Urgent DLA appeal advice!

earthbound_misfit

Firstly I know it's incredibly late to be asking advice on this issue, however I had thought things would be sorted by now and that professionals would be more helpful!
Apologies for the length but need to explain. Any advice appreciated!

Basically I am attending my friend's DLA appeal on Thursday. Hopefully he will be there too, but he was supposed to come and stay with me as of today to stop him 'wandering' before the appeal, but he hasn't shown up... so may have already wandered. :eek:

He has mental health problems, specifically a dissociative disorder (looks like DID for those in the know, though might be DDNOS).
His appeal was submitted in January. He was attempting to get mental health help at the time (had been since August when he could hide his problems no longer), and we have sent the DLA people excerpts from his GP notes as well as a summary letter from his CPN at the time.
I also wrote, as friend who supports him (had been helping him with housing as well as approaching NHS services) to outline his care needs.

At the time of the appeal, it was believed he suffered from psychosis, but it turned out to be dissociation. However this doesn't change his support needs - but it does make getting NHS help a helluva lot harder. The psychosis team sent him back to his GP. He does not take meds as they did not think it helpful, instead in-depth therapy is indicated (not that they'll offer it without a fight!)

Since then I was abroad for a few months (please don't berate me; I did not realise how much support he actually needed, we also talked on skype lots and both thought his mental health would improve with his new council flat, also I was trying to face my own demons whilst waiting for treatment). After that I was trying to make/continue plans to go self-employed whilst coping with my own ongoing mental health issues (starting therapy now). Unfortunately I have had to shelve the SE stuff whilst I try to help him, as his needs have become painfully apparent, including being almost evicted for non payment of rent (had buried HB application, as he is wont to do with important or valuable things...) So I got involved letter-writing and mediating and taking him to appointments (and watching over him beforehand in case of 'wandering'). Obviously the pressing issue was the impending eviction and this appeal, he hadn't been back to his doctor as it was difficult to get him there and he was so disheartened asking for help (he had been seen by the 'crisis team' when dragged by police to A&E and they would assess him after 5-8 hours when he was back to normal! !!!!!!!). So we shelved the fight with the NHS while sorting the rest, which I now regret at we desperately need more evidence.

Sorted the eviction issue, and he is allowed to stay in the flat with support maintaining the tenancy. However, the housing officer(s) refuse to provide a statement that he needs this support even though I sat there in a meeting with them while they said he needed it! All they say is that they can provide support and to speak to blah blah. However they DO NOT provide the support he needs, they can only help with budgeting. Not looking after his bank card/checking he's not withdrawing money and burying it (I know it sounds mad; I wish I was making this up) and making sure he doesn't run off and miss vital appointments. He saw a mental health nurse via the housing association about six weeks ago, (I was not at the appointment, though tried to make sure he was at home when they arrived) and she also says it is not her place to give evidence, whilst also agreeing he obviously has care/support needs. It's so frustrating!

Managed to get him to GP last week (that's a whole other story/issue) who was helpful, however at the time we thought the housing association were more aware of his support needs and would provide a statement, so didn't press the reference/evidence issue.
GP referred him back to the community mental health team. Since, we have tried to get a copy of the referral letter as evidence, however the GP he saw is off until the appeal day and they say it's up to her to decide if he can even see the letter! Also no time to write (and charge for!) an evidence letter. Argh! The surgery is aware of when we need the letter and suggested we call early on Thurs in case we are allowed a copy and can pick it up before the appeal (afternoon).

In additon to my original letter I was going to present another explaining he has the same care needs although his symptoms/issues are caused by severe dissociation not psychosis as believed when I wrote my original letter. I was also going to include a page printout with basic info from MIND about dissociative disorders, with his symptoms highlighted, and the difficulty in obtaining treatment (as these issues are comparatively rare).

So... questions.

1) Will they let me in the appeal if he isn't there?

2) Will they accept the extra evidence/my letter on the day, if he's not there? (and would they let me explain why he's not there?)

3) Does my evidence count for anything? I'm used to high suspicion with Atos forms and whatnot!

4) Will they check with other agencies? Ie. would the ring GP to check he's been referred, or police to check he has been picked up by them acting strange, as well as reported missing?

5) Would the police provide evidence of their involvement (they put him on a social services vulnerable person list)? If not in time for the appeal, would they in time for an upper tier tribunal?

6) Is there anything else we can do?

*zippy*

I've been to appeal once and we had a representative from CAB that specialised in appeals for those with mental health problems, I can only say from what we were told

So... questions.

1) Will they let me in the appeal if he isn't there?

Yes, we were told a representative could just do it, but they recommended the claimant is there as a higher percentage are then successful.

2) Will they accept the extra evidence/my letter on the day, if he's not there? (and would they let me explain why he's not there?)

On the appeals forms it says evidence has to be in so many days before, but we were told we could actually present on the day, but if they don't have time to read it you may have to wait for another court date.

3) Does my evidence count for anything? I'm used to high suspicion with Atos forms and whatnot!

Yes definitely as we were told my DD was awarded mobility as soon as we sat down as the panel had agreed just from the evidence.

4) Will they check with other agencies? Ie. would the ring GP to check he's been referred, or police to check he has been picked up by them acting strange, as well as reported missing?

They contacted my dd's GP and specialist after the original claim, not again for the appeal, the GP' s form is a standard letter with boxes to fill in. A GP who didn't know my DD filled it in, so we got a letter off her usual GP for the appeal, which was excellent as she could write all the details she wanted. her specialists dept are disorganised and said they never had the forms and wouldn't write anything for the appeal so we paid £50 for a copy of all her medical notes.

5) Would the police provide evidence of their involvement (they put him on a social services vulnerable person list)? If not in time for the appeal, would they in time for an upper tier tribunal?

6) Is there anything else we can do?[/QUOTE]

I was going to do a diary of all the care needed each day, but didn't have time to get it put together, might help though if you could do one for say last week. Is there anyone else who can give evidence? We were lucky as my DD has quite a few people supporting her care who wrote letters for us.

Do you have the copies from the original claim and why it was turned down? Your evidence should prove these points.

DLA is awards for care and mobility needs rather than the diagnosis so it shouldn't really matter that has changed, his needs haven't.

There will be people along tomorrow with a lot more knowledge than I have. You are a good friend, hope it goes well x

earthbound_misfit

Thanks. Diary idea is a good one. Getting a bit worried now, I know we had a copy of his notes at some point, and almost certain we copied some, but - :eek: I think they have gone walkies! (Buried!)
I have a feeling we just copied several referral type letters as they made more sense/were basically one for each GP/mental health visit. Hmm so ok maybe.
Need sleep. He's still missing. Will have to cross town and check his flat 2mro, could have done without that. Grr. Or Zzzzz actually...

~Chameleon~

I'd also say submitting a daily diary covering at least a month, if possible, is very good evidence as things are often forgotten or might seem irrelevant at the time but actually do count.

This is what I do as soon as I know my renewal is imminent, and also get someone close to me to keep a diary too, and then I submit both copies so the DM can get a realistic view from both myself and another of how my illness affects me. I find this less stressful than trying to recount my "worst days" as often I can't, or I don't want to admit to them. They can also judge how frequently or intensely I need support too.

earthbound_misfit

Well it's happened. Unfortunately we did not have a copy of the (huge pile of) tribunal stuff, as that was buried before I even knew of it - oh dear! (We did let them know this and my surprise must have been obvious.)

They also asked me a bizarre question - bizarre as the tribunal was obviously focused on his stuff, then they asked me a random conversational question. It related to what he was saying but had no bearing whatsoever on his needs or the appeal. I keep wondering why they asked me, what were they fishing for? I can't see how any answer I gave would have made any difference! Would write it here but would that be contempt of court if we have to pursue this further?

Also, I thought they'd tell him the outcome today but apparently are going to write in a few days! Is this usual or does it indicate a complicated case?
I didn't realise I'd be on tenterhooks for another week! (Or more...) Gosh, the suspense is awful, considering how much hinges on this.

HB58

It depends how busy the tribunal panel are. Sometimes they notify the claimant at the time, sometimes they write to them afterwards, I'm afraid you cannot infer anything from this.

earthbound_misfit

Yeh but it must indicate they are needing more time to think about it, as it would only take a few seconds to tell you there and then!