Help with a DWP Tribunal

overtired

Hi
I have received my letter(form MU71) stating that I can take my case to a tribunal.
It is called a first-tier tribunal, in the leaflet it says that they are judicial officers who act independently of DWP, and that I can get help from citizens advice, or a solicitor.
I was wondering if anyone on this forum has had dealings with a tribunal, and what was this like.
I can not attend this hearing in person, but I would really like as much help as possible.
Please read my other thread to find out my details.
Thank you in advance for any help.
Thank you
N

viktory

overtired wrote: »

Please read my other thread to find out my details.

You'll get a better response if you copy and paste from the other thread. Personally, I CBA to go trawling through your old posts so will move onto easier questions :cool:

overtired

Hi
I have received my letter(form MU71) stating that I can take my case to a tribunal.
It is called a first-tier tribunal, in the leaflet it says that they are judicial officers who act independently of DWP, and that I can get help from citizens advice, or a solicitor.
I was wondering if anyone on this forum has had dealings with a tribunal, and what was this like.
I can not attend this hearing in person, but I would really like as much help as possible.

Thank you in advance for any help.
Thank you
N
Sorry for the confusion, I have never posted on a forum before, I have just worked out what CBA means.
Thank you

Originally Posted by overtired
Hi
I wonder if anyone can help me with some advice, my husband has been on DLA for about 4 years, and I have claimed careers allowance for 2 years.
Two months ago we received a letter stating that he is no longer going to receive this, and subsequently I will no longer be his career, they said we can appeal this, and that is exactly what I did, now I have received another letter today saying that this appeal has also failed, and the only other thing left is to take it to a tribunal, and I was told that there is a 9 month waiting list, as of 1/03/11 both our DLA and Careers allowance have been stopped.
I am frantic about the future, you see my husband has a servear mental problem, and also OCD, he has been hospitalised 3 times, the last time he was sectioned because he would not eat, or in the end he would not swallow his own saliva, this was 4 years ago, this is when the hospital told us to claim the DLA benefit.
Since then he has got a lot better in himself, but is still very very fragile, he has a great fear of doctors and hospitals, and avoids them at all cost. He also does not mix with other people, he only talkes to me. The extra money we were getting was helping us to buy extra things that he needs, when he gets distressed he has to throw things away, like clothes and footwear, even furniture.
I have not told him about any of this yet, he is terrified of most things, but when he sees the TV and they say that they are going to make people work, he thinks that they will be coming after him, and make him clean streets, or sign on etc....
I do not know what to do, or where to turn.
When I contacted the DWP in blackpool, the man was very nice and said just write my details down stating why I disagreed with the decision, and it will be reviewed again, that was in the beginning of January, I received the letter today saying that they think my partner can look after himself for a lot of the time through the day and night,and only needs my supervision some of the time, they have taken no notice of anything that I have written.
I phoned the same place up today, and spoke to a woman who said, that, that was all they can do, I will have to take it to a tribunal and I have 1 month to apply to do this, oh and it will take about 9 months before I get a date.
I know my husband, and I know what he can take, and this news will send him over the edge, then it will be 4 years of trying to make him better wasted, he will end up back in hospital again, and he or I cannot go through that again.
So can anyone give me any advice, or guidance, I have nobody to talk this through with.
Sorry for the long thread, but I cannot sleep, and my husband will be waking up soon, with one of his many nightmares, I will have to soothe him and make things better for him, then perhaps catch a bit of sleep before it all starts again.
Oh if he only knew.
Thanks for listening.
N

hippygran

Overtired,

I really wish I could help you more, but I don't think my experience is similar enough to yours to be effectively helpful.

My husband has a degenerative physical disability, which will only worsen over time, and will ultimately result in amputation of his right leg from the thigh down. He struggles to walk at all, and when he does walk is in constant pain from the outset.

He was awarded DLA and received it for 2 years. On renewal though, someone at the DWP who was not medically qualified decided that he no longer qualified for DLA, although during this period he condition had worsened considerably.

On review the decision was unchanged.

They refused to refer him for a medical which he would have welcomed, because his condition is obvious and shows up clearly on x-rays, and anyone (even non-medical) can actually see the deformity in his leg, even with his clothes on! His specialist is amazed every time he sees him that he can actually walk at all, because the deformity is so severe.

Eventually he attended a tribunal (this in itself caused problem, as the building it was held in was not easily accessible to anyone disabled, as their was a choice of a huge number of steps, or a very, very, long walk - which he eventually managed, but made us late!).

We were in there less than a minute! The panel stated that they weren't satisfied with the DWP's lack of medical evidence, requested the DWP send a doctor to the house.

The next tribunal date was scheduled for 2 weeks later.

Within days of this medical taking place, a day before the next tribunal, hubby checked his bank balance and it was huge compared to the usual state of our finances! The DWP had not only paid him the DLA due that month, but back pay from when the original award had finished.

We needed no help to do this just ourselves, but we weren't in your situation where the claimant nor the carer could attend. This worries me, as I would think face to face would really be the best option if it were at all possible?

You really must get some help, and I'm sure MIND will get back to you. Don't give up! Try everyone and anyone you think may be of some use, whether local or national. Start with your GP, and don't be too proud to pester people. CAB will also have ideas which may help, even get social services involved if need be.

Sometimes the DWP do get it wrong, (sometimes it even feels deliberate!), but can be very loathe to admit it!

If a claim is genuine though, you will succeed. (I really don't know how none genuine claimants get away with it - I really don't!)

I wish you all the best.

Hippy

overtired

Thank you for your reply and kind words, how long did the process take, from them turning your husband down to awarding him, was it months, as they have said it will be a least 9 months for us.
I will try to get as much help as I can, but I am doing this all very very secretive from my husband, I can only use the phone curtain times of the day, i.e when he is a sleep because he has had a rough night, I can use the internet when I like.
I will be making a appointment to see our GP on Monday, to see what he says, but I went to see him last year when I first got the renewal form, and told him about my worries, he said that they have got to do there job, and he was not very sympathetic, but all I can do is try.
Thank you for your support hippy.
N

allen35

Is there a reason why you can't attend the tribunal with your husband as it is much more likely to succeed.

A tribunal for DLA generaly consists of a doctor and someone experienced in disability and a chair who tends to be a legal professional, they will ask a number of questions to your husband and make a decision, if you can get further evidence of how his symptoms affect his daily life from consultants etc send these into DWP as there is no reason why they shouldn't change the decision if you request them to look at the case again.

rogerblack

overtired wrote: »

Thank you for your reply and kind words, how long did the process take, from them turning your husband down to awarding him, was it months, as they have said it will be a least 9 months for us.

Have you considered making a new claim if his condition has worsened?

For example - did you on the original forms make reference to his difficulties eating, and self-neglect?

overtired

Hi allen35
My husband has a very real phobia of medical people, and the thought of him speaking or going near anyone (germs) he will become very, very unwell.
And as usual, it will be left to me to pick up the pieces, when he eventually finds out about this, I do not want to tell him unless it becomes totally necessary, and even then he wont be able to do anything about it, except worry and get unwell.
If he knew, he would not want me to proceed, even if it meant loosing all the benefits, he cannot cope with any stress.
Thank you
N

overtired

Hi Rogerblack
When we filled the form in about 4 years ago, he had just got out of hospital, and was on medication, this medication made him very said and tired all the time, 18 19 hours a day, he was on the medication for about 2 years, 1 year totally taking all his tablets, 2nd year he started to whine himself off it, he had put on 6 stone in weight, and had very high blood pressure, he has now lost the weight, got normal blood pressure. He is still very paranoid, but he does not trust GPs, he thinks they only want to give him tablets, so he left his other GP, and now he is with mine, so he has no actual history with this GP.
I think that I will also try to contact the people in the hospital, and ask for some advice.
Thank You
N

Torry_Quine

overtired wrote: »

Hi Rogerblack
When we filled the form in about 4 years ago, he had just got out of hospital, and was on medication, this medication made him very said and tired all the time, 18 19 hours a day, he was on the medication for about 2 years, 1 year totally taking all his tablets, 2nd year he started to whine himself off it, he had put on 6 stone in weight, and had very high blood pressure, he has now lost the weight, got normal blood pressure. He is still very paranoid, but he does not trust GPs, he thinks they only want to give him tablets, so he left his other GP, and now he is with mine, so he has no actual history with this GP.
I think that I will also try to contact the people in the hospital, and ask for some advice.
Thank You
N

One thing jumped out at me, if he has no medical contact how do you know he has normal blood pressure?

Hope it works but you definitely need some medical input.

allen35

I can't begin to fully understand your predicament but you are going to have to tell him unless you can manage without the support DLA and CA is giving.

You have 14 days to complete the TAS 1 form from the tribunal service when it arrives and under certain circumstances you can request the tribunal sit in your own home or other local ammenity due to being housebound, every effort should be made by the tribunal service to allow your husband to give oral evidence as failure could warrant the attention of disability discrimination and the human rights act.

If you feel your husband would be ok at home ask GP/consultant for a letter supporting this fact.

I must reiterate that an oral hearing has a much better chance of a favourable decision but if you cannot go through with it maybe a written submission and plenty of medical evidence sought to justify why the decision was wrong.

Seek assistance from a welfare rights adviser-CAB, Local Authority, mental health groups.

If not already write a diary of a typical week in your husbands life highlighting the help he needs so you can expand on it when needed.

Once again it's a horrible situation you find yourself and a predicament only you can solve with patience and tact i hope

all the best