DLA Tribunal Appeal advise needed please

meldarion

Thankyou firstly too all who read this.
Since the beggining of this year ive been attempting to claim DLA.
For 6 years ive been on incapacity benifit because of a decorating accident which left me with seriouse back pains, about 2 and a half years ago i became type 1 diabetic and its been a hell trying my best to keep it under control 5 injections per day + 2 tablets.
My claim for DLA was turned down and i asked for them to look at the decision again though the form they sent to me. Which they still rejected my application for DLA but 2 very strange things confusing about the information they have.
One thing is that they based their desision in part from a report from my GP i spoke to my GP about this as i am getting a report to take to the tribunal with me and my GP tells me he has written no such report.
Secondly when i had a visit from one of the DWP's doctors he told me he would be getting in touch with my diabeties specialist. The thing it is impossible that he did that as the specialist was on holliday at the time and im going to try to get a report from him today.
The biggest part of all this is that i dont know how i can been seen by their doctors over the past 6 years and be registed as incapacitated, shurly if one is incapaciteded for 6 years and the forseeable future how can i not be seen as disabled.
I know this has turned a little bit into a rant but my nerves are getting to me, i cant sleep. once i get this report from the specialist today i'll have his report, my gp's report "which clearly states i have impaired mobility" a detailed letter from my partner about how she helps me in day to day things, and i'll be sending that lot off tomorrow with my written letter asking to appeal befor a tribunal.
from what ive read the DWP can choose to change their decision based on what im sending them instead of letting the case go befor a tribunal which to be honest is what im truly hoping for, as im getting very nervouse about it hence the post on here. Maybe someone has a little advice or just a few words to help calm my nerves.
All those who do reply, you have my great apreciations

Morglin

It sounds as if they have based their decision on the EMP report, so send all the reports you have off to them, telling them you wish to appeal.

Tribunals are nothing to worry about - you should try to attend, as 70% of attended appeals succeed, whereas only 30% of non-attended do. They consist of a 3 person panel - generally a doctor (although they won't examine you), a legally qualified person, and a disabled person.

The DWP rep may or may not attend, and the panel will ask you questions as to how your disability affects you.

You can take someone with you, and they are pretty informal. If you can, it may be worth asking the CAB to refer you to a welfare rights worker, who will help you with it.

This link may help you:

http://www.rnib.org.uk/xpedio/groups/public/documents/publicwebsite/public_appeal_decision.hcsp#P57_4057

Lin

meldarion

Thankyou very much for your reply Morglin, unfortunatly i have no idea what is on that EMP report but on the upside my GP and the diabetic specialist im seeing today are both very understanding to my condition and will both support me. The EMP's examination was what i thought lacking but with him suggesting a pain clinic and the possibility of an epidural *oh god no* i thought he had seen enough, obviously not, it's all quite disstressing those six years ago befor my injury i was well into my business mannagement training, i had my own business plan with GTR who help with staring new businesses which i was close to starting. But the DWP dont seem to understand that if i could i would be off incapacity bennifit and back into my training in a heartbeat if it where possible. But the DWP arent exactly known for their compasion from all the post ive been reading on here all night. My hope is that those at the Tribunal will be a bit more understanding.

Hapless_2

Ask for the EMP report, get it ASAP then you can see what they wrote.

TOBRUK

I have been to a couple of tribunals in the past and although you do get nervous there is no need to be, just keep calm and take your time to answer their questions. I do agree with Lin and in my opinion you should attend however difficult it may be to do so.

You have stated that your GP supports you in your claim and will write you a report so that you can take it with you to the tribunal, this is excellent as they will only look at what they already have in the tribunal and whatever you bring with you.

Do not get worked up about going, I know it's only natural but it won't be as bad as you think. Please make sure you go and good luck to you.

meldarion

Well after getting hardly any sleep with how much all this is weighing on my mind today turned out to be an truly terrible day.
I went to the hospital for my review which although went well the specialist i needed to see was on holiday which does make me wonder why i even had an appointment to see him in the first place.
Then upon arrving home i had received a copy of claim pack for DLA which i requested because foolishly enough i did not make a copy of it myself.
Now i know that would normaly be a good thing but as i said in my first post my GP told me he had sent no report to the DWP but lo and behold attached to the back of my claim pack is a report from my GP.
Normaly i would not disclose such information publicly but well ther is no information!
Relevant Clinincal Findings: This secticon of the report has nothing but a tick on it? the next section is supposed to list my medication, control of condition and prognosis, it only lists my medication.
the next section self care washing dressing ect. what looks like one word but is an unreadable scribble is the only thing ther and the same applys for the sections on insight and awareness of danger, abbility to get arround.

Im totaly shocked by this, its no wonder i have been turned down for my DLA in my first post i tell you all that i know my GP will support me, as his words to me wher "i'll do all i can to support you the best i can with your claim as i support all my patients" what a fool i was to believe that. I'm so depressed by this and now im in for another sleepless night of tooth grinding. I can only hope that i can get a revised report from my GP but what on earth do i say to him?
The only thing i can think of to do is to ask him to write a report for me and put on it key points from the what i now know the DWP is looking for from him. Seeing as he told me he never wrote one in the first place should i just fail to mention the report i now have and just send in the new one. Or be 100% honest and show him the DWP report he apparently did not write and ask him to revise it?
I fear im going to look like a fool when they arrange a tribunal for me, the EMP report i havnt got "yet" is doubtfull to be helpfull from what i have read on here, my GP has sent them a practicaly blank report. i was worried about all this befor, but now i am actualy frightened.

I would be eternaly greatfull to anyone who can offor me a small helpfull slice of advice.

Thankyou all for reading.

Morglin

If you have seen an EMP, then s/he will have made their own report, based on their examination of you.

If you can, I would certainly ask your GP, consultant or any other health professional you are involved with to send a report.

I wouldn't worry too much about the tribunal - they are used to less than useful GP reports, and they will ask you to say how your disability affects you, and what things you find hard/impossible to do now.

Before you go, have a think about all that you find difficult and make notes - it's easy to forget silly things that you cannot do.

Think about how you are on "bad days" - most disabilities ebb and flow a little.

The tribunal won't be asking "trick" questions - they just want to know what the problems are, and what level of DLA (if any) should be given.

If you are really getting stressed, then see if your CAB can refer you to a welfare rights worker to help you to deal with the appeal.

Lin

TOBRUK

I'm sorry that you've had a knock with the revelation of what your GP did, or didn't do! Perhaps you could go and see him and explain that you were a little disappointed, that you'd had a copy of his comments and think that maybe he could elaborate as they needed more information about your condition than he put down. I know it is very difficult but don't worry about it, and as Lin has said don't worry too much about the tribunal - I have been to a couple in the past and yes I was worried but I had written things down of what I wanted to say and took the notes in with me - there is no problem with that and they do not rush you.

I remember when I went and was worried about the situation, the thought of a 'tribunal' as it sounds like a court, all sorts of things were going through my head but it was just a room with a table, one side sat 4 people and then I was the other side of the table with my sister - it was a very calm atmosphere and quite informal. Try not to get worked up about it and do speak to your GP, after all he did say he would support your claim and therefore would want to know the outcome of your application and want to help you further.

It_has_to_get_better!

Hi
I have been reading this thread with great empathy. I too am currently going through the system of a DLA Appeal and wondered if anyone can help advise me too?
I suffer from a rare condition called Addisons Disease, Adrenal failure and also a Pituitary Tumour. I have been on steroid therapy (ongoing) for 2 years and have not worked for 3 years due to the nature of this condition. The main symptom is chronic fatigue and awful headaches (there are other symptoms but I won't bore everyone with it at the mo). Basically, I was awarded DLA Care Component Lowest Rate for 18 months which ended last December. I had to re-apply last summer and was turned down in Feb 07. I went to appeal and opted for the Written/Paper Hearing as I also suffer from anxiety/panic attacks and due to the nature of this condition I must avoid stress (not being a coward - honestly). And I said I could not attend an Oral Hearing or be put through an EMP at home. I submitted a supportive letter from my GP and a statement from myself explaining what I find difficult and my quality of life. Apparently, due to the rare nature of this condition it is not easy for them to assess. Feedback examples that I have read on my file discuss the fact that many of my symtoms are like Chronic Fatigue Syndrome yet because I have not been diagnosed with CFS, I cannot possibly have the symptoms - just laughable!
The Tribunal Panel met on 22nd Aug and I had been advised by people I know not to hold out much hope for a successful award based on a Paper Hearing as there is an 80% Refusal rating. But a strange thing has happened and I am wondering what to do. The Panel was unable to make a decision based on the written evidence and has asked for further information: EMP at home and Oral Hearing. I have told them that I cannot go through this as I am terrified and also believe that they will simply tie me up in knots. I don't know of anyone who has a positive experience from this type of assessment.
Can anyone shed any light on this please? Do I have to go through the Oral Hearing and EMP?

crutches

TOBRUK wrote: »

I remember when I went and was worried about the situation, the thought of a 'tribunal' as it sounds like a court, all sorts of things were going through my head but it was just a room with a table, one side sat 4 people and then I was the other side of the table with my sister - it was a very calm atmosphere and quite informal. .

unfortunately tribunals in north west wales are held in the full court room with
the panel on the bench.Not very nice at all.I wish i had been warned.even when i got my letter i expected a side room or chambers not the full works.
I hope you have a good location and helpful panel
good luck.

Morglin

It_has_to_get_better! wrote: »

Hi
I have been reading this thread with great empathy. I too am currently going through the system of a DLA Appeal and wondered if anyone can help advise me too?
I suffer from a rare condition called Addisons Disease, Adrenal failure and also a Pituitary Tumour. I have been on steroid therapy (ongoing) for 2 years and have not worked for 3 years due to the nature of this condition. The main symptom is chronic fatigue and awful headaches (there are other symptoms but I won't bore everyone with it at the mo). Basically, I was awarded DLA Care Component Lowest Rate for 18 months which ended last December. I had to re-apply last summer and was turned down in Feb 07. I went to appeal and opted for the Written/Paper Hearing as I also suffer from anxiety/panic attacks and due to the nature of this condition I must avoid stress (not being a coward - honestly). And I said I could not attend an Oral Hearing or be put through an EMP at home. I submitted a supportive letter from my GP and a statement from myself explaining what I find difficult and my quality of life. Apparently, due to the rare nature of this condition it is not easy for them to assess. Feedback examples that I have read on my file discuss the fact that many of my symtoms are like Chronic Fatigue Syndrome yet because I have not been diagnosed with CFS, I cannot possibly have the symptoms - just laughable!
The Tribunal Panel met on 22nd Aug and I had been advised by people I know not to hold out much hope for a successful award based on a Paper Hearing as there is an 80% Refusal rating. But a strange thing has happened and I am wondering what to do. The Panel was unable to make a decision based on the written evidence and has asked for further information: EMP at home and Oral Hearing. I have told them that I cannot go through this as I am terrified and also believe that they will simply tie me up in knots. I don't know of anyone who has a positive experience from this type of assessment.
Can anyone shed any light on this please? Do I have to go through the Oral Hearing and EMP?

The EMP will come out to your home and examine you and talk to you about your difficulties. You can have someone there to support you. Tell him/her of your problems (make notes beforehand if that helps). Be honest and don't play down your difficulties.

I really would advise that you attend the next tribunal, as your chances of success will greatly increase. They will not try to trick you and you will be helped through all the process.

You can find a welfare adviser to go with you (either through the CAB or these people can give details of local advisers:

http://www.clsdirect.org.uk/index.jsp

If the panel have requested further information, then that's positive (in that they haven't just rejected the appeal, which happens with a lot of "paper reviews").

So, although it's a worry, I really would plough on with it all and attend.

Lin