DLA Tribunal

HomingPigeon

Is everybody who is turned down for DLA offered a tribunal hearing?

healy

HomingPigeon wrote: »

Is everybody who is turned down for DLA offered a tribunal hearing?

You always have he right to appeal a DLA decision.

cit_k

A tribunal hearing is never offered though, you have to ask for one - you have to say you want to appeal.

The option to appeal should be offered though with any disallowance letter.

HomingPigeon

Thanks very much for replies.:T

CouponWoman

HomingPigeon wrote: »

Is everybody who is turned down for DLA offered a tribunal hearing?

If your claim has just been refused you can ask for a review of your claim. If the review is refused you can lodge an appeal.

check the letter you have received, if it says you can ask for a review, then go this route first as its far easier. Be careful as there is a very short timeframe for lodging reviews/appeals.

Try and get some extra medical evidence to go with the review/appeal form, ie a letter from your doctor or support worker or consultant etc.

Good luck

HomingPigeon

Thanks very much for that. It's my OH's claim. It has been reviewed and turned down, so that's two refusals now.

Have been given a date for tribunal (March 2011) but don't know whether to cancel this as it seems very unlikely that the decision will be reversed. (Doctor's report already submitted - doc stated that my OH relies heavily on me for help and support. I thought this would go in OH's favour - being the amount of help a person needs - but it apparently doesn't carry any clout in OH's case).

Thanks again for replying, much appreciated.:beer:

TOBRUK

If you've got a date for the tribunal you may as well go - don't cancel it. I have been through 2 tribunals in the past after I was turned down - I won both.

It is worth going and giving them your account in person and answer their questions.

HomingPigeon

Thanks Tobruk. OH feels intimidated by the idea of having a panel asking him questions. He sees it as them not believing him. He doesn't mind if I want to go and speak on his behalf, but he is quite positive that he can't face it himself.

I am going to ask an advice centre if they will read through the claim papers (we have a copy of everything that will be presented to the tribunal panel) and see what someone impartial thinks.

Hopefully they'll let us know if, in their opinion, we stand any chance of a favourable result.

TOBRUK

I understand how your OH feels, however, it is always best to turn up to the tribunal yourself, in person. I don't think anyone can give any guarantees of how it will turn out, but there is less of a chance if your OH doesn't turn up and relies on someone else to represent him.

He does have a few months before the tribunal, and remember, the decision maker who has turned him down won't be on the panel.

HomingPigeon

Thanks T. I know there's no guarantee, it would just be someone's opinion of the claim.

I've been trying to find some info from the internet and his main problem (IBS) seems to be so common that it's not taken into consideration for DLA.

If they don't award it for IBS, our claim is dead in the water. I'm hoping the advice centre will know the likelihood of an IBS sufferer being successful ..... it's not looking very promising, tbh.

(He has other ailments too - but the severe IBS causes the most problems).

cit_k

HomingPigeon wrote: »

Thanks Tobruk. OH feels intimidated by the idea of having a panel asking him questions. He sees it as them not believing him. He doesn't mind if I want to go and speak on his behalf, but he is quite positive that he can't face it himself.

I am going to ask an advice centre if they will read through the claim papers (we have a copy of everything that will be presented to the tribunal panel) and see what someone impartial thinks.

Hopefully they'll let us know if, in their opinion, we stand any chance of a favourable result.

Depends who he gets on the day, I have had several tribunals, the majority were easy going, friendly, and no pressure, only one went bad (last one) and felt more like an interrogation...