Advice on DLA appeal please

msfortune

I've just received a form from the Tribunals Service and would like some advice on how to proceed please.

I've suffered with SPD (Symphysis Pubis Dysfunction) since I was 16 weeks pregnant with my 2nd child which causes pain in my pelvic region, back, hips, legs, etc. I didn't know anything about the condition until it was diagnosed and was then led to believe that it would go within a few weeks of the birth. It's now over 3 years since I was diagnosed and I'm still finding this condition very debilitating. I've tried physio, acupuncture, etc to no avail and am left in constant pain which is worsened on exertion.

To continue with my appeal can someone suggest whether I should go for an oral hearing or a paper hearing? I'm really worried as other people (even family and friends) seem to look at me and not think anything is wrong, they don't seem to get it that if I try to lead a normal life then I am left in agony or bedbound for days afterwards. Occasionally they make partronising comments like "how's your tummy/back/hips nowadays?". My OH is very understanding as he sees what has really happened to me and takes the pressure off me as much as he can, but even he is frustrated by the effect the SPD is having on our lives and that of our children.

My case is being disputed as they say my walking ability is not so limited to be described as virtually unable to walk most of the time, that I can manage my needs with very little help and I can cook a meal for one by mainly sitting. I was very honest and gave them a picture of my good days and bad days stating that if I did do normal day to day things I would be left unable/virtually unable to walk, wash, dress, use the toilet or prepare a meal on my own and if OH did not lighten my load this really would be the case. I've also had to give up work and have ended up on medication for depression. I'm only in my mid thirties and never expected to end up like this and to feel so useless watching OH having to do everything I should be capable of.

If I go to an oral hearing I'm concerned they will look at me and think nothing is wrong, but if I go for a paper hearing they may just dismiss my case. Is there any other evidence to back up my appeal letter and the reports from my GP?

Thank you for listening.

MidLifeCrisis_3

Me too, maybe we should consider starting an SPD Support Thread, seems more common than many of us are told.

MLC

alwaysonthego_2

Go to the CAB and make an appointment with welfare rights officer who will help you build up a case. Usually suggested is doctors letter, physo evidence etc.

Good luck!

wolfehouse

there is a greater statistical chance of sucess with an oral hearing (over a paper one)

jodie114

i have spd and back problems, an have a dla tribunal appeal next week. i have tried a paper appeal and it was dismissed, so i am tryng a oral this time. I think its easier to explain in person how these things affect you daily (its impossible to know when you look normal !) so that is what i am going to do.
I have been told that evidence can also be from a carer if you have one ( mine is my husband because he see's me at my worst) and also any hospital appointments that have helped. Also evidence that you have tried physio etc can help.
I found the best bet was to basically swamp them rather than think of something later i wish i had put down.
fingers crossed for next week and i will let you know what its like!

jodie

[Deleted User]

Oral hearings have around a 50% success rate,paper hearings are far less likely to succeed.Gather any evidence you can but only use it if it helps your case,good free advice can be found on the site linked below
Youreable.com | Benefits

msfortune

Thanks so much this advice is really giving me a confidence boost, I wanted to choose a paper hearing as it seemed the easy option, but will now will opt for an oral hearing and start to gather my evidence together and take OH along with me. Although my GP has been great, OH was the one that made my GP really sit up and listen as OH knows what I'm like for dumbing things down and this is really affecting him and our kids too.

Good luck with your appeal next week Jodie, keep us posted on how you get on.

Makes me mad when you see these people who have been claiming disability for years and are running marathons, winning martial art competitions, etc. Thanks to them they are making it really tough for the genuine cases. Maybe we should contact them to see how they did it!

[Deleted User]

msfortune wrote: »

Thanks so much this advice is really giving me a confidence boost, I wanted to choose a paper hearing as it seemed the easy option, but will now will opt for an oral hearing and start to gather my evidence together and take OH along with me. Although my GP has been great, OH was the one that made my GP really sit up and listen as OH knows what I'm like for dumbing things down and this is really affecting him and our kids too.

Good luck with your appeal next week Jodie, keep us posted on how you get on.

Makes me mad when you see these people who have been claiming disability for years and are running marathons, winning martial art competitions, etc. Thanks to them they are making it really tough for the genuine cases. Maybe we should contact them to see how they did it!

well they do it quite easily,by committing FRAUD not something i or anyone with half a brain wants to do.Luckily although they often make the front page of the daily mail such cases arent as common as some people would have us believe,and the vast majority of claimants are 100% genuine

kerry69

I had a oral tribunal a couple of years ago and i think everyone should have one because then it will be only the genuine cases that get granted. Yes it is very frustrating seeing these people get dla when they really shouldnt!! When us the genuine people have to fight so hard! The tribunal is not as bad as you would think you will get asked alot of questions the same as on your dla form but needing abit more detail it is always easier to talk than trying to put it on paper and you can explain alot easier. When you are a genuine case you should have nothing to worry about! I put together a folder of information about my condition and all my treatments and things i have tried and presented it on the day, with that and being able to answer all there questions with going into more detail. Doing this you will have nothing to worry about.

Take Care
and all the best

Kerry

Poppycat

I had an appeal last week, I had a disability advisor with us from a local charity. The DLA people wasnt there I gather this is quite common

My case was not that my daughter wasnt entitled to DLA as she now gets it but the level of backdate she was entitled too. I was told that the most I could claim for the 4 months she didnt get was a month, as they disregard 3 months from the date of the form. Basically when we applied we had just moved house, everything was topsy turvy

I accept the fault was on our part, but I do feel she shouldn't have have been penalised for the delay

We didnt win as the chairman who was very understanding said basically there was no right to appeal based on the delay, had she previously got dla we may have had case.

Before the case the clerk did inform us of the procedure, it was very informal tbh and it did make me more relaxed, so dont worry.

nm8553

our experience is that the whole process is a bit of a lottery.
It's easy to understand why consistent outcomes are hard to achieve with so many potential variables but the forms aren't designed to help and different assessors seem to apply the guidelines very differently indeed.

I found that an initial written appeal helped us to gather evidence and rationalise and organise the claim.
Presenting the same information to an oral appeal has a greater chance of success however