DLA tribunal advice?

Toomuchdebt · 5 November 2019 at 1:14PM

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)

Alice_Holt · 5 November 2019 at 7:03PM

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).

Toomuchdebt · 5 November 2019 at 9:11PM

Alice_Holt wrote: »

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 there guides can be very helpful).

Thank you -will take a look at all these as soon as the kids have gone to bed and I can concentrate.

Alice_Holt · 5 November 2019 at 9:52PM

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.

Toomuchdebt · 5 November 2019 at 11:03PM

Alice_Holt wrote: »

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.

Thank you yes I'm about to email a statement over to them now as soon as I have scanned things in.

Toomuchdebt · 6 November 2019 at 12:40AM

The advice now link is awesome. I rewrote my statement using their advice. Now I just have to wait and see.

LocoLoco · 6 November 2019 at 11:56AM

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 · 6 November 2019 at 6:37PM

LocoLoco wrote: »

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...

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

Toomuchdebt · 6 November 2019 at 7:30PM

Alice and Loco thank you both so much-I really appreciate it.

Toomuchdebt · 7 November 2019 at 11:23AM

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.

Alice_Holt · 7 November 2019 at 2:26PM

Toomuchdebt wrote: »

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.

Get your parents to write a brief note you can hand to the tribunal clerk, that describes this and the consequent care needs.

DLA tribunal advice?

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