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DLA tribunal

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
After nearly a year I've finally been given a date for my disability living allowance tribunal. I have an adviser who helped me through the appeal coming with me as well as my mum, but I'm scared shitless. If they don't up the money I get then I really don't know what to do - I have so much riding on this. Also my review date is coming up and if they don't up it then i could lose it all together, and have to face another year of appeals, or having to undergo another ATOS assessment which was so gruelling and upsetting for PIP which i may not get either.

Im in a really bad place as it is. What do i do?
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Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Have you gathered any evidence?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Its all been sent ahead - Letters from: GP, consultant, pain management team, OT, social services, a copy of my care plan, a letter from me just stating the impact my health has on my day to day life, something from mental health.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Miss_Riot wrote: »
    Its all been sent ahead

    From friends' experience, take a copy anyway.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Ok, I'll possibly have additional things I haven't sent anyway so I'll definately do that.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Got the letter through - its on the second floor and they are having issues with their evacuation procedures which means I will have to ask them to re arrange at a different venue because I couldn't get down that many stairs if there was a fire. :( stupid stupid people for arranging DLA tribunals there!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    That does seem particularly incompetent. Do they organise AA meetings in pubs ? :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Miss_Riot wrote: »
    Got the letter through - its on the second floor and they are having issues with their evacuation procedures which means I will have to ask them to re arrange at a different venue because I couldn't get down that many stairs if there was a fire. :( stupid stupid people for arranging DLA tribunals there!

    You should make sure you get a written record of all of this, they are buggers for not writing things down so they can blame the disabled person for "not showing up". If possible, have someone with you when you make the call also making notes.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I'm sure it asks on the tribunal form about any access needs you have. Either way, it's ridiculous.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I did put that I had access issues but I've gotten worse since anyway!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    They're having to rearrange the date and venue because its inaccessible! In whos right mind does it make sense to hold DLA tribunals inaccessible venues!!!!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Theres been 2 weeks of daily calling of the tribunals service. No one seems to have a bloody clue - been told everything from they have no records to no date to no venue to all going ahead. I have even been told to go with cushions so that as theres no one there at the venue thats medi-evac trained and its the 2nd floor I can evacuate the building in the event of a fire BY A MEMBER OF STAFF OF THE TRIBUNALS SERVICE!!!! My adovcate has been told that the venue she has suggested is unsuitable but not why and they have asked us to find alternative venues but not given us their criteria. I have said to my mum that I can go to the venue where they have no medi-evac training and the security on the door will likely turn me away because of the health and safety issues. The Tribunals service said that the only person that can deny me entry to the building is the judge but in my experience - what the fire marshal says goes - and the security tends to be of those buildings because theres nothing else in the building asides the tribunals.

    WTF do I do? Just go with the posibility of being turned away and have it rescheduled for a 3rd time? Its already been well over a year I've been waiting for a final answer on my case!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hey there Miss Riot,
    Sounds like a nightmare and it's such a shame that the Tribunal service do not have appropriate venues for hearings. You have had to wait such a long time for this.
    How are you feeling about this now?
    Has there been any progress?
    :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    still got to wait til Thursday. I'm feeling fairly confident about it, and if it doesn't go well I have a second chance because my renewal form has just been sent in too.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Miss_Riot wrote: »
    still got to wait til Thursday. I'm feeling fairly confident about it, and if it doesn't go well I have a second chance because my renewal form has just been sent in too.

    can I just say Good luck to U,

    May i give U some tips

    -Stay carm and reaxed
    - Allways good to right down ur nurvis the day before U go
    - write down what U going to say or ask.
    - smile too :D

    Its also good to have someone like ur mum and advsior there to support U U be fine
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Thanks Heather, I'd like to think i'm fairly well practiced at these considering this will be 3rd/4th tribunal. It would be nice if they'd just take my paperwork and believe it for once rather than cross examine me like i'm some kind of criminal!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    But if they believed everything people wrote, you'd have people claiming they're more disabled than they really are.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Of course but you would have thought after having medical letters from 7 different professionals that would be enough
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Well I spent 2 hours of being cross examined and basically told that I was a lier and the doctor who only met me once knew everything about me but what he said was mostly untrue. They'd made up their minds before I even stepped in the room. So as expected after that the tribunal was refused. I could go to tier 2 but I need to find out how that's going to work.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You can only go to the second tier (upper tier) if there's been an error in law.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Oh no :(
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    You can only go to tier two if there's been an error at law. The fact you were in the tribunal two hours means they investigated it properly, most hearings last much less time than that. It is their job to question you on your illness and decide based on your replies. The fact they took two hours means they hadn't pre judged you. You'd have been out in fifteen minutes if they had.

    You need to accept the decision and move on.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Hey there Miss Riot,
    Really sorry to hear about the tribunal's decision - it must be difficult at the moment.
    I think that Melian and Arctic Roll are correct in that you can only apply to tier 2 if there has been an error of law.
    It may be that you need more specialist advice to identify an error of law. Turn2us have an adviser finder that you may like to try - http://advicefinder.turn2us.org.uk/

    It may be that there are no grounds for challenge in relation to this decision, however, you may also like to seek advice about what other benefits you may be entitled to and so it may be worth speaking to an adviser about this too.

    Hope things get better soon.

    :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Your tribunal is based on how you were then and not now.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    The problem is that a lot of what the doctor who came out to see me had stated was just wrong. Even back in january. But i have just put in my review form. But im kind of expecting that to go to tribunal too. Every single claim i have made has been taken to tribunal its so tiring. And makes me kind of want to just curl up and die.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Ok - what is and isn't an error in the law?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Misinterpreting the regulations is an error in the law. Making a decision you don't like is not.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Ok one thing - I was never told at any point I could submit a report from my own GP rather than have an atos dr who knew nothing of my condition or my medical history and thus made loads of mistakes on his report. From what I've read I should have been given this opportunity. But maybe I'm misunderstanding?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I'm not sure what you mean.

    If you're referring to the Tribunal, it does say that in the letter you get inviting you to the hearing. Not in so many words, but it says you should get any additional evidence to them before the hearing. You can get evidence from anyone, although the panel will usually ignore anything not from a medical or disability professional. They will also ignore anything that doesn't specify the correct dates: people always forget they're dealing with how you were at the time, not how you are now. You also said at the top that you had sent the evidence on ahead.

    If you're referring to when the decision maker made their decision, that is now irrelevant as the Tribunal have agreed that- at the time- you did not meet the criteria for DLA.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I'm sure that on the claim form it mentions evidence. I remember having to tick boxes saying I was submitting certain pieces of evidence.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    DLA tribunal

    I just don't understand how I could have been when I was being assessed for a care plan which has now been out in place and not able to walk more than 100 meters without significant discomfort and needing to stop. They basically followed everything written by the atos doctor an ignored everything written by my GP. If I had been made aware that I could have said no to the atos dr and had my own GP conduct the medical I would have done.
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