Dla tribunal.

elliegirl

Hi I am looking for advice. My husband has an tribunal going on regarding not being awarded anything for Dla. It has taken almost two years to get to appeal date which was today. It has been adjorned for 7 weeks as the panel was not given the paperwork we submitted regarding us disagreeing with the medical doctors assessment. It honestly read that he was speaking about someone else.
The question is after looking at sites explaining how to fill forms in, we really dont think the decision will be changed. Hubby wrote he can walk 80 metres before having to stop. Did not say that he would be in pain from the start, things like that. We did have another claim going through that we started after this claim was turn down and that got refused also. We was told not to appeal this as it would effect the claim going to tribunal. The panel today seemed surprised at that. Do you think that we should start a new claim now as hubby condition has worsened or wait for the tribunal. Also could we get someone to help us at tribunal and if need to fill new form in help with that. Sorry for the long post but have tried to explain as best I could.

rogerblack

There are a couple of issues here.
A tribunal sits in the place of the original decisionmaer that denied you benefit.
They can do anything that original DM could have done - but they are only looking at the condition on that date.

Firstly, making a new claim now risks if the appeal is granted having the appeal award only run up to the date of the new claim.
So, if the new claim is less generous than the appeal award, you would then need to appeal that.
On the other hand - if the new condition is such that he has an unarguable case for DLA - then a new claim may be appropriate.




In principle, in most cases, if walking causes severe discomfort, and pain can qualify, then any walking done with the pain is not counted in the walking ability.
Who told you not to appeal?
Was it a member of DWP staff?

If I was in your shoes, I suspect I would hold off till the tribunal sits, and see what award it makes.
You then might consider making a late appeal on the grounds that you were misadvised by the DWP the worsened condition, if the second claim was after worsening.
If he's subsequently worsened, then claiming fresh might be advisable.


There are no automatic representatives available.

Perhaps your local CAB, or similar organisation may be able to help, or point you in the right direction.

elliegirl

Thanks for replying, it was not DWP it was a gentleman from Essex Carers Association. He also led us to believe that he would come to the tribunal with us, but when we rang to give the date, we was told that he would not be able as he could on represent me as a carer and the claim was not mine. I just think that we have been given bad advice and probably will lose this appeal because we did not use the correct wording.

rogerblack

The wording on the appeal and forms is one bit of evidence the tribunal must look at.
But, you turn up in person so they can ask you questions.
This lets them understand any problems with your Written evidence.

elliegirl

Am so annoyed, yesterday we was told the new date would be 27 Sept, now got a letter today saying 30 Oct. That now makes it just over 2 years from date of claim. We are going to be so screwed as hubby condition has got a lot worse and from reading the forums we will have to be so careful with what we say as they can take it that it means he was better then.

Richie-from-the-Boro

elliegirl - - rogerblack said : But, """you turn up in person so they can ask you questions. This lets them understand any problems with your Written evidence."""

The last average [ oral / paper ] success rate figures I saw April to April [ 2010-2011] last year were :

- paper hearing 16.6%
- oral claimant only 51.7%
- rep only [ no claimant ] 62.1%
- claimant & rep 66.6%

- overall success 45.1%

I've said it before, I'll say it now and I'll say it again sometime in the future :

You must appeal .. .. You must attend .. .. three times more chance of succeeding if you attend.

elliegirl

Thanks Rich-from-the boro for the reply. We are going to attend and with representation if we can get it. What I am more annoyed at it that the clerk gave us a slip of paper saying the 27 Sept, he said he could not give time but will get that through the post. Now today we get a letter saying 30 Oct. Our original claim was Oct 2010. This is how long we have been waiting for. The other thing is as I said I am not confident of winning appeal as hubby did not then know about how to fill forms in and did not explain properly. I know that we will get a chance to talk, but if we lose, we have lost all this time by not putting a) an appeal for the claim put in June 20011 which we was advised not too as it could go against this claim and b) by not putting a new claim in now that I am more hopeful for as we have had an OT assessment done now meaning that we could perhaps could have 3 months money by the time the appeal is heard.

Horseunderwater

When you go to the appeal tribunal hearing, take along a written statement of all that has happened and the time scales involved.
Also include if you can his worsening condition and all the things he may now be having trouble with. If in pain when walking distance not so relevant - DLA Descriptors google them and look them up - I too have lots of pain and I am breathless a fair bit, max usually before pausing is 6-8 meters walking. Hence I get HRM. I am sorry to hear it has taken you so long and It does sound like you have had extremely bad advice.

Brassedoff

Go along and make sure you tell the truth. The board you see are rather long in the tooth with respect to just one side. You need evidence and good quality evidence at that too.

Although you have been advised to take other information I , the tribunal should not take it into consideration. I don't mean to sound cold, but you need to clear you head, start at A and finish at Z.

Remember evidence, most of the time a GP's diagnosess is not good enough.

Sorry to hear the problems are on both sides of the house too.