jazabelle

I've been to two tribunals. There are three panel members - the judge who leads the tribunal, someone with medical knowledge, and a disability specialist.

At my second tribunal someone from the DWP was also there. He sat on my side of the table, and asked me one question to clarify something at one point.

The GP will ask about the medical conditions, the disability specialist about 'a normal day', adaptations, etc. The judge queries anything they feel they need to in the claim form.

They will then either send you and call you back in to make the decision, or tell you to go home and they will send the decision in the post. These days waiting for the decision will be the most agonising of your life. There are no reasons with the decision, and if they turn you down and you wish to know why, you must write to them and ask. There is no legal set time for them to respond to this, and some judges take up to six months.

If you have any more questions, please let me know!

Indie_Kid

Are you and school keeping a diary? Making an emphasis that your 13 year old DS has care needs either above the average 13 year old or more than a younger child?

Have you got in touch with NAS (National Autistic Society) ?

tomitma

3onitsway wrote: »

Thank you Wornout that's really helpful, and i'm glad to see someone has had success!

I haven't actually had the letter to say the appeal has failed yet, I got half a letter on Thursday with half missing, so phoned DLA to see what it was about. They said it had failed and been referred to tribunal.

I'm going to try and speak to the Welfare Rights Officer on Monday. I spoke to my local council office on Friday, and they've told me where to go (in a good way!).

Can I ask how long it took from the appeal failing til the tribunal?

Someone suggested sending my son to the tribunal. Half an hour in a strange office with strange people and he'll cause havoc, especially if there's any glass about! :rotfl:

The Tribunal can take anything from 6months to 2 years, a relative works in the tribunal office, and they are inundated with appeals, she is even working on a saturday and sunday, and there are ATOS medicals taking place on a Saturday, in your home or in the tribunals offices. There work has increased 10 fold, and where as it used to be around 12 weeks, it is now a lot longer. As they do not have the staff to do the work, as one person leaves the tribunal service, they are not being replaced, this is there way of cost cutting.

black_paw

i was told at least 6 months for any tribunal as way behind ! i've got to wait till FEB

Dippypud

Hi,

My son has Aspergers and is now 22yrs old, he was recently awarded MRC & LRM, have you looked at the " Benefits and Work" http://down---to---earth.blogspot.com/2007/06/bread-making-for-beginners.html

web page they have some really good advise on the form filling and appeal and tribunal procedures.

Also "Contact a Family" have a brill website and helpsheets
http://www.cafamily.org.uk/index.php?section=861

Regards, Pud:cool: