DLA Tribunal experiences?

3onitsway

Thought I should update to give hope to anyone else going through this.

I spoke to the CAB who took it on for me. The tribunal service wrote to say that it's unlikely to be heard until April 2011 at the earliest! Anyhows, we just carried on with life waiting for April.

Yesterday I got a letter from DWP to say that he has been awarded Higher Rate for care and mobility. The decision is based on information I have provided. I'm a bit baffled as to how it happened, but happy that it's been sorted before tribunal.

It's also been awarded until the day before his 18th birthday so I don't need to worry about it for a good few years.

Thank you everyone for your help, advice and experiences.

Indie_Kid

3onitsway wrote: »

Yesterday I got a letter from DWP to say that he has been awarded Higher Rate for care and mobility. The decision is based on information I have provided. I'm a bit baffled as to how it happened, but happy that it's been sorted before tribunal.

Before it goes to tribunal, another decision maker looks at the claim.

Lakelady_2

Very pleased you have got it sorted - but isn`t it terrible about the harrassment you have to go though.

covlass

So pleased it got sorted, my DDs claim went to tribunal but she got full award until she is 16

Pinkruth

Lakelady wrote: »

Very pleased you have got it sorted - but isn`t it terrible about the harrassment you have to go though.

The appeals process is awful. My hubby has numerous health problems including mobility issues caused by Phsyratic Arthritis, fybromyilagia, depression, Phsoriasis to name but a few.

He went through the whole process right upto and including going to court to put his case. The stress and tourment this put my husband through was awful. The appeals panel then upheld the decision not to award DLA at any level. This whole process took over a year.

In the end, he was advised to re apply, which he did and was awarded full motability and middle rate care. My opinion is they just didnt want to pay the back dated amount as it would have been quite a considerable amount, but maybe Im just cynical.

For someone whose medication includes Metatrixate, Diazepam, Tramadol and Embrol injections, I think the whole process is flawed and very stressfull. It makes me angry to think that someone who has worked hard since leaving school and was forced to give up work due to health would be treated so poorly is disgusting. I understand about procedures and ensuring that only genuine people are awarded, but the amount of medical evidence that was provided for my husband from all of his specialists should have been proof enough.

Thankfully it is now in place and sorted, but it does make me question the effectiveness of the system especially when the governement is making cuts in public spending.

oldestrocker

3onitsway wrote: »

Thought I should update to give hope to anyone else going through this.

I spoke to the CAB who took it on for me. The tribunal service wrote to say that it's unlikely to be heard until April 2011 at the earliest! Anyhows, we just carried on with life waiting for April.

Yesterday I got a letter from DWP to say that he has been awarded Higher Rate for care and mobility. The decision is based on information I have provided. I'm a bit baffled as to how it happened, but happy that it's been sorted before tribunal.

It's also been awarded until the day before his 18th birthday so I don't need to worry about it for a good few years.

Thank you everyone for your help, advice and experiences.

Hi there is something rather unusual going on at the moment with appeals for DLA & ESA.
I am trying to get to the bottom of it.

After you sent in your appeal, they would have done a re-consideration before sending the papers to the Tribunal Service. After that re-consideration they would have contacted you saying that they had looked at case aagin and found no reason to change their minds. It would then go on to say that the appeal has now been passed to the Tribunal Service.

If you have received that type of letter, the DWP then have no legal right whatsoever to get involved in the case any further after it has been sent to the Triunal Service.
For the DWP to then change it some months later is in my opinion not legal. They can only change it before it is sent off.

The DWP seem to be hiding behind the Tribunal Service operating a 'Task Force' to look at appeals then saying that the Tribunal Service have decided that you are now entitled to.......

This has happened to me and I am challenging their legal position to take this action. The case should and must be allowed to go to the Tribunal. I have submitted an appeal stating that they have no right to interfere and award the benefit.

Indie_Kid

3onitsway wrote: »

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:

If it had to go to tribunal, then you are better off taking your son. That way, they can see what he's like. It's always advisable to opt for an oral hearing.

My turn down letter went on about DS not having medical evidence of Autism

This doesn't matter. It just has to be proven that your 123 year old DS has care and /or mobility needs above the average 13 year old. Receiving DLA without a diagnosis is possible.

They tried that with me - apparently, there's no medical evidence (er, I saw my GP every 4 weeks for about 3 months, had 2 blood tests and numerous medication and a stomach specialist) that states I have IBS.

I have at least 5 or 6 diagnoses and don't fit the normal care needs of someone with one of my diagnoses. The decision maker has never (it's obvious from my award letter) taken this into consideration - they've just looked at each diagnosis separately. And even then they've not fully understood my diagnoses. I've been told that one normal side effect I don't, and can't possibly have.

3onitsway

oldestrocker wrote: »

Hi there is something rather unusual going on at the moment with appeals for DLA & ESA.
I am trying to get to the bottom of it.

After you sent in your appeal, they would have done a re-consideration before sending the papers to the Tribunal Service. After that re-consideration they would have contacted you saying that they had looked at case aagin and found no reason to change their minds. It would then go on to say that the appeal has now been passed to the Tribunal Service.

If you have received that type of letter, the DWP then have no legal right whatsoever to get involved in the case any further after it has been sent to the Triunal Service.
For the DWP to then change it some months later is in my opinion not legal. They can only change it before it is sent off.

The DWP seem to be hiding behind the Tribunal Service operating a 'Task Force' to look at appeals then saying that the Tribunal Service have decided that you are now entitled to.......

This has happened to me and I am challenging their legal position to take this action. The case should and must be allowed to go to the Tribunal. I have submitted an appeal stating that they have no right to interfere and award the benefit.

Yes, we had the letter back in September (I think) we had the letter saying saying that they had looked at case aagin and found no reason to change their minds.

Quite soon after we had a letter and form from the Tribunals Services informing us that it would be unlikely to be heard until April 2011.

I took this to the CAB who took it on for me, and that was the last I heard until this weeks change-of-mind letter from DWP.

My CAB advisor said that while its going to appeal, the DWP will have another decision maker go through the paperwork to make sure it's worth their while going to tribunal - obviously they found it wasn't in our case.

In my case, I'm very happy this has happened - I really didn't want to go to tribunal, and because Motability will only extend your lease for 6 months if you're in appeal/tribunal we'd have lost our car in January. January to April using public transport (too much glass/noise!) would have been impossible with him.

My Sons specialist has said to us that he's shocked at how many of his patients are getting their awards reduced in the governments cost cutting exercise. But I suppose if they're trying to catch the fraudulent claimants, then genuine claimants are going to get caught up in the crossfire.

And, I suppose Autism can affect people in so many ways if the decision maker doesn't fully read the form or reports, they can think 'oh, its only Autism' - iykwim!?
I genuinely believe that the original decision maker didn't read the forms/reports as his/her decision at the end of the form stated "He doesn't need significantly more help than any other 13 year old" and "he has difficulty going to new places alone".

If normal 13 year olds can't speak, need taking to the toilet and wiping, need to be showered, need food cutting up, need to be dressed/undressed, tbh need the same care they did at 12 months old - then maybe i'm wrong!
And as for difficulty going to new places alone - he isn't able to go anywhere alone, never mind new places. :mad:


Good luck with your challenge - keep us informed.

stresshead81_2

I applied for DLA in Jan 2010, was told it was refused in the April. I appealed with the help of specialist solicitor based at a housing advice centre. We had to go through to tribunal stage and I was told in letter that it would be December before I heard anything back as to when the actual date would happen. I got seen in the October, and was awarded DLA.

My point

---

do not assume you will have to wait until the expected date, you may find that there is a surprise hehe!

youngo

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 hope this gets to you in time. firstly i am not a legal person just a normal person but im very experienced in championing the causes of people whom cant do it for themselves. in this case, I attended a tribunal arguing a case for my mentally ill father where they found in my favour. In terms of my experiences, here they are: Gather the facts of why the DLA say he isn't entitled to the allowance & then document your counter arguement in a portfolio of evidence. Ensure that you have copies of any correspondances that you have sent or recieved & any calls that you made to the DLA, whom you spoke to & the outcome as this may come up in your sitting, professionally i trust no one & verifiy everything. You will find that people will bring legal representation to their sitting - don't be fased by thais - be strong, stand your ground & have faith in your cause. In the sitting there is a Judge presiding over the hearing & someone present to document the procedings. The judge will refer to dozens of legal bibles, but again don't be fased. He will have already reviewed your case beforehand, if you have more information that he may not have - bring it with you - in essense come prepared for a fight, that is what a tribunal is - a fight. Good luck & if you need any further help - just ask