DLA APPEAL... Please Help

I have my DLA appeal on the 14th October, my original claim was in November 2012 which was turned down.. since then my condition has gotten worst, I now mobilise with 2 sticks over short distances, and in a wheel chair for longer ones. A local charity worked who helped me throughout this process says according to the 'law' I qualify for higher rate mobility and middle rate care, with evidence to back it up.

I have great pain in both knees and ankles along with massive back pain following a traffic accident, its that bad that I have been successful in applying for a disability facilities grant for a stairlift through my local council as I can't get up the stairs and have been sleeping on the sofa for the past year, have also had help through occupational therapy and adult services

My worry is that the tribunal has a old physiotherapy report and a ATOS report from before my condition got worst.

Is there any advice you can give to help my through this ordeal I'm having to go through.

Thank you

13 Replies

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  • at my daughters tribuneral they kept saying we had to remember what she was like when we applied. not how she was now. as that would have to be done as a deteriation of health and woyld have to be reported to DLA seperatly.

  • Hi there jordan, I think perhaps you need to get hold of some sort of medical evidence from your GP to take with you, I have heard before that they take the evidence from your earlier claim, but they cannot ignore what is in front of their eyes, so if you are now only mobilising with sticks, they will see this. I would as I said earlier either get a medical letter or a copy of your medical notes from your GP, it may incur a cost, but that could be worth it in the long term.

    I wish you the very best and send you loads of positive vibes :-)

    Foggy x

  • Hi there foggy,

    My GP has written a letter telling them I now mobilise with 2 sticks and that I'm very unsteady on my feet and that I use a wheelchair for distances..

    I have sent then every bit of paperwork I could get my hands on.. so hopefully it'll be enough..

  • Well done jordan, but it might be an idea to take all the copies of the documents you already sent them just in case they've "mislaid" them...... fore warned is fore armed as they !!!

    Good luck jordon :-)

    Foggy x

  • You are allowed to submit new evidence for tribunal I believe. I work in education and have attended a few health tribunals where new evidence has been submitted in the period between lodging the appeal and the actual hearing. So can you submit any new OT/ physio/medical reports and evidence that you qualified fir the stair lift grant ASAP and also take copies with you on the day? If those are in and you still don't get the refusal turned over you might at least get money backdated to when your condition became worse. Hope that helps x

  • I've submitted all my new evidence, so I'm just hoping they take it into account. ..

    Does anyone know how these tribunals go, and what I can expect...

  • Hi I am attending a tribunal tomorrow, so will post you all the necessary details after. I had an appeal over 2 years ago after being turned down for care or mobility. At tribunal some 2 years after my claim, I got the lower rate on care for 2 years, back paid. I have since got worse, I have arthritis in most joints, fibromyalgia, ME and spinal problems including a prolapse disc. I asked at renewal in 2013 to be considered for the middle rate health and lower rate mobility but was turned down and they kept me at the lower rate for care. I have appealed and as mentioned I am back there tomorrow. If you can, well worth joining the benefit and works website (about £20 a year) it has all the information you need, i.e. what to do, what to expect, even down to what to wear, it invaluable.

    Good luck and I will send you a thread tomorrow.

  • Thank you avimay... I look forward to hearing details, and I wish you all the luck in the world. ...

  • Hi there, thanks for your good wishes. I just wanted to say you have done all the groundwork, sending in the necessary paperwork. Please don't worry they should have every piece of information you sent them and will have gone through that ready to ask you questions. As mentioned before very good idea to take your own copy of all the paperwork and some notes to remind you of points you want to remember. Have someone with you, doesn't have to be a representative can be someone you wish to go with you to help you, and they will get a chance to add anything at the end. Things asked is going to be different for everyone so try to think around your own problems. Some of mine have been

    How did you get here?

    Have you had a holiday - how did you manage that? did u use wheelchair etc

    Do you cook for yourself - a simple meal

    Explain your typical day (in fine detail) they always ask this

    Explain what happens when the household closes down for the night

    Do you have difficulties with Shower/Bathing/Getting in and out of bed

    They talk a lot about aids in the home

    Driving - is your car (if you have one) been modified etc.

    They may ask about stairs (which is good you have stair lift)

    Explain why you should need someone with you when you are out

    They can question some of your answers so be "practiced"

    There will nearly always be three panel members, a judge, a person from works and pensions and a doctor.

    Hope it helps and you get what you deserve. And afterwards if you do not get what you need, keep going.

    I have not heard the result yet, should come through the post in a day or two..... x

    Hope it was of help??

    Best wishes

  • My DLA appeal is in 2 hours.. am getting really nervous and stressed... anyone got any helpful tips...

  • Go for a little walk and take deep breaths to calm yourself if you cannot walk anywhere ask for a glass of water. Remember they need to see how bad you are but for your own sake be calm if you can .

    Thinking of you

    xgins

  • fingers crossed for you. Just remember to take your time when answering questions, don't feel rushed to answer (although I've never been in your position, its always good to take a minute to breathe before answering - otherwise I rush along without pausing for breath)

    Good luck

  • My appeal was turned down, none of the evidence I sent in was taken into consideration as it was after my initial claim... all I can say is gutted...

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