DLA help

[JustJ]

Hi and thanks for taking the time to read this.

 

I dont know what to do about my DLA situation anymore. I was awarded low rate mobility and middle rate care which stopped in July 2009. Before it stopped I had a baby. A renewal application form was submitted and I was refused both components. With support we appealed and in March 2010 I was awarded lower rate mobility and no award was granted for the care component. No further evidence was sought in order for them to make this desicion. We appealed this desicion and invited them not to look again at the mobility as this is the rate for my circumstances. Two tribunal dates were set and I attended both only to be told there was insufficient evidence and the tribunals were adjourned. I had a medical at home and could not relate to the doctors findings on any level when I received the report. My doctor was also contacted but did not offer up very much except to say my situation is likely to continue for the foreseeable future.

 

Today, 21 months after sending my renawal application I attended yet another tribunal and the desicion this time was in my favour. I have been awarded low rate care component. It has taken all this time for them to determine I am eligible. This much I knew from the start the same with the mobility component. I cant stress enough how much this has all troubled me from the date they first refused me. I have wanted to give up practically every step of the way. Its been so hard not to take everything to heart. I cant bare to think about the reality that is my life nevermind having to spell it out time and time again. I believe I am eligible for middle rate care component - the award I was previously on - if anything my circumstances have become even more difficult since having to care for a small child. I feel cheated and dont believe for one minute my case spells out 'low rate'. I want to tell them to shove their award, I dont want to accept this award - I feel like I'd rather have nothing than agree with them which is effectively what Im doing if I accept.

 

Does anyone know what choice I have? Is the desicion of the tribunal final? If anyone has any information or thoughts I would be very grateful. I dont know if I could possibly handle anymore but I've not come this far to roll over now!

 

Power to the people!

Dig deep.

[Nystagmite]

You can only appeal on a point of law.

[JustJ]

Thanks for getting in touch. So its not just another appeal drama....its even more!

 

The panel were clueless, all over the place...they had been advised to question me on a specific time period and without fail every question was either from my previous claim 2005 or within the last year...I couldnt help think to myself why are they asking me about support I had back in 2006 or why are they asking me about things in the past year. It was all over in a flash, 5 questions or so and I didnt have the time to explain anything before they were jumpin on to the next question. I fail to see how my answers could support a claim if the questions were not about the time period.

 

This 'law' business sound complicated.

[Nystagmite]

I think it would be a good idea to get some legal advice about this.

[ErikaPNP]

What you need to do, is to submit a request to the tribunal for a statement of reasons. Once received you can take it to a Welfare Rights specialist (a free service offered by some local authorities, or CAB or a local advocasy service) and ask them to see if they can find if the tribunal have made errors in law or tribunal procedure. If there are such errors, a welfare rights specialist can assist you in seeking permission to appeal to the upper tier tribunal (the appeal you attended would have been first tier). The upper tier tribunal can revise first tier decisions or can order a new tribunal hearing. Be aware that it can go any way, though. It can result in an increase, a decrease, no alteration of the decision or a complete withdrawal of the award.

 

If they have questioned you on a time period which is irrelevant to your claim then that in itself can be errenous and enough to appeal to the upper tier. The correct time period to assess you is the dates the renewal decision is based on. The cannot go beyond the date of the renewal decision though, so if your condition has deteriorated between then the tribunal date and that further deterioration has resulted in you requiring more care, you would be looking at submitting another renewal to DLA rather than a further tribunal, or both if the renewal decision was incorrect and your condition has deteriorated more since the renewal decision.

[JustJ]

Thank you very much ErikaPNP for responding.

 

I have taken your advice and contacted my welfare rights officer. A meeting has been arranged to organise requesting the statement of reason. Perhaps I will be satisfied with their reasons but if not it is a relief just to know its not the end of the road. Its an absolutely exhausting process.

[Life-Goes-On]

>We appealed this desicion and invited them not to look again at the mobility as this is the rate for my circumstances

 

When appealing they will look at the whole claim regardless of what you requested.

 

If you do appeal to upper tier, and appeal is granted, you could get middle rate care, but you could also lose low rate care & mobility.

[JustJ]

Life-Goes-On

 

I simply mean I was satisfied with the mobility award granted. The appeal was on the grounds of no care component being awarded. I am aware that they look at everything - they would need to in order to have a fair view of my circumstances. I am also aware that they can stop my award altogether but that is not a concern of mine as I think they would find it very hard to deny my situation or prove I am not eligable. This is exactly what they tried and failed to do hence the importance of pursuing a claim all the way to the end.

[Life-Goes-On]

JustJ,

Glad you were aware, just wanted to make sure so you knew any risks.

 

If you do appeal, good luck

[achvour]

Life-Goes-On

 

I simply mean I was satisfied with the mobility award granted. The appeal was on the grounds of no care component being awarded. I am aware that they look at everything - they would need to in order to have a fair view of my circumstances. I am also aware that they can stop my award altogether but that is not a concern of mine as I think they would find it very hard to deny my situation or prove I am not eligable. This is exactly what they tried and failed to do hence the importance of pursuing a claim all the way to the end.

 

The DWP do not have to prove a thing. At the appeal it is your responsibility to prove on the balance of probabilities that you are entitled to whatever you say you are. If you or your evidence isn't compelling enough they will remove everything. The DWP can sit back and watch and do nothing. They may however object to irrelevant evidence being tendered. The Tribunal will then decide if they agree with that objection.

[leemack]

The DWP do not have to prove a thing. At the appeal it is your responsibility to prove on the balance of probabilities that you are entitled to whatever you say you are. If you or your evidence isn't compelling enough they will remove everything. The DWP can sit back and watch and do nothing. They may however object to irrelevant evidence being tendered. The Tribunal will then decide if they agree with that objection.

 

Wrong, the DWP have to state their case in a submission and justify their decision quoting regulations and case law. And it would be good to see the DWP objecting to evidence at the tribunal - I never had a single DWP rep at any tribunal I've attended. Yes, the tribunal decide on a balance of probabilities between both submissions, but poke enough holes in the DWP case and their submission becomes less reliable, and the appelant's case more solid.