Disability living allowance-Tribunal in Scotland

numanor

Can anyone please help me. Earlier this year I was granted Higher Rate Mobility, but was refused the Care Component. I asked the DWP twice to look at their decision with a view to changing it in my favour,but no joy. They then forwarded my papers to the Tribunal, this was in March this year. 6 months later I get a date for my hearing which was November. I spent weeks preparing all my evidence for the hearing,I even sent them a submission 10 days before the hearing. When the day finally arrived ,the Chair introduced 2 other members of the Tribunal, and straight away said that they were unhappy at the medical evidence they had for my MOBILITY ALLOWANCE, and that they would send a doctor out to see me. If they found the doctors report lacking then that would impact on the Mobility Allowance I had already been receiving., we were then just dismissed. They made no mention of the Care Component whatsoever, which is was the reason for me attending the Tribunal in the first place. I was not even given a chance to speak,let alone present my case or evidence We did not even get 5 minutes in the room. My wife and I just sat there for a few minutes in shock and disbelief. I thought they were independant and there to help me. I do not know how they could treat me like this. I felt humiliated and it was as if I were guilty until proved innocent. Today a letter arrived from the Tribunal asking for my consent to my medical records, I do not know what this will lead to. I now fear that they are trying to have a go at my Mobility Allowance. I am scared and do not know what to do and where to get help. Should I withdraw my claim? or carry on fighting and risk losing my Mobility Allowance. PLEASE CAN SOMEONE HELP ME.

dmg24

It sounds like they are very efficient. They had already reviewed the evidence and decided that they needed more.

It is always possible that an award can be lowered or withdrawn at Tribunal.

AnneGG

If you have not already done so, go to Welfare Rights, Citizens Advice, or the Advice Centre at your local council. If you are over 50 years old, Age UK may also be able to help you.

All the above bodies are used to seeing your kind of situation, and are best placed to help you through the process, which I agree can be humiliating and stressful. They will help you go through your problem, and hopefully help you to put together an appeal. It may be that they can accompany you to any further tribunals.

Talk to your doctor and explain your fears and worries as s/he may be able to explain the situation better when they are asked for your notes.

I'm not sure, but it might also be worth checking your household insurance, as sometimes they include legal cover and this may enable you to an impartial meeting with a solicitor who can also advise you of your rights...?

Good luck, and I hope you get a positive outcome.