Please Help Me With My Dla Appeal

[Simon7685]

I have been to 2 appeal tribunals for DLA and won them both. On each occasion I was asked how I got there. Both of mine were held within a 5 minute walk of where I live.

 

On both occasions I went on my scooter which was left just outside the building, I used my stick from there to get into and around the actual building. (Funnily enough both my tribunals have been held on the 3rd floor of a building that has steps to get into it, with no wheelchair access, which makes me wonder given that people attending can't walk....... or am I just too cynical?)

 

I know that at the first one, they actually checked to see if my scooter was outside and I think that this went strongly in my favour on the day. At the second one, I don't know if they checked or not but I still think that the fact I had to go on a scooter went in my favour, even though I live within what they term as walking distance. Walking distance is only valid if you can actually walk that far.

My advice to you is, if you normally need to use your scooter to get around, go on that. Take your crutches and use those inside the building if it is not possible to take your scooter in.

 

As I understand it the DWP will only pay for taxi's in exceptional circumstances and if there is no other means of you getting there. You may well qualify but I would still use your scooter.

[Simon7685]

Neil

 

Probably the best piece of advice I would give to you, is read through everything until you know it like a book. Stick bookmarks in at appropriate bits like your medication lists. then read it again and again. Also look for the DWP errors in their submission, I bet there are some. If they have lied in their submission, like they did at my first tribunal be aware to make the panel aware of it. Above all tell the truth and I am sure you will be fine. They will be assessing what your condition was like at the time the DWP decision was made as oppose to how you are now. Expect to be asked some pretty probing questions as well and about you toilet needs and if you need any help. I was really worried about that to start with but then I thought about it and what is wrong with saying you need help with your toilet needs if you do, you can't help it and if it helps them find in your favour all the better.

 

It is a very worrying time, going through it and it seems like there is no end in sight sometimes. They do not understand what they are putting people through, it really gets me mad. If you think of anything I can help you with let me know and I will help you with it.

Cheers

Simon

[Simon7685]

Good idea honeybee. You should have a copy of the doctors report if you were examined Neil, it should be in the bundle of paperwork entitled Secretary of States Submission.

 

You do have to scrutinise everything, the DWP a very prone to making serious errors in their submissions.

 

In my first one they blatantly lied and accused me of saying something in a telephone call to them that I had not in connection to my claim and a test that had been carried out whilst I was in hospital.

 

I rang them and told them that the test had been abandoned because I could not do it due to severe breathlessness and chest pain. They reported it in the submission as I had rang them and told them I had completed over 2 minutes on an exercise tolerance test.

 

They used this as the main reason for disallowing me from DLA. They said that if I was capable of doing over 2 minutes on an exercise tolerance test, I could not possibly be unable or virtually unable to walk! Fortunately I had kept notes of every call I made to them, I always come straight off the phone and write up what had been said in the call and note the time and date of the call. So I used this information as part of my appeal and suggested that a recording of the call should be asked for that would prove me right. The tribunal opted not to do that but agreed with me from the information I had provided and the notes I had made.

 

Now I only found that by checking through their full submission and it was a few words tucked away in a full page of typing. Yet those few words that they altered were used to disallow me my DLA!!!

 

They also tried to use the same thing in my last tribunal and again that was quashed by the panel.

 

So read everything again and again and point out any errors, as I am sure they will be there and they can sometimes be the key. Sorry to go on about it Neil but it is just so important for you to keep checking what they have written about you.

[Simon7685]

Neil whether or not the panel award you DLA will depend on a number of factors, they will take into account the letters and reports from your GP and hospital consultants. More importantly they will take into account any written submission you make. However in my opinion what will be the more defining factor is what happens on the day and the answers you give to their questions. You can't really rehearse that as each one is different and in both of my appeals a lot of the questions were different on each occassion.

 

You can use certain things to your advantage on the day and ensure that important facts are foremost in their thinking when deciding whether to allow your appeal. You could mention that you have passed DWP medicals for Incapacity, in itself it has no bearing to your DLA application but you are putting the fact in their minds that you have passed their medicals.

 

One of the panel will be an expert on disability who will ask you questions about how you manage with day to day things and I would guess will have a more balanced view on the method of using crutches. How you answer will be more important then what the DWP doctor wrote about how you use your crutches.

 

Regarding your Blue Badge, you should be able to use this in your favour at the appeal hearing. You do not qualify for a badge through DLA as you don't get it, so to be awarded a discretionary badge has to demonstrate that you do indeed have severe walking issues. Don't try to labour the point but certainly make use of the fact you have been awarded one. (I was lucky with mine as it was awarded following a walking assessment, which I think rather proved the point more so than a doctors letter, which our County Council no longer accepts.)

 

Having been through the appeal twice now, I fully understand where you are coming from when saying, "I get everything else, why can't I get DLA?" DLA is probably the hardest benefit to get and 90% of claims are refused, so you are not alone in thinking that and don't think for one minute you are. What you need to do is try and focus your efforts in to your appeal, you have the ability to change the decision but you will have to fight for it.

 

Are you submitting anything in writing for the panel as to what you disagree with about the DWP decision and why you believe it is wrong? In my opinion this can only work in your favour, my advice is to not submit it until the day of the hearing, so it is fresh in the panels mind. I firmly believe that my written submissions helped me in both my appeals, if you want an idea of what to put and so on, I would be happy to email you copies of mine.

 

Hope some of this helps

Simon

[Simon7685]

Yoy're right honybee, this system doesn't work on points and that makes it harder to see where the decision maker has got his reasons from, I think it is all down to interpretation, unless you can find those glaring errors they always make.........you know the one where they say Billy can walk 100 metres but what they have overlooked is that Billy has no legs! I don't know who Billy is and sorry if he is reading this but it was the first name I could think of!

[Simon7685]

Good Luck with it. They will ask you questions relating to your medical problems and how you manage on a day to day basis. The main thing to remember is take your time and tell them how it is, don't be embarassed by anything and tell them the truth, that's all you can do.

[Simon7685]

This happened to me at my first hearing, they decided they wanted more information and it got postponed. I went on to have the appeal allowed and allowed again at my 2nd appeal in January. so do not give up, also at least you have the benefit of the experience and have an idea on what the appeal tribunals are like, so there are some positives to take from it. I felt exactly as you do when it happened to me but stick with it, you still have nothing to lose and all to gain.

 

I know you are going to ask how long inbetween appeal hearings, in my case it was 4 months but it may be less for you.