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DLA APPEAL process and tribunals questions

Hey all,

Ok so the first part of my battle was won today as i received low rate care award after my reconsideration. But still no mobility.

So im filling in appeal forms this afternoon with CAB. Im wondering though, do ALL appeals mean you have to attend some kind of court hearing??

Also, what if you have to go to court and your having a good day and walking better than usual and they think your lying! (not too likely but I worry about everything)

Hiya,

Sorry can’t help you on this…but I would also like to know about this…as I’ve had a letter today and I’ve been turned down for mobility and care…I am going to appeal…but not sure how.

It will be interesting to see the answers you get…fingers crossed for you.

Wendyx

Hi, I don’t really know tbh because I never had to appeal but I’d be really surprised if you had to go to court, apart from anything else the court system seems busy enough as it is, I think te whole court system would never cope if they had to deal with people appealing things like dla, think how many cases they’d have to hear if courts dealt with things like this, and also I’ve never heard of a court case like this. I’d get the thought of court out of your head I I was you, I really don’t think the chances of that are likely. As to your appeal, I don’t know because I’ve never been there but I’m sure someone else will be along to advise. Cheryl:-)

The reconsideration is by a decision maker. The appeal is like n informal court hearing. Best take a “friend” to appeal sometimes the disabled law society can help. Orth a ring on monday

[quote=“Wendywu”]

Hiya,

Sorry can’t help you on this…but I would also like to know about this…as I’ve had a letter today and I’ve been turned down for mobility and care…I am going to appeal…but not sure how.

It will be interesting to see the answers you get…fingers crossed for you.

Wendyx

[/quote] Ring 0800 882200 BEL to appeal.

I’ll send you PM

George

ive re read the decision notice, and it seems my mobility was turned down because they reckon if i had ‘suitable aids’ id be able to walk fine.

Hi, I have had DLA appeal tribunal for mobility and care. At appeal I was awarded low care and no mobility. BUT I went in there with no knowledge at all about what was expected. I had no CAB or anyone to help me. Oh those far off days of innocence!!! A year later I had learnt my lesson and reapplied and was awarded high mobility and middle care… (with help of ‘benefits and work’ website).

It is not actually a court… but a panel. Mine was 3 people. A lawyer, a doctor and a physiotherapist. It lasted about an hour and they asked every quesion under the sun. I have to say I was in tears for much of it and felt bullied and intimidated… however everyone does not have the same experience and I have even read of people saying they were sympathetic. So be open minded. Panels vary greatly.

First question: How did you get here today? Now here you would be much better if you have been driven to the door. If you are having a good day I would recommend you walk as you do on a bad day. I know this seems dishonest but they put you in a position of ‘guilty until proven innocent’.

If you use a stick or crutches or wheelchair on a bad day, use it at the appeal. The physio scrutinised my every move.

Try to get someone from CAB to attend with you. If that is not possible, get someone to go with you who can help fight your corner.

Try to remain calm and answer their questions with only the information they ask for. No need to tell them what you had for dinner last night, if you get my meaning.

Answer all questions with information as it is on a bad day. Do not use the words ‘on good days’. If your condition fluctuates considerably (as with many of us with MS) use the words ‘on better days’… avoid the word ‘good’.

I highly recommend that you join ‘benefits and work’ website (about £20 for year membership) as they have excellent advice on all benefit applications and appeals.

Good luck with it and let me know if you have more quesions.

Knowledge is power so learn as much as you can before your tribunal.

Pat x

Hi again, I agree so much with Pat about how you got there, much better if you got a lift to the door than went by bus, and yes, although it sounds dishonest, I think actually walking like you do on a bad day is an excellent idea. Cheryl:-)

Yeah would be a taxi or a lift… havent been able to use public transport more than about 3 times in the last 4 months… there all too far to walk to! Not quite sure what dla peolple think you can do if you can walk 50 metres! lol

Hello,

I dis agreed with the decioin they gave me…awarded nothing.

They sent a doc to my house, then awarded lower rate care but no mobility.

My last option was then to ask for a tribunal hearing.

Then, a lady from DLA called. Said the docs report was hard to interpret (surprise, surprise…it was full of contradictions).

She asked me some questions over the phone and said she wanted to go through all my correspondence thoroughly, befoe putting it throgh for a hearing.

3 days later, she had awarded me higher rate mobility!

Yipee…6 months of arguing finally got the right decision and did not need to go through the stress of a hearing.

Only awarded til next October, when I’ll prob have to start the game again but will cross that bridge when it comes to it.

Good luck!

Can a DLA appeal contain information about new problems… or can it only highlight problems you have already told them about in your original application???

I don’t know about that tbh, but if I new problem had emerged since your original application, I’d certainly be mentioning it. Cheryl:-)

They will only consider things that you mentioned origionally. If you have new or worsened symptoms and need to reapply because of this it is a different process. The tribunal will only look at why the award decision may be wrong in light of the symptoms that were on the original application.

Hi,

I am currently waiting on an appeal date / paperwork etc. I disagree with them not allowing you to mention other problems that may have arisen! They certainly havent mentioned that over the phone when I have been speaking about it. My application was sent in February and I have had two new flare ups on top of everything else. Last week I had another MRI. ! It would be almost impossible to name every single little thing that is wrong with you! I was awarded lower rate care indefinately 5 years ago. then 3 1/2 years ago i applied for mobility. I was granted higher rate for three years.

On Tuesday they are collecting my car as two decision makers and an ATOS GP said I dont deserve any rate mobility. I was clearly not explaining myself very well at all on my original form as stupidly assumed they would know my MS would never improve unless there is a cure! To my kowledge…there isnt! How can they grant me lower rate care forever and take all mobility off me three years on?! As though I am ok again! I broke my foot last summer due to my unstableness with having MS. On a “better day” I can walk a short distance with bareable pain (there is not many days like this) on a bad day I cannot even cope with walking in my house! Because my leags/feet are not good, my ankle has never healed as it should as I couldnt walk properly in the first place! I am still using a crutch! It is very, very weak. If I need to go into my local town centre, I use one of their scooters. I am 30! I just dont get it!

The GP’s report was utterly unreadable! My nurse wrote into the second decision maker and they still refused me! I am making notes against every single bullet point they used as reasons not to award me mobility. I am perfectly entitled to this and I shall fight.

Sorry to have droaned on… makes me so mad :frowning: