Dla Tribunal

aliosman

hi all,
I hope I can find someone here who can help and advise me....
I have applied for DLA in May 2010. I got the decision in October and as you can guess, they turned me down for both components.
I got a diagnosis of major depression with pschosis and I use 3 medicines for that..In addtion I have been diagnosed with type 1 diabetes and high blood pressure.(all were diagnosed before the decision)
On the other hand, I have canal stenosis on my lower back for 5 years which was worsened after a bus accident last year and I cannot currently walk without a crutch and cant leave my home if there is no one with me.
I coudnt be able to work since july 2010, mainly due to my mental health and due to trying to kill myself. and receiving ESA with support group without a medical.
I asked for reconsideration for my dla, wrote a letter to them explaining how my conditions affect me, side effects of 8 medicines I use everyday also sent in 3 reports from my psychiatrist, 2 reports from the pysiotherapist and 2 from occupational t. 1 from gp, they still refused.
I got my tribunal hearing next wednesday and I am worriying about this as I dont know what to expect apart from seeing 3 people questioning me about my conditions.
If anyone can answer, What do you think my chances are at the tribunal???
Is there a possibility that they can agree with the DLA people saying I have no care needs neither I am virtually unable to walk??
If it sounds that I am entitled to it what component do you think it should be and what rate?? and what is the likely period that they might award it for?(i am having the mental health issues for almost 2 years now)
I know some people may laugh at me for these questions or some may think how stupid i am asking these here....
But I truly need someone to reply whatever the answer is pleaseeeee

TOBRUK

When I saw this post I thought ... I've seen this before haven't I?? I had! I answered your post this morning aliosman and you have now posted this thread on the Disability forum and also the Benefits forum!

This is the question you asked this morning and my answer:

Quote:
Originally Posted by aliosman
hi all,
I hope I can find someone here who can help and advise me....

I got my tribunal hearing next wednesday and I am worriying about this as I dont know what to expect apart from seeing 3 people questioning me about my conditions.

If anyone can answer, What do you think my chances are at the tribunal???
Is there a possibility that they can agree with the DLA people saying I have no care needs neither I am virtually unable to walk??

If it sounds that I am entitled to it what component do you think it should be and what rate??

and what is the likely period that they might award it for?(i am having the mental health issues for almost 2 years now)

I know some people may laugh at me for these questions or some may think how stupid i am asking these here....
But I truly need someone to reply whatever the answer is pleaseeeee

I REPLIED:

Quote: TOBRUK
Hi aliosman, sorry but no one can tell you what your chances are at the tribunal and what the outcome will be! How long is a piece of string?

Sorry, I'm not trying to be funny but there is no way of knowing ... whatever your illness/condition is.

I have been to 2 tribunals in the past and you are always nervous and you don't know what they will ask you. In my experience ... it is never as bad as you think it's going to be!

The important thing is take your time and don't rush. Make sure you understand the question and if in doubt ask them to repeat the question. Take your time to answer. They will be questions on you (based on your claim) and how you manage to do things etc.

My first claim I was awarded 1 year mid mobility. Then HRM for 3 years. I now have an indefinite award for HRM and HRC.

The award and length of award can vary and this again can not be guessed. Even if you had a reply from someone with the same condition as you, everyone is different and are affected in different ways, so no one will be able to advise you on this.

You will have to wait for the tribunal. Good luck and try not to worry too much.

joannie501

Hi,
I'm New on here and was wondering if anyone can give me some advice please.
I attended a first tier tribunal on Jan 2011 after a year of waiting and a Unanimous decision was given of middle rate care and low mobility ( i have already been receiving DLA low mobility and low rate care indefinitley since 1996)
The middle rate care was given as i need prolonged and repeated attention at night. They awarded it from 10/4/96 when i first applied.
The DWP then requested a statement of reason on why they came to this decision.
Today i got a letter from the tribunal services saying that the "Duty Judge has decided that a new tribunal should hear the appeal and the application does not need to be considered by the Upper Tribunal.The tribunal's orginal decision will be cancelled".
The Decision notice says :
''The decision is reviewed because it contains an error of law, namely the Tribunal has dealt inadequately with the issue of supersession and has made an award dating from the original decision rather than from the date of application for supersession.
The matter shall be redecided by the first tier tribunal in accordance with the following directions..List at at venue before any TJ,DQTM AND MQTM.''
Sorry its so long, i dont understand any of this, could someone please explain the meaning of this letter.
Thank you so much.

snookey

Hi Im not an expert but from reading your post the error in law only relates to the backdating of your dla and not on the actual leval of dla awarded. Hopefully the decision of middle rate care and lower rate mobility will stand.

joannie501

Thanks very much for your reply.
I really hope this is the case as i dont think my nerves could stand anymore!
I thought they meant i would have to go through a new tribunal and go through it all again.
Can they change the decision for my middle rate care?
Thanks

snookey

HI Joanne sorry I dont want to mislead you it sounds as if you will have to go through another tribunal but as its on the back dating issue I can not see the award level changing.
In saying the above nothing is certain . See if you can find caselaw where there is a similar case to yours.