DLA APPEAL: Where can I find sample witness statements & what questions to ask physio

carla118

Hi all

I have been turned down for DLA and have opted for an oral hearing. For my appeal, I think that it may be a good idea to obtain witness statements from a few friends and family. I thought the whole process might be a little simpler if I could find some sample witness statements, so that my friends and family could use these as a guide. I have had a good search via the internet, but have not really found anything that is suitable, so would like to ask, if anyone knows where I can find some sample witness statements?

It has also been suggested that I should obtain a report from the physiotherapist to whom I was recently seeing, but am not sure how supportive she will be and I am not really sure what sort of questions I should ask, or better still, perhaps how I should phrase them. I find that almost everyone in the medical profession are dismissive and even when you have explained in detail, the medical symptoms or your care needs, they simply neglect to write any of these details down, so any suggestions would be very much appreciated.

Thanks in advance

glossgal

Medical evidence is what you should be focused on as it is usually very hard to win an appeal without it. Have you not sent anything earlier as it's quite late if you only have a few weeks to go? don't want to rain on your parade OP but appeals are tough enough when you do have evidence and a representative.

Also, the witness statements are a bad idea if you ask me and I'd be very surprised if the Tribunal would acknowledge them-let's be honest how do they know you haven't written them yourself?! If you want family support take someone with you in person

lil_me

Reports from friends and family rarely seem to make any difference, probably because they hold bias, I remember attending one appeal where the panel read then rolled their eyes at the numerous witness statements from friends/family I think to be honest they ignored them. Reports from medical professionals however are classed as 'factual' reports (yes it even states that on them, a claim pack is not stated as 'factual') a physiotherapists support is one of the best ones to have to be honest, reports from an OT or Physio seem to be the best two in my experience of supporting people through appeals, they are in many cases the most qualified to comment on care and mobility needs of a patient.

DLA have a standard form they will send to a physio/OT for a report, they have standard questions set on the form. My sons award was thanks to a supporting report from his OT.

lilac_lady

Getting friends and family to say that you should get DLA isn't a good idea. They're not going to say that they don't think you should get it! Medical reports are the important evidence. BTW, what makes you think that your physiotherapist won't support your claim?

suelees1

lil_me wrote: »

Reports from friends and family rarely seem to make any difference, probably because they hold bias, I remember attending one appeal where the panel read then rolled their eyes at the numerous witness statements from friends/family I think to be honest they ignored them. .

If they ignored such evidence this leaves any adverse tribunal decision open to challenge on the grounds of a possible breach of the law of natural justice. The next step would then be to apply for leave to appeal to the Social Security Commissioner.

For practical purposes the rules of natural justice are:-

a) an absence of personal bias
b) an obligation to base a decision on evidence
c) to listen fairly to the contentions of all persons entitled to be represented.

I agree that of course medical evidence is uppermost but let's not leave out evidence from those who know the claimant best.

lil_me

I'm not saying it was officially ignored, but when the decision was made I am VERY doubtful that the statements given helped the case in any way at all. I am talking from experience of sitting in at over 40 hearings as support.

Given what you just commented on, the criteria stated as

b) an obligation to base a decision on evidence

Can a person who is a family member giving a statement be seen as providing unbiased evidence?

glossgal

suelees1 wrote: »

If they ignored such evidence this leaves any adverse tribunal decision open to challenge on the grounds of a possible breach of the law of natural justice. The next step would then be to apply for leave to appeal to the Social Security Commissioner.

For practical purposes the rules of natural justice are:-

a) an absence of personal bias
b) an obligation to base a decision on evidence
c) to listen fairly to the contentions of all persons entitled to be represented.

I agree that of course medical evidence is uppermost but let's not leave out evidence from those who know the claimant best.

Sorry, I don't agree that statements from friends constitute 'evidence' in this setting either and I would personally be embarrassed to submit a Commissioners case on these grounds (I doubt any rep would touch it with a barge pole tbh). Anyway, the question is not whether they would refuse to let OP show them just that they would probably dismiss them in the bigger scheme of things, rightly so IMHO if this is the only 'evidence' on offer. If OP has a friend/reletive as a main carer then this is different and the best option I believe would be for them to attend and contribute to the discussion. How open to abuse would the system be if a person can submit a claim with no medical backing and then produce a 'my mate says so' letter and get an award?? (Not directign that at OP btw)

[Deleted User]

WITH DLA you are asking for help with either/and care/mobility,therefore a written statement from a family member who helps with your care is fine,but just the one,not your whole family,also of course written evidence from support workers,like physios,gps etc,but read them first if they are supportive use them,if not ignore them

calleyw

When we did a written appeal for my husband that we won. We included hospital notes rather than statements from specalists.


Yours

Calley