ESA & DLA Tribunal

Cotton_wool_katie

Hi all

I have my esa & dla tribunal next week - just wondering if anyone has any advice on what approach to take etc.

A bit about me
I am 29 i have CFS/ME was diagnosed in sept 2009. Stopped work in Dec 2009 as i physically and mentally couldent work. Applied for esa and dla and got refused both - appealed for both and refused again so now to tribunal i go.

Any help would be gratefully recieved

cookie001

Hi,

I would say that you should obtain medical evidence to support your case, if you have not already done so. DLA and ESA are completely different benefits and the rules for each benefit is different.

ESA is about whether or not you are fit for work. The medical assessment does not assess whether any particular employer will take you on, or what you may be able to do in a working environment. You are assessed under a points system used, on the physical and mental health descriptors listed, and relating to your medical problems and ability/inability to perform certain tasks. The test is not a snap shot of your abilities on a particular day but an assessment of your abilities over time. You should score points if you can not carry out an activity most of the time.

Unless you are exempt from the Work Capability Assessment or you can be deemed incapable of work, you are awarded points on the basis of your inability to perform certain tasks. You must score fifteen (15) points from the physical descriptors or ten (10) from the mental health descriptors. Alternatively, you must score points under both the physical and mental health descriptors equalling (15) points.

Disability Living Allowance consists of two components, namely the mobility component and the care component. In order to meet the criteria for the lower rate of care component, you must require assistance in connection with your personal care needs for a ‘significant portion’ of the day (around one hour or so) or alternatively you must be unable to prepare a cooked main meal for yourself using raw ingredients.

In order to satisfy the disability test for the middle rate care component, you must need help with your personal care ‘frequently and throughout’ the day or night.

You must need help with your personal care both during the night and day to qualify for the higher rate care component. It is not necessary for you to demonstrate that you actually receive assistance. However it is necessary to show that assistance in connection with your personal care needs is reasonably required.

Otherwise, to qualify for middle rate care, you must need continual supervision throughout the day in order to avoid substantial danger to yourself or others. To qualify for high rate care, another person has to be awake for prolonged periods or at frequent intervals for the purpose of watching over you in order to avoid substantial danger to yourself or others.

If you need help to get around, you may be entitled to either the lower rate or higher rate of the mobility component. In order to satisfy the disability tests for the DLA lower rate mobility component, you must require guidance or supervision when walking outdoors on unfamiliar routes. The disability test for higher rate mobility component means that you must be assessed as virtually unable to walk.

The tribunal will consider factors such as the manner in which you walk (for example your balance and gait) and distance you can walk before you experience severe discomfort and have to stop and rest, the length of time it takes you to walk a particular distance, and the speed at which you walk. On considering the issue of severe discomfort, the tribunal will consider factors such as breathlessness, fatigue and pain.

The Tribunal will consider your overall condition and in doing so will have regard to your ability to perform personal care tasks and your outdoors walking ability on both good and bad days.

It is necessary to show that you meet the disability tests for DLA care component and/or the mobility component for at least 3 months prior to the date of the claim and are likely to continue to meet the disability tests for the next six months.

The tribunal’s job is to reach a decision about your case by consulting the appeal submission (which they will have read before the tribunal) and by asking questions of you and any witnesses. Questioning can be prolonged and may seem repetitive. It is important to answer all questions as best as you can.

• Try to stay calm and polite and try not to act defensively.
• If you are unsure of what is being asked, ask the tribunal to repeat/rephrase the question so you can understand what is being asked of you.
• Make a list of everything you want to say at the hearing to make sure you do not forget anything.
• If you get upset or start to feel agitated ask for a short break to enable you to compose yourself.
• Remember that tribunals are supposed to be an information gathering exercise. Try not to withhold information because you find it embarrassing to talk about. This will mean that any award or non-award of benefit will not reflect your condition accurately.

As well as asking questions the tribunal will also be observing you throughout the hearing. For example, if your tribunal is about your incapacity for work or your disability they will observe how you walk into the room, sit down and stand up etc. If it is felt that the way you do these things is inconsistent with what you say, your credibility could be questioned.

Long winded I know, but I hope the above info has helped a little. Good luck.

Cotton_wool_katie

Cookie001

Thanks very much this is very helpful - just off to re read then it all sinks in what you have said.
Thank you for taking your time to reply it is really appriciated:)

martbrad

Hi,

Would you post me a reply of how you got on, i too am in a similar position, I had been working even though i had arthritis and previously i used to get both higher rate care and mobility but when reassessed a couple of years later i only got higher rate mobility, I would have taken this case further but i had a well paid job and money was not an issue but i was annoyed as the first time i applied the doctor spent 2 hours with me compared to 10 mins the second time. Anyway, i am now in a position where i was off for 10 months, tried to go back to work and have been off the last 5 weeks and as my contract is up next week i am left in the position of justifying why i am off work and why i should get dla and esa support. This is still the case even though i have been at the doctors every 2-3 weeka for over a year now. I also have fibromyalgia and am suffering big time with both at the moment, so just looking to see how people are getting on with the process of reapplying for both benefits. the dla form has been in the house for 2 months and i still havn't found the energy to even look at it never mind fill it in.

Sorry for rant, but i hope you get on well next week

shays_mum

martbrad wrote: »

Hi,

the dla form has been in the house for 2 months and i still havn't found the energy to even look at it never mind fill it in.

Why don't you ask your local cab/dial (usually via the council) to fill in the form for you? - i have the same problems including eds3 & found their services very helpful!.

cookie001

Cotton_wool_katie wrote: »

Cookie001

Thanks very much this is very helpful - just off to re read then it all sinks in what you have said.
Thank you for taking your time to reply it is really appriciated:)

No worries, I hope it was of some use. Let me know how you get on. As one post states on here if your not successful go to your local CAB as they can help.

Good luck

G51shopaholic

my dla renewal arrived early dec - 5mths before renewal date.
Still waiting for reply - the did write to me stating they were
waiting on reply from my Oncologist, so I'm hoping that I wouldn't
get dragged into the DLA medical nightmare.
Hopefully common sense will preval

But you should get someone to help you fill out the form, i got
help from my local Maggie Cancer Centre.

black_paw

you def need some help from dial/cab/ect ..they will come with you ..they draw up a sort of lawyer type letter which they submit to the tribunal of why you should win , like where they went wrong in the medical ect...i delayed mine a few times so i could get the so called evidence ..you need your hospital notes/speci/surgeon/pain clinic /ect..and can even get a report from your doctor ..which you have to pay for,,but well worth it ..as much stuff as you can ..