Once more unto the tribunal.

GlasweJen

I thought this was an appeal Rodger?

I'm feeling pretty optimistic about it, they usually drag out if they're going to reject as they start looking for evidence to back themselves up with so take a bit of time trying to get the claimant to trip over themself, but saying that it's been 5 years since I attended a tribunal with someone.

sunnyone

GlasweJen wrote: »

I thought this was an appeal Rodger?

I'm feeling pretty optimistic about it, they usually drag out if they're going to reject as they start looking for evidence to back themselves up with so take a bit of time trying to get the claimant to trip over themself, but saying that it's been 5 years since I attended a tribunal with someone.

Tribunals have changed a lot, I mean so much that the last one,s I did (I withdrew from one just recently as I knew the carer on the panel and I met up with her a week later and we talked about the changes, though obviously nothing to do with the tribunal I withdrew) a few weeks ago was totally diffrent to the ones I have done in years gone by.

All of the things have changed, there is no "needing the help but not getting it", they want to know who is sitting a wake at night to keep you safe and how many nights a week they are awake etc., the same with almost everything else, they want actual details of your life and not a Physc. report saying you need constant supervision 24/7.

The term of award was odd, 20 months and that someone applied for DLA for physical problems but she got it for MH problems was even more odd, she was also told to see her GP to start to collect MH evidence for when that award ends. She does have depression but she also has moderate physical problems which is a bigger problem for her, she didnt know what to do when they gave her the judgement and she has gone round and round in circles ever since about it.

luminated

I add my very best wishes and hope you get the right outcome.

I also thank you for all your informative posts which must of helped so many reading these boards.

lynnysinger

any news yet rogerblack?
thought you would find out at the tribunal?

good luck anyways..:)

rotoguys

Being unable to walk or virtually unable to walk is what I thought the DLA HRM condition was. I was told today by a friend who has just failed his DLA Tribunal as they are now considering the ability to self propel a wheelchair to establish mobility. (Similar to ESA I suppose)

Is this the case or has he got it wrong in his head?

zaksmum

I went to a tribunal many years ago and there were three people on the panel, one of whom was an orthopaedic specialist.

He took one look at me and said quite crossly "Why on earth have YOU had to come here today?" and told me immediately they were ruling in my favour.

Hopefully it'll go your way Roger. Keep us informed, won't you?

rogerblack

Finally opened the envelope that came yesterday.
LRC+LRM.
It's on the lower end of what I was hoping - but above the 'definitely appealing this' threshold.
Phoning the DWP monday to tell them I haven't been in hospital, which should possibly speed up payment,
and the tribunal for a statement of reasons.
Depending on the judgement, I may appeal, though the award length - until 2016 - would possibly at least put off the PIP assessment towards the end of that process.

And shortly after I got in, ATOS rang, to make an appointment for an ESA medical.
They've had my renewal ESA50 since some-time in September!

Then comes the more silly part - once my ESA assessment is done - I actually have a live appeal in process against my initial assessment to be put into the work-related group. The DWP doesn't actually realise this, as they haven't apparently read the letter in question, though I got a copy of it under the DPA from my file.

Unsure if I can muster up enough energy for this - given that it's ~450 quid or so (difference in the support components and WRAG plus enhanced disability premium.

luminated

Roger thanks for the update.

Yes the (slightly) good news is the LRC and LRM if you are like me, when you think about it a bit more, you may take a 'punt' and appeal. I know I would I can't help myself.

I was given LRM and appealed in November and was awarded MRC but I chose not to appeal mobility. However I am in the middle of having completed the supersession forms and waiting to hear. A risk I know but in my heart I should keep the MRC which was indefinite and get a mobility component. After all my walking has gone well downhill to a point where I got my first wheelchair yesterday.

So chin up, sit back and forget it (for a bit) before you mobilise for the next move. In my case when I walked out the door of the tribunal I was already planning a new claim.

Take care

sweetiex

hi roger i have been checking daily to see how you got on,i would appeal i know its a pain and mentally frustrating but you should get what you are entitled to,ive been looking at the posts on here and work and benefits,getting myself so worked up with it all and its not doing my hubby any good,one thing i know is no matter what happens im a fighter,i will appeal if necessary.

rogerblack

rotoguys wrote: »

Being unable to walk or virtually unable to walk is what I thought the DLA HRM condition was. I was told today by a friend who has just failed his DLA Tribunal as they are now considering the ability to self propel a wheelchair to establish mobility. (Similar to ESA I suppose)

Is this the case or has he got it wrong in his head?

It depends.
You need to work out why they are asking specific questions, it may not always be clear.
For example, the use of a wheelchair, if the claimant owns one, may be counted as part of their adaption to the disease - which may affect their care needs.
For example, if they habitually go about in a wheelchair in their house, and have no issues with using this - they are unlikely to get care awards due to their difficulty in getting to the loo.
However, for mobility, as I understand it, the legal test is strictly 'walk'.
It's not to wheel themselves.

Get a statement of reasons, and this may better explain the decisions the tribunal came to, and if it's worth challenging them.