HELP????? Disability Tribunal Appeal

hope_and_pray

Hi i am new to this forum and would like some advice please.

I applied in Feb 06 for dla and was refused but then i sent in new evidence and they awarded me lcr which i was really disappointed with.

at the time i was having loads of blood tests which now has been confirmed as Rheumatoid Arthritis......this explains the reason why i am in need of care regularly throughout the day and night and also my mobility is limited....i have only just started a dose of steroids which are not really helping.

I am now waiting for the tribunal to set as it was adjourned previously because my husband attended and told them what for about how the EMP report did not stand as she was not a qualified Rheumatologist and was not qualified enough to "assume" or "state" i was well....also may i just say she wrote the exact opposite to was said to her.....They have requested a report from my Rheumatologist Specialist Nurse who filled in the form in my presence but still i am worried.....you can't really tell which way the dwp sway!!

I did not attend because we have no transport and i am unable to use public transport.........only then was my husband told that we could have a taxi and be reimbursed.......:p


i am only 26yrs old and am really frustrated:mad: and exhausted at all this as it is a year since this has been going on and when i looked at the submission notes i wrote everything write but still they refused me...i really hope and pray i win this appeal as it will help me and my husband alot who is only 24 and has had to stop working due to caring for me......



please can someone help me and advise me what might happen and also is there anything regarding Rheumatoid Arthritis in the disability handbook so they will be aware at the appeal just how severe my condition is or can be...also what are the exact requirements to receive dla hrm??

thanks for any help

Morglin

70% of appeals are won by those that attend.

I believe the rate drops to about 30% if you don't go - so I really would try to get there.

The panel will listen to you, about how your condition impacts on your life, they will have read any medical reports, and if the DWP rep attends, they will listen to him/her on why they think they shouldn't award what you are asking for.

A decision is then made, and you are advised.

The CAB can generally point you towards a WRO who may be able to accompnay you and state your case.

Lin

hope_and_pray

it will be me and my husband attending....i just wanted to know about others personal experiences of what goes on and any tips really on wording etc...please:rolleyes:

ohreally

hope_and_pray wrote: »

also may i just say she wrote the exact opposite to was said to her....

Did you sign the statement taken by the emp? If so you should have corrected any errors or discrepancies, if not challenge the reports validity.

hope_and_pray wrote: »

I did not attend because we have no transport and i am unable to use public transport.........only then was my husband told that we could have a taxi and be reimbursed.......

The communication sent informing you of the hearing venue should have notified you of the procedure to travel by taxi, if they have failed to provide this raise a complaint, both your time and the tribunals time has been wasted.

Reading your post i would strongly advise you to arrange representation when the hearing is reconvened.

Biffa

http://www.benefitsnow.co.uk/dmakers/default.asp

http://www.benefitsnow.co.uk/handbook/disabilityhandbook.asp

You may find the above interesting reading, especially the second one, as it gives guidance on conditions.

Make sure you get help with appealing, such as a welfare rights advisor at your local council or someone from the CAB. We've just been to tribunal last week after they turned down OH for DLA twice - we came away with middle rate care component and lower rate mobility - not what we were hoping for but better than nothing.

Good luck

hope_and_pray

Thanks for the info


i have tried to get representation but our cab is fully booked (lack of people and funds)!!!


what are the chances if i attend with my husband as he knows my circumstances better than anyone as he has been looking after me

Biffa

Ask for an appointment with your welfare rights advisor - ring your council and they will give you the phone number for them. They can help with the appeal and may attend the hearing with you.

If either you or your husband have served more than a week paid in any of the Forces, you may be able to get help from the British Legion or SAAFFA.

Biffa

One other thought - if your husband has had to give up work to look after you, he should be able to claim Carers Allowance.

hope_and_pray

if at the appeal we are awarded mrc/hrc would we be able to get backdated carers allowance?

Biffa

Sorry, I have no idea as I don't qualify for carers allowance so couldn't claim it. You could try asking CAB, but it's probably worth ringing DWP for a claim pack for Carers Allowance as it might say in there if it can be backdated or not.

beanielou

You can only have someone claim carers allow if person they are claiming for gets high/middle rate care.