Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • Toomuchdebt
    • By Toomuchdebt 5th Nov 19, 12:14 PM
    • 2,028Posts
    • 3,873Thanks
    Toomuchdebt
    DLA tribunal advice?
    • #1
    • 5th Nov 19, 12:14 PM
    DLA tribunal advice? 5th Nov 19 at 12:14 PM
    I've received the date for my son's DLA hearing(next Monday but I've had to ask for a postponement as I can't get there for 10am) and they have asked me to email any extra paperwork or information I may have which I will do this evening, but I'm just wondering if anyone has any advice about the tribunal itself as it's a little bit scary. (For information he has dyspraxia and his symptoms haven't changed since he was awarded it but they suddenly decided he didn't need any extra help any more)
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
Page 1
    • Alice Holt
    • By Alice Holt 5th Nov 19, 6:03 PM
    • 3,403 Posts
    • 3,961 Thanks
    Alice Holt
    • #2
    • 5th Nov 19, 6:03 PM
    • #2
    • 5th Nov 19, 6:03 PM
    https://www.advicenow.org.uk/guides/how-win-dla-appeal

    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/disability-living-allowance/dla-appeals/challenge-a-decision-the-tribunal-hearing/

    https://contact.org.uk/advice-and-support/benefits-financial-help/benefits-and-tax-credits/disability-living-allowance/

    https://www.benefitsandwork.co.uk/help-for-claimants (There is a c.20 annual membership fee but their guides can be very helpful).
    Last edited by Alice Holt; 05-11-2019 at 8:26 PM.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Toomuchdebt
    • By Toomuchdebt 5th Nov 19, 8:11 PM
    • 2,028 Posts
    • 3,873 Thanks
    Toomuchdebt
    • #3
    • 5th Nov 19, 8:11 PM
    • #3
    • 5th Nov 19, 8:11 PM
    Thank you -will take a look at all these as soon as the kids have gone to bed and I can concentrate.
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
    • Alice Holt
    • By Alice Holt 5th Nov 19, 8:52 PM
    • 3,403 Posts
    • 3,961 Thanks
    Alice Holt
    • #4
    • 5th Nov 19, 8:52 PM
    • #4
    • 5th Nov 19, 8:52 PM
    You should find the Advice Now guide useful on what to expect at the tribunal.

    If you haven't already done so, it is worth sending a statement to the Tribunal in advance of your hearing.
    This is covered in section 15.

    The key is to show that the child needs more help than other children of their age, as a result of their disability or illness. This can result from physical care needs, or extra supervision, a need to keep the child safe, or additional reassurance, prompting, encouragement.
    It can cover basic daily tasks (eating, dressing. washing, etc), along with developmental and play needs.

    Make the statement brief (do attach relevant medical / school info as evidence, etc), then have more examples with you on the day (take a notebook / diary with you) to talk to the panel about which expand on the points in your statement / DLA form to further demonstrate the extent of the additional care needed.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Toomuchdebt
    • By Toomuchdebt 5th Nov 19, 10:03 PM
    • 2,028 Posts
    • 3,873 Thanks
    Toomuchdebt
    • #5
    • 5th Nov 19, 10:03 PM
    • #5
    • 5th Nov 19, 10:03 PM
    You should find the Advice Now guide useful on what to expect at the tribunal.

    If you haven't already done so, it is worth sending a statement to the Tribunal in advance of your hearing.
    This is covered in section 15.

    The key is to show that the child needs more help than other children of their age, as a result of their disability or illness. This can result from physical care needs, or extra supervision, a need to keep the child safe, or additional reassurance, prompting, encouragement.
    It can cover basic daily tasks (eating, dressing. washing, etc), along with developmental and play needs.

    Make the statement brief (do attach relevant medical / school info as evidence, etc), then have more examples with you on the day (take a notebook / diary with you) to talk to the panel about which expand on the points in your statement / DLA form to further demonstrate the extent of the additional care needed.
    Originally posted by Alice Holt
    Thank you yes I'm about to email a statement over to them now as soon as I have scanned things in.
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
    • Toomuchdebt
    • By Toomuchdebt 5th Nov 19, 11:40 PM
    • 2,028 Posts
    • 3,873 Thanks
    Toomuchdebt
    • #6
    • 5th Nov 19, 11:40 PM
    • #6
    • 5th Nov 19, 11:40 PM
    The advice now link is awesome. I rewrote my statement using their advice. Now I just have to wait and see.
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
    • LocoLoco
    • By LocoLoco 6th Nov 19, 10:56 AM
    • 312 Posts
    • 396 Thanks
    LocoLoco
    • #7
    • 6th Nov 19, 10:56 AM
    • #7
    • 6th Nov 19, 10:56 AM
    Just as a reassurance, OP, I've done several appeals now on my son's behalf and although it can feel intimidating, I've always found the panel to be fair and very aware that you're a parent and it might be a situation you find difficult or uncomfortable. I found they asked questions to clarify certain aspects of my son's conditions and how they affect him and they weren't trying to catch me out or trick me in to saying the wrong thing - they aimed to apply the law fairly to each point and ensure the right decision was reached (we've won three now, lost one but I did know our chances were slim going in as he was borderline as to whether or not he met the criteria but I thought it was worth a shot). So although nerve wracking, I found it a fair and reasonable process each time and if you've not got more info under your belt thanks to Alice Holt's useful guides then you should find it a bit less nerve wracking Good luck! x
    • Alice Holt
    • By Alice Holt 6th Nov 19, 5:37 PM
    • 3,403 Posts
    • 3,961 Thanks
    Alice Holt
    • #8
    • 6th Nov 19, 5:37 PM
    • #8
    • 6th Nov 19, 5:37 PM
    Just as a reassurance, OP, I've done several appeals now on my son's behalf and although it can feel intimidating, I've always found the panel to be fair and very aware that you're a parent and it might be a situation you find difficult or uncomfortable. I found they asked questions to clarify certain aspects of my son's conditions and how they affect him and they weren't trying to catch me out or trick me in to saying the wrong thing - they aimed to apply the law fairly to each point and ensure the right decision was reached...
    Originally posted by LocoLoco
    That's a really good description of a hearing, and I would agree with all LocoLoco points.

    The tribunal are there to decide if the DWP decision was wrong or right.

    So give them all the information they ask you about as fully as possible. They will be thorough, but I've also found them friendly and fair to the claimant. Make it easier for the panel by giving them the evidence (written and verbal) to support your appeal and make sure they are aware of all your child's care needs.

    This is telling:
    https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Toomuchdebt
    • By Toomuchdebt 6th Nov 19, 6:30 PM
    • 2,028 Posts
    • 3,873 Thanks
    Toomuchdebt
    • #9
    • 6th Nov 19, 6:30 PM
    • #9
    • 6th Nov 19, 6:30 PM
    Alice and Loco thank you both so much-I really appreciate it.
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
    • Toomuchdebt
    • By Toomuchdebt 7th Nov 19, 10:23 AM
    • 2,028 Posts
    • 3,873 Thanks
    Toomuchdebt
    They called me this morning and offered me a new time of 10:50 so I will be going on Monday. I don't feel very hopeful about it to be honest, School have been a bit slow providing any evidence so all I have is last year's report which shows he is under target in all core subjects, and his previous notes where they provided extra help. The trouble is his behaviour at school and at home are really different. It's like he tries so hard at school that he just can't manage to do it at home. Trouble is because he doesn't have screaming fits at school I have no evidence of them-it's just me and my parents and random people on the street who have witnessed it. I suspect we will lose tbh.
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
    • Alice Holt
    • By Alice Holt 7th Nov 19, 1:26 PM
    • 3,403 Posts
    • 3,961 Thanks
    Alice Holt
    They called me this morning and offered me a new time of 10:50 so I will be going on Monday. I don't feel very hopeful about it to be honest, School have been a bit slow providing any evidence so all I have is last year's report which shows he is under target in all core subjects, and his previous notes where they provided extra help. The trouble is his behaviour at school and at home are really different. It's like he tries so hard at school that he just can't manage to do it at home. Trouble is because he doesn't have screaming fits at school I have no evidence of them-it's just me and my parents and random people on the street who have witnessed it. I suspect we will lose tbh.
    Originally posted by Toomuchdebt
    Get your parents to write a brief note you can hand to the tribunal clerk, that describes this and the consequent care needs.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
    • Spoonie Turtle
    • By Spoonie Turtle 7th Nov 19, 2:31 PM
    • 244 Posts
    • 153 Thanks
    Spoonie Turtle
    I don't know what your son's condition/s are and I'm not presuming to ask, but for autistic children and adults 'masking' is an almost universal phenomenon - basically holding it together in public, and for children especially they then fall apart at home because they just don't have the energy to do it all the time.

    It sounds like your son holding it together at school then having to decompress once home because he's used all his energy for behaving at school is a very similar principle, and hopefully it should be recognised. If you can find a relevant term for it in the context of his condition/s that may help.
    • LocoLoco
    • By LocoLoco 7th Nov 19, 2:54 PM
    • 312 Posts
    • 396 Thanks
    LocoLoco
    I don't know what your son's condition/s are and I'm not presuming to ask, but for autistic children and adults 'masking' is an almost universal phenomenon - basically holding it together in public, and for children especially they then fall apart at home because they just don't have the energy to do it all the time.

    It sounds like your son holding it together at school then having to decompress once home because he's used all his energy for behaving at school is a very similar principle, and hopefully it should be recognised. If you can find a relevant term for it in the context of his condition/s that may help.
    Originally posted by Spoonie Turtle



    OP, I'd like to second what Spoonie Turtle has said, 'masking' is incredibly common and I don't think I've ever met a parent whose child is the same at school and home; a lot of kids hold it together during the day and then fall apart when they get home (my own son included). If your child is autistic then it would be worth you contacting the Autistic Society for some information about masking and if they have a different condition then try contacting the relevant organisation for that to see if they can help. The panel would ordinarily be familiar with 'masking' and it isn't unusual to see different behaviours in different environments. You won't be the first person to sit in front of them describing that Try to focus on the extra help you have to give him and describe that. Even if you don't feel hopeful I would try to look at it as a chance to experience the setting and learn more about the process and then at least that way if you aren't successful this time you'll be better prepared for something similar in the future, but as has been said, what you describe is very common so I wouldn't write the situation off just yet
    • Toomuchdebt
    • By Toomuchdebt 7th Nov 19, 9:47 PM
    • 2,028 Posts
    • 3,873 Thanks
    Toomuchdebt
    Get your parents to write a brief note you can hand to the tribunal clerk, that describes this and the consequent care needs.
    Originally posted by Alice Holt
    Oh I didn't think of that

    I don't know what your son's condition/s are and I'm not presuming to ask, but for autistic children and adults 'masking' is an almost universal phenomenon - basically holding it together in public, and for children especially they then fall apart at home because they just don't have the energy to do it all the time.

    It sounds like your son holding it together at school then having to decompress once home because he's used all his energy for behaving at school is a very similar principle, and hopefully it should be recognised. If you can find a relevant term for it in the context of his condition/s that may help.
    Originally posted by Spoonie Turtle
    He has dyspraxia and hypermobility and I also suspect he has ADHD

    OP, I'd like to second what Spoonie Turtle has said, 'masking' is incredibly common and I don't think I've ever met a parent whose child is the same at school and home; a lot of kids hold it together during the day and then fall apart when they get home (my own son included). If your child is autistic then it would be worth you contacting the Autistic Society for some information about masking and if they have a different condition then try contacting the relevant organisation for that to see if they can help. The panel would ordinarily be familiar with 'masking' and it isn't unusual to see different behaviours in different environments. You won't be the first person to sit in front of them describing that Try to focus on the extra help you have to give him and describe that. Even if you don't feel hopeful I would try to look at it as a chance to experience the setting and learn more about the process and then at least that way if you aren't successful this time you'll be better prepared for something similar in the future, but as has been said, what you describe is very common so I wouldn't write the situation off just yet
    Originally posted by LocoLoco
    Thank you I will try to stay positive
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
    • Spoonie Turtle
    • By Spoonie Turtle 7th Nov 19, 10:59 PM
    • 244 Posts
    • 153 Thanks
    Spoonie Turtle
    Oh, there seems to be quite a correlation between hypermobility and sensory regulation difficulties + neurodiverse traits. (I was hoping the HMSA would have some readily-found info about this but a quick look through their site didn't turn up anything. Everything that I've read has been things I've come across on Twitter, but as it's not actually my area I don't have any sources to hand.)

    Attempting to function with dyspraxia on top of all that, plus the difficulties that cause you to suspect ADHD, must be absolutely exhausting for your son.

    [Btw if there are any accommodations you or any assessing agencies have requested/recommended for school but they are not implementing them, that may add some extra weight to your account of what happens when he comes home. If he's not receiving all the support that would help him cope with school then he'd be using even more energy to keep it together during the day.]

    I have zero experience (yet) at fighting for benefit entitlement but having worked in a school, I've heard your kind of account many times with many children, with all sorts of diagnosed - and undiagnosed - difficulties. So go in believing they will take your account seriously, because there is no reason they shouldn't
    • Toomuchdebt
    • By Toomuchdebt 8th Nov 19, 5:40 PM
    • 2,028 Posts
    • 3,873 Thanks
    Toomuchdebt
    Oh, there seems to be quite a correlation between hypermobility and sensory regulation difficulties + neurodiverse traits. (I was hoping the HMSA would have some readily-found info about this but a quick look through their site didn't turn up anything. Everything that I've read has been things I've come across on Twitter, but as it's not actually my area I don't have any sources to hand.)

    Attempting to function with dyspraxia on top of all that, plus the difficulties that cause you to suspect ADHD, must be absolutely exhausting for your son.

    [Btw if there are any accommodations you or any assessing agencies have requested/recommended for school but they are not implementing them, that may add some extra weight to your account of what happens when he comes home. If he's not receiving all the support that would help him cope with school then he'd be using even more energy to keep it together during the day.]

    I have zero experience (yet) at fighting for benefit entitlement but having worked in a school, I've heard your kind of account many times with many children, with all sorts of diagnosed - and undiagnosed - difficulties. So go in believing they will take your account seriously, because there is no reason they shouldn't
    Originally posted by Spoonie Turtle
    School have sent me an email stating that he is below the expected standard, that he needs tasks explaining more than once, and that his mood affects his learning, so I'm hoping that will help too.
    I have asked that he gets extra support with his writing but they have not implemented anything yet.
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
    • Toomuchdebt
    • By Toomuchdebt 11th Nov 19, 4:42 PM
    • 2,028 Posts
    • 3,873 Thanks
    Toomuchdebt
    Thank you all for your help. I had the tribunal this morning but I feel like it went terribly. They were running an hour late so didn't make a decision today and will write to me so I'm pretty sure they will say no. Oh well. It was worth a try.
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
    • poppy12345
    • By poppy12345 11th Nov 19, 6:32 PM
    • 6,144 Posts
    • 5,682 Thanks
    poppy12345
    Thank you all for your help. I had the tribunal this morning but I feel like it went terribly. They were running an hour late so didn't make a decision today and will write to me so I'm pretty sure they will say no. Oh well. It was worth a try.
    Originally posted by Toomuchdebt
    It's not unusual for them not to make a decision on the day of the hearing, it depends on the case. This doesn't mean no award has been given. Lots of people don't have the decision on the day and they go on to have a decision in their favour.



    You should receive a letter within in a few days because they're usually very quick sending the decision letter.


    Don't think the worst!
    • Toomuchdebt
    • By Toomuchdebt 11th Nov 19, 8:07 PM
    • 2,028 Posts
    • 3,873 Thanks
    Toomuchdebt
    It's not unusual for them not to make a decision on the day of the hearing, it depends on the case. This doesn't mean no award has been given. Lots of people don't have the decision on the day and they go on to have a decision in their favour.



    You should receive a letter within in a few days because they're usually very quick sending the decision letter.


    Don't think the worst!
    Originally posted by poppy12345

    Thanks poppy I'm just trying to not get my hopes up really.
    Debts Jan 2014 20,108.34

    EF #70 0/1000

    SW -13.5lbs
    • LocoLoco
    • By LocoLoco 12th Nov 19, 9:06 AM
    • 312 Posts
    • 396 Thanks
    LocoLoco
    I hope it's a good outcome for you OP, we did have one tribunal that I was certain had gone terribly badly. They gave me the answer there and then and I was so gobsmacked when they said they were awarding him the higher rate that I asked them to repeat it and then asked them if they were sure lol. I know that doesn't make any difference to the outcome of yours but I hope it's a good outcome and if it isn't, at least you've done it, you know what it's like now and you can use the experience if you find yourself in a similar situation again. But I hope it has gone better than you think it has x
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

120Posts Today

1,566Users online

Martin's Twitter