DLA question

crutches

TOBRUK wrote: »

I don't know if this is a new trend (if that's the right word) in recent years but in the past I have gone to 2 tribunals regarding DLA claims and on both occasions I didn't contact CAB or anyone else. I took my sister with me for support and on a couple of occasions spoke up for me - I won! There is nothing to get worked up about, it is important to keep calm - it is a room, table and on one side a panel of 3 or 4 people who asks questions. You just need to take your time in answering don't get flustered and try and keep a clear head. Ofcourse it isn't very pleasant but it is ok. Don't know if this helps at all but this has been my experience.
Llinos

dont want to worry you but in this area of NWWALES its in the local courthouse,in the proper courtroom,the panel sit on the bench like magistrates and behave like them too.It is VERY intimidating.

ShockingPink

Doranora wrote: »

Thanks for the positive replies - they really are a help.
Can I ask, Shocking Pink, if you write things down do you get a chance to read that out first and then do they ask questions? I have no idea of the format of these things at all.
It's well worth knowing you can write things down though. My brain freezes up at the best of times, let alone under stress!

Yes - what happens is, the Benefits Agency rep gives their submission (which is basically the same as the statement of reasons you'll have). Then they ask you to submit your appeal. So I just said that firstly I wanted to dispute the doctor's report. I then opened my file and used it as a prompt so I didn't forget anything important. I went through the statement of reasons point by point, and refuted all their arguments. I made sure I stayed calm and kept everything factual and as unemotional as I could, given how stressed I was! Then the Benefit Agency rep asked me some questions - such as, how I got there (the appeal was quite a distance from the bus or train stations). Then the committee asked me questions, and the opposition wasn't allowed to butt in at all.

The questions were things like explaining exactly what problems I had, so I was just honest, and talked about things like doing up buttons, washing my hair, getting in the bath and peeling spuds! Once again, it might be worth writing these things down (I didn't, cos I didn't know what they would ask). If I said something they didn't understand they asked me to clarify. They asked me what was the furthest I could walk (whether in pain or not) and about how long it took.

After all that, they said they would deliberate, and I and the Benefits Agency rep left the room (she went straight home - didn't stay for the verdict). After 5 minutes I was called back in and told they'd decided to uphold my appeal. They were really nice, and the Coroner even said I'd now be able to get an automatic car with the money.

As Crutches says, the hearing is formal in structure; mine was in the Old Magistrates Court, and the panel were on the platform, with me, the BA woman and a clerk on the public benches. But I was treated with kindness and respect, and none of the questions were aggressive in any way.

Really hope this helps!

Doranora

Thank you for going into so much detail, Shocking Pink, it really helps to have it written out like that, to know what goes on and in what order. It still sounds pretty firghtening but I guess it's also worth remembering that it's just a day at work for everyone else involved.

And thanks for your reply too, Crutches. It's kind of good to hear the more negative side and to know what the worst might be that I need to prepare for. It's why I'm still going to try and find a representative. I've also read that having someone represent you means you're around 10% more likely to win your appeal so it must have something going for it.

hissingsid

Doranora wrote: »

I've also read that having someone represent you means you're around 10% more likely to win your appeal so it must have something going for it.

http://www.dwp.gov.uk/asd/asd1/appeals/Appeals_Mar06.xls

http://www.dwp.gov.uk/asd/qat.asp (see excel download)

These are the latest stats I can find.

Table 3 shows that oral hearings have a higher success rate than paper hearings. Tables 5-5(ii) show that successful appeals are most likely where the appelant attends with a rep.

Morglin

hissingsid wrote: »

http://www.dwp.gov.uk/asd/asd1/appeals/Appeals_Mar06.xls

http://www.dwp.gov.uk/asd/qat.asp (see excel download)

These are the latest stats I can find.

Table 3 shows that oral hearings have a higher success rate than paper hearings. Tables 5-5(ii) show that successful appeals are most likely where the appelant attends with a rep.

70% (approx) of attended hearings succeed, whereas only approx 30% of "paper hearings" succeed.

Lin

Doranora

Thanks for that information - I knew I'd seen it somewhere although think it was somewhere else on the web.

Had a call from the CAB today, the one I was worried was outside my area, and I've an appointment to see a welfare and benefits adviser in two weeks' time, so it seems as if I might get the representation I was after in the end. I do hope so.

Doranora

Just had another brown envelope this morning.

Not the written reasons for refusal, which I phoned about yesterday and was told that my file was still with the New Claims department, but this is about IB50 (which I don't get, being on SDA) and a questionnaire to fill in.

Not sure if I spy a connection or coincidence.

~Chameleon~

Doranora wrote: »

Just had another brown envelope this morning.

Not the written reasons for refusal, which I phoned about yesterday and was told that my file was still with the New Claims department, but this is about IB50 (which I don't get, being on SDA) and a questionnaire to fill in.

Not sure if I spy a connection or coincidence.

There is definitely a connection!!!

I recently had my DLA award reduced from HR care to LR care, which I'm still awaiting a new decision having asked them to look at it again, and within a week or two of that happening I also received an IB50 form to complete and return!

Whilst on HR care I was exempt from having to fill one of these out so it came as a bit of a shock to receive it, plus the added stress of possibly facing a medical etc.

However, I managed to misplace the form somehow and phoned them to request another one as I was worried because i only had a few days left to return it, and that was almost a month ago now and I've still not received the replacement!

What I'm really hoping now is that the DLA is reinstated back to HR care before I do receive and have to return the IB50 so I can just write "exempt" on it and not have to worry any further

Good luck with your appeal! I'm hoping against hope I don't have to go down that road myself, although I'm not sure I will be able to appeal against a reconsideration as I didn't request an appeal within a month of the original decision being made

Doranora

Interesting, isn't it, Chameleon? I'd not heard anything from them for years before now. Which might be why I have now, I guess, but it does make you wonder. Do hope it works out okay for you and the reinstatement of your DLA means you don't have the extra worry of the IB form.