Panicking DLA Court Appeal tommorrow!!!

[downmum]

Applied for DLA back in Nov 2011 - form was filled by my local cab office. At the time I was told not to send any medical evidence in as the DLA will write to my G.P & consultant for this. Thinking this person knows what they are talking about I followed through on this advise. Of course was rejected and then I was told to call DLA and ask for a reconsideration over the phone as apparently this was the easiest way to do this and so I did. It was rejected again. Anyway it turns out all this was very bad advice as Since then this individual has been sacked by CAB office for doing this kind of thing and ruining so many people's applications.

 

The new advisor sent in my appeal this time with all of my evidence attached and again It was rejected. So now we are at the stage of a appeal hearing which is tomorrow! it was rescheduled previously by DLA and they made me wait another 8 weeks for a new date

 

The advisor has sent in my appeal details and has sent me a copy. Based on the evidence she has attached which includes hospital letters, G.P records, care plan and an Occupational Therapy Report she has suggested that I am entitled for high rate mobility and middle rate care.

 

I suffer from severely low vit D for which I'm getting regular injections, mechanical lower back pain, bronchial asthma, allergic rhinitis, obesity monitoring (my weight has shot up since being housebound dramatically) and anxiety & depression. I have been housebound for 2 years now due to having too many falls outside as I cant walk and my knees give away so I never leave house unless accompanied. Since the OT involvement i have now had a daily carer for the past 8 weeks and the OT are trying to get me suitably rehoused so that I can have adaptations in the home to help me like grab rails, raised toilet seat etc and also get a motorised wheelchair (they have made the refferal I'm awaiting an assessment). I've has physio, acupuncture, electro acupuncture, heat therapy, electro therapy and now started hydrotherapy. I'm on so many daily medications that I have lost count.

 

It has been a horrible and stressful experience to get to this stage and reading every1 else's experiences I Feel very deflated. Trick questions by panels etc then what is the point of hearing if they are set up to deny people who have suffered enough as it is.

 

I'm not very good at speaking in front of people so I'm thinking tomorrow is pointless........

[Nystagmite]

Good luck

[reallymadwoman]

One thing is certain, turning up gives you an enormously better chance than not turning up. The worst that can happen is that you still get turned down which makes you no worse off than you are now, so any other result is an improvement.

 

Good luck, and let us know how you get on.

[downmum]

thanku both.

 

reallymadwomen - ur right even if I turn up & they refuse then it's all the same. personally from all I've read online so far it v.hard to stay optimistic. I will just have to go & stick up as much as I can for myself. I can only give honest answers the rest is up to them.

 

on an another note I've got no representation as cab office no longer do that do I'm taking my father with me as he is my carer but I've read they wont let him talk anyway as questions will be directed to me. rightly so I guess but can he point out what evidence to answer the question with? like prompting because they'll be points where I will go completely blank & father knows my condition inside out.

[reallymadwoman]

So far as I know your father will be able to answer questions, particularly if he explains straight away how nervous you are speaking to strangers. There's absolutely no reason why he can't prompt you either.

 

Remember don't try too hard - if you usually can't do something, don't make any special effort for the tribunal and speak up straight away if you're getting uncomfortable or are in pain and need to e.g. stand for a few minutes.

[downmum]

oh that will take the pressure off if he can speak/prompt me. hopefully they will allow it & yes I will remember to speak up about my pain also. thanku you have been really helpful.

[reallymadwoman]

You're welcome.

 

I'll be thinking about you tomorrow.

[downmum]

well just came out & it was ok. 2 of the panel judges were really nice but the third was not. they wanted to give a decision right away but the 3rd judge was like no I'm indecisive!!! I hope majority rules otherwise it's more then likely a decline

 

decision will be posted to me tonight so by Wednesday I will know!

 

at least the worst is over now will keep u posted.

[reallymadwoman]

You know what the worst possible outcome will be, and if that happens you can just apply again, but this time with the experience of having done it once before and with the helpful advice on this forum.

 

Fingers crossed that the majority does indeed rule.

[downmum]

no letter in post today so I guess will have to wait another day

[downmum]

just wanted to share good news... just got my appeal decision I've been given LRM & MRC. was hoping for HRM but the fact that I thought I'd get nothing at all after the stressful hearing this is much needed good news. they will back date to beginning of application & it has been granted till Nov 2013. so I guess d whole process will start again then!

 

at least now my illnesses have been formally recognised so it's feels like a great achivement.

 

gotta wait at least 4-6 weeks before DLA will pay out so it's not over yet!

 

will keep u all posted as and when anything happens.

[Nystagmite]

Congratulations! Your first payment should be a lump sum and after that, every 4 weeks you'll get your normal payments.

 

If you receive any income based benefits, you'll get a disability premium. If you live alone (children, others receiving mid or high rate DLA / AA and blind people are ignored) and no-one claims carers allowance, you can get the severe disability premium on income based benefits.

[downmum]

nystagmite- thanku. at the moment I get IS, Child Ben & ChildTaxCredit. do I need to inform them all and will they also back date any premium?

[Nystagmite]

IS need to know. DLA isn't income; so tax credits (unless you were working and can now claim the disability element of working tax credits) don't need to know. If you receive housing benefit and council tax, they need to know too.

[reallymadwoman]

Glad it was worth the effort and stress.

[downmum]

nystagmite thanks very much I'll let IS know as dat is the only one as I've not worked for a couple years now since my illnesses

 

thanks reallymadwomen I'm pleased its all over now till next year!

[downmum]

so I rang DLA on Monday to find out if they had received the tribunal decision. the advisor was very unpleasant to me & it felt like I had committed a crime by winning my appeal. I was asked about representation etc before she conformed they had received the decision and have sent out a letter on the 19th oct 12 about it. once they receive my reply to this they will release the funds!

 

I have today received this letter & God behold its 12 pages long...... most of it is just bank details which seems to be repeated about 5 times! anyhow just about to fill it in & return. let's see how long they take for payout.

[Nystagmite]

It may take a few weeks. Once the tribunal have made their decision, it goes back to DWP. They rarely do this; but they may decide to appeal the decision. If the decision stays the same, you'll then get your backdated money.

 

There is something about the backdated money being ignored as capital for 12 months.

[downmum]

thanks nystagmite that's interesting to know about the back dated money not being part of capital for 12 months. so am I correct in saying when I complete the annual tax credit declaration I dont include this amount as income?

[Nystagmite]

Yes. DLA isn't income. If you work for 16 hours a week, (I think you said you claim income support) you are then entitled to a disability premium within working tax credits.

[downmum]

that is useful to know I'll make a note of it - thanku

yes I receive income support & no I don't work so will not be claiming any extra from tax credits.

[downmum]

hey all just a quick update- rang DLA today & they have released the funds which should hit my acc tomorrow! that is a lot quicker then I anticipated. I thought they might try to hold on to it for a while so I'm impressed at least they finally got something right!

[downmum]

oh forgot to say income support is not as straight forward. they have sent out an IS10 form for me to fill in last week. I've not received it as yet but from the little I've read online it's like the medical questionnaire for ESA which I've seen & know is quite a long one. hoping IS10 is actually more simpler. does any1 know about this IS10 form?

[Nystagmite]

I think the IS10 form is to do with the severe disability premium. You have to fill in a form to receive this premium; as there's criteria for it.

[downmum]

thanks nystagmite - I'll have to look into it once the form arrives. will Google it.