Going to court for an Appeal in 2 weeks for DLA help!!

kf44802

Hi there

I'm looking for peoples opinions on what it's like going to court in order to appeal against my DLA decision as its approaching and I'm nervous about what to expect. In short I was born with no left hand and have always done my best to overcome my disability however things are hard for me and I have overlooked for many years how difficult day to day tasks are as I have never known any different. I receive lower rate care & requested middle but have been declined. The DWP response goes along the lines of because I manage that warrants me not being able to receive further support furthermore they have advised if I need specific help with personal care I can simply ask for it. By help they refer to my partner who works full time so what do I do when he's not around? I have decided to appeal as I believe their reasons are not justified.

Any advice would be greatly appreciated, I have been fighting this since October last year and on so many occasions have almost given up!!

help4help2013

first of all dont [panic these things can seem scary and intimidating at time but the appeal your going is impartial . there will be judge a doctor (usually a GP) and there is sometime a representative from the DWP there too they dont always turn up but its likely there will be.


the judge and the doctor do not work for the DWP they are simply there to listen and to take into account your disability and how they effect you on a daily basis. you will wait outside and the tribunal clerk will come out and explain what will happen next you will then be called into a room sometimes a small room but there will just be either a table or a desk that you sit round the judge and doctor wail introduce themselves to you and then they will begin the hearing its sound a lot more scary than it actually is sometimes they can last 5 minutes sometimes half an hour .

you need to show them what the level or care needed for yourself they will ask you questions on how your disability effects you ,what your daily routine is and what you need help with . dont be afraid to go into detail and take your time as much time as you need for you to get your point across when explaining things to them give as much detail as you can and bring any evidence you have with you. i.e doctors reports medical evidence and anything that will support your case even letters from family members who have seen how your disability effects you will all go towards your case .


its always best to be open and honest with your answers and descriptions of how your day is and how you try to cope try and give them as much detail as you can so they have a mental picture of this always go in fully prepared and try to be as confident as you can when answering there questions as your the one who lives with a disability not them remember they are there to listen to you


after this they will make a decision based on the information and any evidence you have given them its always best to have someone with you for support on the day and its if gets a little to stressing for you then they can take over and explain sometimes you might find difficult to explain yourself

after this they will either ask you to leave and then tell you there decision or it will be sent to you in the post or they might tell you on the day but if they dont tell you on the day this is nothing to worry about some people get the decision in the post

good luck and let us know how you get on with it

rogerblack

The below only applies if your only disability is the lack of a left hand.

While this is somewhat disabling - I think it's pretty marginal for even an award of low-rate care.
Is it somewhat annoying to cook a meal with one hand - yes.
Does it meet the test of 'cannot cook a main meal' - this seems extremely doubtful.
If you have no other mental or physical issues - there is basically no chance in hell that you will meet the test for mid-rate care.

If this is the only disability, you certainly do not fall into the category of requiring continual supervision to keep you safe.
The other main route to mid-rate care would be if you require attention with bodily functions for a substantial portion of the day.
This would mean for example if you needed help with breathing, dressing, eating, going to the toilet, sitting, sleeping, taking medication.
To the level that this takes a significant amount of help from another person per day.

While I would not normally discourage appeals, there is a real risk that the existing award will be removed, and no prospect I can see of medium rate care being awarded.

However, you should be warned if they are considering withdrawing the award, and can then withdraw your appeal at that point.
I would strongly suggest that if this happens, you do withdraw.

denisec60

I'm in no way 'qualified' or knowledgeable with regard to your particular circumstances and your DLA appeal. All I did want to say is - don't be anxious about it. I've been through the appeal/tribunal process twice (three times if you count that the last one was adjourned and due to re-heard shortly) and it wasn't the least bit intimidating or difficult and I speak as someone who does tend to get a bit anxious, wasn't particularly well organised for either appeal, nor did I have any representation. That said, I would strongly advise being as well prepared as you can be - in my case I think the whole,lengthy process had dragged on for so long I virtually lost the will and focus to prepare properly.

On each occasion the judge and medical professional I found to be entirely 'human', kind and led me through the questioning in a professional but very relaxed way.

Good luck with it - just be well prepared with the specific points you want to put across which will hopefully prevent you from rambling a bit as I did.

Indie_Kid

denisec60 wrote: »

All I did want to say is - don't be anxious about it. I've been through the appeal/tribunal process twice (three times if you count that the last one was adjourned and due to re-heard shortly) and it wasn't the least bit intimidating or difficult and I speak as someone who does tend to get a bit anxious, wasn't particularly well organised for either appeal, nor did I have any representation.
On each occasion the judge and medical professional I found to be entirely 'human', kind and led me through the questioning in a professional but very relaxed way.

This was my experience too. I was lucky that the medical person was experience with my disability. It meant she could explain to me and the other people (there are 3 people on the panel) what one of my test results meant.

Whilst I had no-one to represent me, someone on another website kindly helped me with my submission. She wrote it in the format of I can't do this beause... the last time I did it, this happened... I need help doing this because... and went on to explain the limitations of aids.

Have you actually looked at the criteria for mid rate care? The jump from low to mid is quite big. I was told at my first tribunal that I was borderline for mid care.

rogerblack

denisec60 wrote: »

I'm in no way 'qualified' or knowledgeable with regard to your particular circumstances and your DLA appeal. All I did want to say is - don't be anxious about it. I've been through the appeal/tribunal process twice (three times if you count that the last one was adjourned and due to re-heard shortly) and it wasn't the least bit intimidating or difficult

While this is true, I would advise anyone who is considering appealing a decision which is not wholly negative (you are being paid something even if not what you think you should get) to at the very least understand why they are entitled to the award they have been given, and why they might be entitled to a higher award.

'Because I need the money' is not generally a reason for entitlement to benefit.

If you can't do this, then seeking advice before appealing is a good idea, as appeals can make any decision open to the original decision-maker - including removing the existing award.
If there is no realistic prospect of the award being increased, and a real one of it being reduced, continuing with an appeal is questionable.

DLA is somewhat different - in that in principle they are supposed to tell you on the day if they are considering removing the existing award, and you can then withdraw your appeal.
I am unsure if this is always the case though.