DLA Tribunal

HomingPigeon

cit_k ..... were they all successful? Were there always 3 people on the panel? Thanks for reply.

Indie_Kid

HomingPigeon wrote: »

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).

It's not to do with how common a diagnosis is. IBS generally doesn't cause care or mobility needs - unless the person has other disabilities that make self-care difficult and require help from another person.

healy

HomingPigeon wrote: »

cit_k ..... were they all successful? Were there always 3 people on the panel? Thanks for reply.

There are always 3 people on a DLA panel.

cit_k is talking about IB or ESA tribunals where there are only 2 panel members though some years ago it was 3 for IB also.

HomingPigeon

That's something to think about ..... many thanks for that.

cit_k

HomingPigeon wrote: »

cit_k ..... were they all successful? Were there always 3 people on the panel? Thanks for reply.

Most of the earlier ones had three on the panel, the last one only had two, I cant remember how many the one before had. Only the last tribunal was not successful.

The others went very smoothly, and although I was pretty out of my mind with worry etc, they made the process go painlessly, and were friendly, professional etc.

The last one was very different, only two people, one a legal bod, and the other a doctor (who was not licenced to practice medicine).

It went very badly, not only did welfare rights not turn up, I felt ill and they had to stop for a break as I nearly passed out. It felt more like an interogation really.

But all the others, the majority, went fine, without any problems.

So, hopefully, that was just a one off.

TOBRUK

I had 4 on the panel in both tribunals, but they were a few years ago.

AsknAnswer2

There will be a legally qualified panel member, a medically qualified panel member and a disability specialist for a DLA appeal.

chris1973

IBS generally doesn't cause care or mobility needs - unless the person has other disabilities that make self-care difficult and require help from another person.

Agreed 100%. I'm an IBS suffer and was diagnosed when I was 16 (my symptoms began with school exam stress and was originally mis-diagnosed as Crohns since IBS back then wasn't that well known), i'm now 37 and have suffered with it almost constantly throughout my adult life to the point where I have all of the service areas on routes which I travel on a regular basis, programmed into my Sat Nav - should the IBS dictate an 'emergency' visit!

In the past, the constant back pain and severe stomach cramps which are caused by IBS has been so bad that i've been doubled up and in tears until it reduces, and on one occasion I was in agony to the point where I went to A&E where even the Doctor thought it was kidney stones and sent me for a scan. On average I get around 3 hours sleep a night due to the back pains.

Its not a nice condition, and it be painful and even depressing and can put a crimp on long journeys and social events and lack of sleep can be frustrating and make you bad tempered LOL. But, despite the symptoms i've always managed to work full time, albeit a day off sick here and there where symptoms were at their worst. I'm also currently single and have no requirement for a carer, which is fortunate as I wouldn't get one.

I'm not doubting your Husbands' symptoms or the severity of his IBS, however I am also a member of a few IBS forums / helpgroups and have been to their social events and meetings and met other people with similar symptoms who are also able to lead a relatively normal life and I can't recall even seeing the word 'carer' mentioned in any topic or threads.

Perhaps its the large numbers of IBS suffers out there, who even after their diagnosis are able to work / lead reasonably normal lives who make it much harder to convince the relevant assessors that cases as bad as your Husbands do exist.

I even searched 10,000's of posts on these self-help forums for you, using the words 'carer' and 'benefits' to see if I can unearth anything that you could print to help you with your case, but have so far found nothing. I'll let you know if I do.

valkyria_2

HomingPigeon wrote: »

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:

Don't cancel whatever you do, the state of play at the mo, is just about everyone is getting turned down as pointed out by tribunal themselves, when I was fighting my case, teribunal staff are really helpfulby the way, i was fighting for 14 mths and finally got told to write a letter of complaint to DLA my doctor also spelt out in a letter my conditions and symptoms this did the trick, within a few days of them recieving it i recieved a phone call from the manager of the DM's she was overly apologetic and said they had been totally wrong in their previous decision and that I should have been getting HRC and HRM all along, this was a week before I was due to go tribunal, so again please don't give up if you are really intitled and can prove it medically keep going as the only reason for the length of time it takes is tribunals huge backlog of cases due to DLA's naff decisions.
good luck

valkyria_2

sh1305 wrote: »

It's not to do with how common a diagnosis is. IBS generally doesn't cause care or mobility needs - unless the person has other disabilities that make self-care difficult and require help from another person.

I agree, DLA isn't assessed on diagnosis (well it's not supposed to be) it's how the condition affects your day to day life in comparison to another person of your age bracket without any health issues IBS is different in everyone with degrees of severity and altho not curable can be managed but if you have other conditions that make management difficult ie stress anxiety depression then it is a different matter, so again get your doctor to write out all your conditions and symptoms and send with a letter of complaint from yourself listing everything you have problems doing and experience on a daily basis, I did this and won before it went tribunal

good luck