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Thread: DLA Tribunal help please

  1. #1
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    DLA Tribunal help please

    My Husband has a DLA tribunal on wednesday. We have been waiting since february for it.

    He was denied DLA in the first instance because they said his condition did not affect any part of his life. We received a letter to go to the doctors as they had a questionairre from DLA that had to be filled in. when we got there the doctor said he had received an email stating not to fill the questionairre in. They made the initial decision without any medical evidence.

    My husband has a spinal injury which is a result of his stepdad attempting to break his back when he was 16 ( he is 38 now ). he has also been in a car crash which didnt help. dispite everything my husband has worked hard all his life until december 2010 when the pain has become so unbearable for him to carry out even the most simple everyday tasks, and he had to resign from his job with apple

    Does anyone have any advice that would steer us in the right direction for the appeal. And does anyone know what questions they are likely to ask?

  2. #2
    Senior Member Stepheninleeds's Avatar
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    What? Did you just say DLA told the doctor not to fill it in? They have no right to say that. You need medical evidence on this, to show them. Did you get this? Your husband needs to back up his case with the proof the DLA did not have. You could also do with evidence they told the doctor not to fill in the form, & why. This needs challenging too. They will basically ask you to show why you think the decision is wrong, what evidence you have for this, etc. Some may ask questioned related to his injuries, disabilities, etc. Anything said needs to be backed up with evidence. When I appealed, because my GP filled in the form at home without my medical records.(I know, madness. I did not know this at the time. When I found out he made it seem like I was in the wrong). I had to get him to fill ina new form, show this to them, & explain what had happened. They accepted this & everything else on my claim form.
    ~ ~ ~ ~ ~ ~
    Stephen

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    Thankyou for replying Steven

    I rang DLA and asked why they told the doctor not to fill it in and they said that a DLA nurse had looked over the form i filled in for my husband and deemed him fit and well from that. one of the replies to the can you cook a meal for yourself question by her was the gentleman can cook a meal for himself if he can sit on a chair and use a microwave!!!

    my husband loved cooking, but no he cant as he has severe muscle wastage on his right side, and his feet are always tingly and numb, his leg has given out on him and he has fell onto the oven door and badly burned himself. but apparently cooking every meal in a microwave while sitting on a chair is an acceptable way to live

    we have seen the doctor again and he gave us a letter to take to the appeal with us, we sent it to them also and had a letter back to say the evidence will be part of the appeal

    this is the doctors letter

    mr****** has a long history of back pain since his teenage years when he injured it. His chronic lower back pain and his right leg will give way on him without warning resulting in frequent falls. he has burnt himself while trying to cook on more than one occasion as his leg gave out on him and he fell onto the cooker. he has major limitation of his activities i.e. in his walking is reduced as well as very disturbed sleep and reduced mood. He attends pain management clinic and has been referred for further physiotherapy and an exercise training program along with psychology input to help him manage his current pains. he has had extensive physiotherapy input in the past. he requires medication to help with the pain. I would be grateful if you could reconsider his case as he seems to be significantly affected both physically and psychologically by his level of pain and this is impacting on his abilty to carry out basic living tasks
    Last edited by leonsmummy; 12-05-2011 at 09:20 PM.

  4. #4
    Senior Member Stepheninleeds's Avatar
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    No, no, no, no, no. I cannot say that enough. You have the right to provide any evidence you see fit, they have the right to ignore it, but you have the right. It may appear, this is just a guess, you may not have said enough when claiming again to please them.

    Good letter, should help. BTW, remove his surname, anyone can read these Forums.
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  5. #5
    Senior Member sea queen's Avatar
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    This kind of thing never ceases to amaze and anger me!!
    Why do these people think that disabled people only have a right to ping ping food!!!
    Sea Queen

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    I have just been reading over some of the recent posts about tribunals and to be honest im terrified!!! It seems like the sucess rate of appeals is very small. If my husband doesnt get this we will probably have to move into a smaller house. I hope they give us the decision on the day. I will post again as soon as i know what their decision is

  7. #7
    Senior Member Stepheninleeds's Avatar
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    DO not let that worry you. The nature of these Forums is that those with problems, negative outcomes, etc, are the ones who usually post. Appeals are often successful because mistakes, incompetence & even stupidity are often involved in the claiming process. I cannot say if your husband will win, but based on what you have said & the fact that a large part of his claim was ignored, I would say he has a good chance. They will look at this medical evidence & they will consider it.

    They will not give you a decision on the day. They have to discuss it & consider it. You may get a clue of how it went, but that is a personal view of it.
    ~ ~ ~ ~ ~ ~
    Stephen

  8. #8
    davewhit
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    Quote Originally Posted by leonsmummy View Post
    I have just been reading over some of the recent posts about tribunals and to be honest im terrified!!! It seems like the sucess rate of appeals is very small. If my husband doesnt get this we will probably have to move into a smaller house. I hope they give us the decision on the day. I will post again as soon as i know what their decision is
    the latest stats show that at esa/dla tribunals about 40% ish win a google search should fine up to date results with regards dla 50% get an award on filling in the form so overall about 70 out of a 100 who apply get dla in the end


    IMO if you look at people who dont get the award I think many who dont fail to say or dont put a case that shows how THEY are affected

    I base this on someone says they did not get dla you look up there health problem on dwp a to z or any medical site and the average person with that illness looking at dwp guide lines needs little help or not as much as the person claiming BUT if the person claiming fails to get across how they are affected the claim will fail

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    Thanks for all your help and advice guys, my husband is getting himself into a right state of panic now as it is 24 hours away. I have just spoke to the tribunal service and the lady on the telephone was lovely. She said that the tribunal panel will give him a decision tomorrow if they dont adjourn for more medical evidence. As ( which i didnt know ) I am not included as my husbands representative, i will not be allowed to speak at the tribunal, just be there for moral support. She did however say that I need to wright a statement of care and submit it to the clark of the tribunal and ask for it to be submitted to the judge. I have to include everything in it, including any accidents that have happened to my husband when i wasnt there to care for him. I also have to tell them we had to move to the house we have so that he is able to go to the toilet no matter what floor he is on. also we had to get this house because it has a double shower in our bathroom so i can get in the shower with him and help him wash himself as he cant bend. I must admit im feeling a lot more at ease about the whole thing after chatting with you guys and the tribunal lady

  10. #10
    davewhit
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    Quote Originally Posted by Stepheninleeds View Post
    DO not let that worry you. The nature of these Forums is that those with problems, negative outcomes, etc, are the ones who usually post. Appeals are often successful because mistakes, incompetence & even stupidity are often involved in the claiming process. I cannot say if your husband will win, but based on what you have said & the fact that a large part of his claim was ignored, I would say he has a good chance. They will look at this medical evidence & they will consider it.

    They will not give you a decision on the day. They have to discuss it & consider it. You may get a clue of how it went, but that is a personal view of it.
    I agree with you he should get the award .. if not it would IMO be down to failing to show in detail just how much help he needs

    if you look at dwp medical a to z

    http://www.dwp.gov.uk/publications/s...-and-mobility/

    in most cases they seem to think little help is needed and mobility not a problem you need to educate them to his problems

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