DLA Tribunal - any advice (and a small rant)?

Everyday living
1

Hi All,

Well, I have my DLA Tribunal on Thursday, and I wondered if anyone could give me some idea what to expect? It’s been going around in my head for months now, and I can’t wait to get it over and done with.

I was awarded HRM (high rate mobility) and LRC (low rate care), but my condition has deteriorated over the past few years and I really do need some help now. I probably wouldn’t have appealed if they hadn’t ignored what I have written and the evidence that I have sent in, and they haven’t written to any of my specialists, so I am now a woman on a mission!

I’m sorry for ‘going off on one’, but I had a letter today saying that they won’t reconsider in light of the latest evidence that I submitted. It was a letter from the lovely balance specialist saying that using a stick won’t stop me from falling over (due to vestibular deficit), which is what I have been told. I’ve already sent an OH report which says that I am at high risk of falling. And I’ve also been told that I don’t need help with meds, despite not being able to do my own injections (hand tremors) or remember what to take and when (cognitive issues). I need help in the night as I have terrible night sweats (‘probable’ autonomic dysfunction) and wake up wet and cold, and getting to the toilet in the night, but they have ignored this completely.

It is so frustrating that even if you provide evidence (and I have sent in as much as I can for various issues) they can choose to ignore it.

There, rant over (sorry again)! If anyone has any experience, or idea of what I can expect, I would really appreciate the help as my stress levels are climbing!

Mags :slight_smile: xx

2

Hi Mags

I attended many appeals (DLA) when I was a Trustee and everyone I went to received a maximum award. I am not saying it was me that got them a higher award; far from it. I think because I was introduced to the board as a ‘Trustee of the MS Society’ it gave a certain gravitas that you mean business.

Unfortunately I was told off for doing this but you will see below the DIAL address who I believe will attend; very important someone goes with you.

The DLS website has free advice on appeals and all manner of topics.

You can appeal by ringing 0800 882200; you will then receive all the correspondence from your doctors so will see who is to blame. It is invariable your Neuro or GP who are being scarce with the truth: the DLA assessor can only go on what’s in front of them. Sorry to say ATOSers are now involved they seem to be reading from a different hymn book.

The answers below are occurrences doctors would not know about. It is far better to attend a hearing but you can ask for one in your home (bit self destructive if your not badly affected) or a reconsideration (bit pointless as they have already made a decision).

At the appeal there are 3 people asking questions, a doctor, solicitor and social services agent. Don’t worry there usually very nice and make you feel at home.

Just a few ideas of the way you should answer the questions.

While hobbling along the High Street I keep near to the shops. This aids me in two ways; I am less likely to fall into the road and I can stop and look in shop windows to get a rest. I can testify that Ann Summers has the best window display, lol.

To get High Rate you must show you need help during the night. Say something like, “I get up 2/3/4 times per night to go to the toilet, sometimes to no avail.” “My wife has to accompany me; this takes about 45 minutes each time and obviously breaks her sleep.” “It’s amazing just knowing she is there gives me so much confidence.” “She has to accompany me because once I fell over and slept where I lay that night, good job it was the middle of summer and warm.”

Contact DIAL http://www.dialuk.info/ who will come around your house and help with the forms. Or Benefits and work http://www.benefitsandwork.co.uk/ who give excellent advice costs £19.40 per year. The DLS give excellent free advice http://www.dls.org.uk/advice/factsheet/factsheets_download.html it is essential you get help.

The hearing lasts about 20 minutes and then you are asked to go to another room. Another 20 minutes and then you are asked back in and told the result. It is very important to have someone attend with you.

If you can walk 40 yards but are dizzy or in pain after 1 yard the answer to their question is you can’t walk.

Simple rule ‘don’t say one word when 100 will do’ in other words explain in detail. Always quote your worst; they appreciate MS is a variable condition but don’t you say it. Be very careful though as there are some mistakes you could make like do not say you’re housebound as that begs the question why do you need the mobility component? Say “I would like to go out more if I could afford to” The examples are that examples if they are not true don’t use them.

Good luck

G

3

Thanks G,

Have sent evidence from balance specialist, neuro, rheumatologist, OH and MS Nurse to cover as much as I can. Will just have to hope that the Tribunal peeps read it…xx

4

There’s nothing in my Tribunal pack to show that they’ve written to anyone…

5

Hiya darlin,

Straight away there is a discrepancy; how can any decision be made on your health without the opinion of a professional (doctor) who should be aware of your requirements.

Personally I would insist on them getting their opinion. Although I realise DLA is a legal question surly no decision can be made without a doctor’s report.

Good luck; any new allowance will be backdated to the day you first applied. So until everything is correct put it off; if you fail you will have to re-apply.

Gx

6

Aw, thanks G. :slight_smile:

I sent in everything from all my specialists, but it looks like it doesn’t count (or they don’t believe them), and they haven’t written to anyone to verify what I’ve said either.

I can’t possibly send in any more evidence than I have, so I think I’m just going to have to go along see what happens…

Mags :-)xx

7

On the other hand they could accept everything you said. Still I find it dis-concerting that they have not asked anyone an expert opinion on your health.

You are asking for a reappraisal because you feel your health has deteriorated. Only a doctor can say it has/has not so perhaps they have already decided it has.

If you’re on Low Rate Care this is a possibility because this does leave some elbow room. Why oh why put you through going there though; perhaps this is again proof as seeing is believing?

Good luck

G

8

It’s bizarre tbh. I was already on low rate care, and I’ve sent in everything I possibly can to prove I’m much worse now and need help, but they just keep telling me that I don’t. It would be almost funny if it weren’t so stressful! Gah!

9

Well, I had my Tribunal. I was sooo scared, but they really were very kind. Don’t know if they changed the decision (said they will write to me) but I can’t believe how much better I am feeling now that it’s done. :slight_smile: I was seriously thinking about asking GP for some anti-d’s, but I feel as though a huge weight has been lifted from me. Didn’t realise just how badly stress can affect us…

Mags :slight_smile: xx