Dla tribunal tomorrow....

kellyswon

Hi all, as a sufferer of fibromyalgia i have my tribunal tomorrow after 2 unsuccesful attempts of applying for DLA.Just would like to ask you if anyone has experiences of these tribunals and what to expect.I (stupidly)applied without seeking the advice from the CAB and so i am going ahead without any representation,i have given them all my doctors notes(cost ME £15),i was 18 months ago under a counceller for depression because i just couldnt cope with the pain without my prescribed medication,He advised me to try and get a part time job to see if this may help my mental state,i was lucky enough to get myself 15hr a week job in the local hospital, i manage to hold this down BUT ONLY WHEN TOPPED UP TO THE HILT ON PAIN KILLERS.Is the fact i hold this job down going to hinder me when seeking the right outcome tomorrow??Every day/night is a constant struggle any advise is kindly accepted..

Muttleythefrog

Good luck for tomorrow. You've obviously had past disappointments in claiming so I'd try to view this as your opportunity to give direct evidence in person to people who should listen. The 3 member panel.. a person from legal background (called the judge).. a medical professional (possibly a GP).. and a 'disability person' (someone who understands disability/care issues).. will read the paper evidence in advance of you being called in. The DWP can send a representative but they usually do not. There should be a clerk to the tribunal to note what is said by you in the tribunal - they'll probably come and introduce themselves before you are called in. Based on reading the case papers and with knowledge of the criteria regarding the benefit they'll ask you questions that you should find exploratory of your condition(s) and their effects on you day to day. It may last an hour.. depends on how much fact finding they feel they need.

In most cases you will get the result of the tribunal same day... they may ask you to wait outside until they decide and then call you in... or tell you you can go home and they'll post a decision to you (especially if they feel they won't be able to make a swift decision). The result will be presented in the form of a quite simple slip giving basic details of the tribunal.. like panel member names.. and the basics of their decision e.g. 'The appellant is entitled to low rate mobility because they require supervision for most of the time when outdoors to prevent harm to themselves'. The tribunal will send the DWP a copy of the decision very quickly too - probably within a working day.

Try not to worry. Some questions may be embarrassing but this is your chance to state in person precisely the problems you have day to day. It's important you make sure you understand the benefit criteria before going and how you expect to meet it... that should give you the confidence and direction in presenting your case and giving relevant facts. Perhaps have in mind examples of situations that you experience that highlight your problem. (e.g. I described the difficulties I had regarding my making it to the tribunal to highlight why I needed low rate mobility component.. I described in detail the problems that arose and the effects they had). Make sure you take your bundle of papers regarding the case... and take a copy of any evidence you've supplied while awaiting appeal just in case there was any administrative error in getting it to the tribunal panel's paperwork. If you intend to submit any written evidence on the day make this known when you arrive at the tribunals service building... but remember evidence should be relevant to the time of the decision... the tribunal will look to make a decision on entitlement based on the facts that applied around the time of the DWP decision.

Statistically speaking you have a good chance of getting a DLA award as a result of representating yourself at tribunal. So... all the best! Right.. back to my next DLA application..lol.. I won my appeal.. but didn't get the result I'd hoped for last year.

kellyswon

Thanks muttley, would it be beneficial to take along my partner to back up what i am saying, or should i go alone to the tribunal? do you think me working part-time will have any significance in the decision?
thanks again for your excellent reply........ kelly

kellyswon

Hi if anyone else has any advice etc on what to expect at a dla tribunal i would be very grateful for you to share this with me!!!!!!!!!!
regards kelly.

Muttleythefrog

kellyswon wrote: »

Thanks muttley, would it be beneficial to take along my partner to back up what i am saying, or should i go alone to the tribunal? do you think me working part-time will have any significance in the decision?
thanks again for your excellent reply........ kelly

Having a partner there should do no harm... I presume they'll be allowed into the tribunal itself (I don't think you have to advise in advance.. might be worth calling before you set off to make sure it will be okay). They may be able to support some of what you say but it is likely they'll focus on you for primary information. My view is having someone with you in a tribunal reduces the chances a tribunal panel would act inappropriately... although of course most wouldn't anyway. They should be a support to you.. even if they just sit outside the tribunal in the waiting area.

Regarding employment.. shouldn't affect things unless it is something they explore and it contradicts what you're claiming. I always give the silly example of someone working as an RAF pilot... if a tribunal became aware of that they might question why the person would be claiming to need supervision when outdoors (if indeed they had in their claim) because they get confused and disoriented when going to unfamiliar places..lol

neverdespairgirl

Double check the letter - are you sure it's tomorrow? I've not heard of any tribunals which sit on a Saturday!

kellyswon

Hi, i was also surprised it was a saturday, i was called up a couple of weeks ago and given this appointment, it seems that because they have so many dla tribunals coming up they have had to start doing them on saturdays too.

thanks again muttley, i think i will take my partner along with me for moral support, but let him sit in the waiting area and i will go in alone.I will let you know how i get on!!!!!!!!!!

Butterfly_Brain

I took a friend to my DLA tribunal and letters from all of my consultants. They ask a lot of questions and you are sent out while they consider your claim.
I was lucky enough to have a unanimous decision so I got my DLA backdated to the day my paperwork was recieved by the DLA.

Muttleythefrog

neverdespairgirl wrote: »

Double check the letter - are you sure it's tomorrow? I've not heard of any tribunals which sit on a Saturday!

lol.. desperate times call for ...

neverdespairgirl

kellyswon wrote: »

Hi, i was also surprised it was a saturday, i was called up a couple of weeks ago and given this appointment, it seems that because they have so many dla tribunals coming up they have had to start doing them on saturdays too.

Blimey, I hope other tribunals don't start doing that too! I thought I'd left behind working-on-Saturdays for good now that I'm senior enough to avoid bail hearing at the Magistrates' Courts on Saturdays and bank holidays.

Hope it went well.

amberjade_2

kellyswon wrote: »

Hi all, as a sufferer of fibromyalgia i have my tribunal tomorrow after 2 unsuccesful attempts of applying for DLA.Just would like to ask you if anyone has experiences of these tribunals and what to expect.I (stupidly)applied without seeking the advice from the CAB and so i am going ahead without any representation,i have given them all my doctors notes(cost ME £15),i was 18 months ago under a counceller for depression because i just couldnt cope with the pain without my prescribed medication,He advised me to try and get a part time job to see if this may help my mental state,i was lucky enough to get myself 15hr a week job in the local hospital, i manage to hold this down BUT ONLY WHEN TOPPED UP TO THE HILT ON PAIN KILLERS.Is the fact i hold this job down going to hinder me when seeking the right outcome tomorrow??Every day/night is a constant struggle any advise is kindly accepted..

How did it go? I have mine for fibro this week. x