DLA Tribunal 5th March: Hi everyone, I... - Fibromyalgia Acti...

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DLA Tribunal 5th March

smileydave10 profile image
40 Replies

Hi everyone, I have my DLA tribunal on 5th March and basicaly I just dont know what to do?

I am taking my wife with me as it is her who knows about my daily needs.

I just need to know what to expect when i get there and how i will be treated...regards

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smileydave10 profile image
smileydave10
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40 Replies
bluebell10 profile image
bluebell10

hi smileydave, sorry i can't answer your question but i wish you luck & i hope you win your case. i am waiting for 2 dla appeals which i have been waiting for 1 since last may/june -mobility& 1 from oct -care which both are being rolled into one day,together i hope. i have the same worries about treatment, can i just ask if you don't mind how long you waited to get your appeal date through & how much notice you you get plz? let us know how you get on & hope it good news for you xx

smileydave10 profile image
smileydave10

Hi, I first claimed last april, appeal turned down in may, then I appealed again for tribunal, got the letter through about 3 weeks ago. I hope i do win then i will change my name on here to bigger smiley dave, if i lose it will be just dave , good luck in yours too, i will let you all know the result. Luckily my doctors have a benefits adviser so i went to see her, she said if i lose go back and see her and she will fill out the forms for me, she has done this for over 20 years and never lost a case....should have spoken to her last year when i first claimed...

bluebell10 profile image
bluebell10 in reply to smileydave10

oh ok i hope to see yr name changed to bigger smiley dave then :) oh really,i didn't know dr's had a benefits advisors. wish mine did,theres nothing around here except c.a.b. i don't live in a remote place either,im in a big town, well hopefully you won't need to go & see her,don't forget to let us know how it went :)x

Shazzzy profile image
Shazzzy

When i went for dla appeal i was in their for well over an hour and was asked loads of questions about what i do with my time an.d how i do it. They asked me to take them through a 'normal' day, hou by hour. Asked me what help i need, like dressing etc, washing for care. How far i could walk, what it was like, ie slow painful. How i msnage housework, look after pets, children.idid notice that they asked same question in different ways, trying to catch you out in a lie, but as i wss telling the truth i was fine.they want to know about your social life(as if) work life (!) How often you see people, how do you get to doc/hospital appts. I wrote stuff down that i wanted them to know cos of bad memory and explainef thst to them when i went in, they were fine about this, i also wrote out an average day for me, so when they asked i just handed it to them instead of going through it bit by bit.i hope this is of some help i cant remembe anything else just now, best of luck

smileydave10 profile image
smileydave10 in reply to Shazzzy

and did you win your case?

Fibrofoggiest profile image
Fibrofoggiest

Hi smileydave,

I'm sorry I don't have any great advice as I haven't been to a tribunal, but I think Shazzy has given some good advice. I would write everything down, as she says, as if you're anything like me I would be so stressed that fog would overtake me. I think having your wife with you is a very good move.

I will be sending lots of positive vibes your way on the day :-)

Foggy x

Shazzzy profile image
Shazzzy

Yes, i won my second appeal, the first one was disallowed as the lawyer/judge passed a note to the doctor at the time saying "that all this crying was leaving her cold". My doc had just taken me off anti deppressants after about 6 years and combined with the stress of the tribunsl i wennt to pieces. My welfare advice worker saw it and reported it, hence it eas disallowed.

jillylin profile image
jillylin in reply to Shazzzy

What a horrible thing for that person to do. I am glad your welfare advice worker reported it.

Hugs

Jillyxx

jillylin profile image
jillylin

Hugs. Can't offer any advice but wanted to wish you a successful outcome.

Hugs

Jillyxx

TheAuthor profile image
TheAuthor

Hi smileydave10

I sincerely hope that you are feeling as well as you possibly can be today? I am sorry that I have never experienced anything like this, but I genuinely want to wish you loads of luck and I sincerely hope that it goes your way!

I really hope that all the members can help you out on this my friend, and answer your questions?

Take care and good luck

Ken

Shazzzy profile image
Shazzzy

Oh yeah just remembered there are three people on the panel for dla appeal, the third is a volunteer who hss disabilities. They sit oposite you at a big table, in a room. It is not all like a court.

Hi Dave

I've looked it up and whittled it down to this:- This is what to expect when you get to your tribunal :)

1) You are not attending a formal court of law, try to keep as relaxed as possible, lots of relaxation breathing exercises. (Don't forget your supporting paperwork!)

2) Arrive early about 10-15 minutes,be aware that you are not the only hearing they are due to have that day and if your hearing starts late that means any hearing after yours will be put back. It is in your interests to get there on time!

3) On arrival a security guard will check your hearing letter and will scan you for pocket knives etc, check bags etc. It's best to ensure you check before leaving the house!!

4) The security guard will direct you to a waiting room where you sit until a clerk comes to take you to the tribunal room.

5) A Judge will make the introductions and also take a record of proceedings, so don't talk to fast!! do not be offended if the Judge asks you to slow down or repeat something, it is only for your benefit.

6) At the end you, and anyone else you have brought with you, should have an opportunity to say anything you like (related to the hearing of course) at the end. So if you think they haven't covered a certain area of your condition, then is your chance to speak up.

7) After The Hearing you should be given an answer and copy of the decision straight away whether it's good or bad and it will be automatically sent to the DWP.

TIPS

Be as forthcoming as possible with your answers, and try not to be embarrassed. It's easy to feel a bit shy when answering very personal questions, the Tribunal Panel and Clerk has heard everything and more all before.

They can hold around 10 hearings per room a day, they won't remember you from Adam when you leave, and they know you aren't the only one going through the issues that you may have.

The Tribunal panel can only take into account how you were at the time the original decision was made that you are appealing against. Try your best to remember, but be honest if you can't. This works in both ways though.

If you are better than you were at your original assessment, although they will be glad you are better they will want to know about when you were worse and vice versa. The reason they have to do this is because they have to look at what the original decision maker reasonably knew about you at that time. The decision maker doesn't make a decision based on how you might be when you go to your Tribunal, so that's why the Tribunal has to look back. It's not something that makes the Tribunal Panel's job easier, but it's how the law is and although they don't make the law they do have to follow it.

Hope this is useful for you and good luck please let us know how you get on :)

:) xxxsianxxx :)

Offcut profile image
Offcut

Zeb73 put some good advice there. Wears clothes that are easy to put on, NOT dress to impress slip on shoes not lace up as these all show dexterity If you have sent medical evidence before the hearing make reference to that as that is from people who know your condition. Unfortunately any evidence that is after your claim may not be taken into account as it is not relevant to the claim made at the time.

I went to appeal for ESA and it was the evidence that I had sent before, was all they discussed and found in my favour in less than 5 minutes and showed genuine concern on how I coped when my wife was at her part time job and I was on my own.

Good Luck

in reply to Offcut

A week before I went for my ESA medical I had to call in at the jobcentre. My son had just passed 10 gcse so I was dressed up and make-up as we were going for a meal to celebrate. The bloke in there told me not to go for my medical looking the way I did as I would definitely not get it. I was so angry that I was supposed to look ill.I don't have an illness that makes me look ill ! Medical day arrived and I hadn't slept, so quick shower and out with wet hair tied up. I got it first time, I looked awful :)

Offcut profile image
Offcut in reply to

I wish it was that easy for me. They took no notice of all the medical evidence I had supplied and was past fit for work because I could lift my arms up on the day. " I could lift an empty box off a shelf" I have searched all the job sites and to date have not found a empty box lifters job advertised anywhere?

in reply to Offcut

Had similar over the years, we certainly do learn from our mistakes ;)

How are you coping now? Have you succeeded yet? :)

Offcut profile image
Offcut in reply to

Yes won my appeal should have another review but with ATOS trying to run away I have not heard to date.

in reply to Offcut

I didn't have a clue what benefit i was on till this morning, had to check to see if I could get free prescriptions

in reply to Offcut

Yeah! things have gone haywire to say the least mine's due 2015 around the same time when they scrap DLA and it's only PIP but the way things are going the backlog has just doubled in size I reckon :o

Crikey knows what will happen!?!

Am glad you won though I know you went through some hard times :)

Offcut profile image
Offcut in reply to

To top things off I have now had Restrictive lung disease confirmed. with 57% lung function when upright and that drops 12.5% when flat which explains why I have not slept well for the past 6 years .

Onwards and upwards ;)

in reply to Offcut

Aw :( that's not good.

How are you coping with that? It must have been quite a shock.

Offcut profile image
Offcut in reply to

I had lung failure in 2008 but was coping, it has been the past 3 years that it was impacting on my to the degree I could not work. I also have a heart condition which my GP would always say my breathing problems was because of my heart. But my cardiologist said that was not the case it was my lungs. I had to get a bit stroppy to get any tests considered. GP tests showed a problem so I then saw a lung consultant who confirmed it and said I have to make some serious lifestyle changes now! I am having another scan tommorow and had an xray to make sure the damage they have on record has not got worse.

in reply to Offcut

Crikey :o I shall be thinking of you tomorrow :)

You must be fed up of hospitals etc, I know I am but getting to the bottom of things takes a long time and I agree the levels of deterioration we suffer while we wait and be tested and sent here and there can be very life-changing.

It's getting to the point that I have no lifestyle to change!

in reply to Offcut

Hey there :)

How did it go and are you ok?

:) xxxsianxxx :)

Offcut profile image
Offcut in reply to

It seems that where I am from they will not tell you anything except the consultant will be in touch! But at least they are looking now. It is a shame it took them so long because they were so blinkered. I will be seeing my cardiologist in April to see when I will get my pacemaker fitted. Hospital parking is costing me a fortune.

in reply to Offcut

Typical!

I hate it when they say that it doesn't help stress levels any are you ok?

I'm lucky my hospital isn't far from me my OH pushes me there or I use my power chair but the parking costs are ridiculous :o

Here's hoping they don't keep you waiting too long :)

in reply to Offcut

hahahahaha. I did what I could, wouldn't bend my knees though because I knew I wouldn't be able to get up again without holding on to his leg for support. But when I left he followed me into the waiting room where my son was waiting for me.He pretended to get water from the big glass thingy and as I tried to open the door to get out it was way too strong for me to open, so my son did it for me.I had opened it easily myself on the way in. I still wonder if it was rigged but I would dearly love to be working so no way would I fake anything

julie-kelly profile image
julie-kelly

The biggest thing to remember at the tribunal is that they need you to remember what your health was like when you put claim forms in and not what your health and needs are now. They will only take answers from you and not your wife but she will be able to speak at the end of the hearing before you leave the room for the decision to be made. The whole process is very intimidating but stay assertive and don't let them see you are bothered by them. Speak when you are spoken to as they write down everything you say and there will be big gaps of silence and they do watch your body language. I've been to 4 tribunals now. 3 for dla which I won on the third try and 1 for ESA which I lost. Hope you win your case- stay strong and be truthful. Hope this helps and hope you get a more sympathic panel than what we have here in Worcester.

smileydave10 profile image
smileydave10

Thanks everybody for your comments.... I will sure let you know the outcome on wednesday

TheAuthor profile image
TheAuthor

Hi smileydave10

I remembered that it was your DLA Tribunal today, so I just wanted to wish you all the best and good luck.

Take care

Ken

Good luck for today Dave I hope it all goes well for you :)

:) xxxsianxxx :)

booohooo profile image
booohooo

Hey dave ther will be a judge plus doctor who asks how yr illness effects u on daily basis u will av to answer I took friend plus solicitor who deals with these cases and they told me to explain it to them good luck boohoo xx

smileydave10 profile image
smileydave10

Thanks people, I'm sat here drinking a coffee and bricking myself, It's at 10am and its about 15 mins from my house.

I will let you all know the outcome .........

Ginsing profile image
Ginsing in reply to smileydave10

Morning Dave, wishing you all the best this morning. I dont know how you are feeling today but tell it like it is when it is really bad. If they drop something dont pick it up that sort of thing . Get your self in there and sit and be a patient person.

Good luck

xgins

smileydave10 profile image
smileydave10

well people,I said i would reply and let you all know how it went..... I only got awarded low care component and no mobility.....they said i could apply again cos my condition has worsened using a super something?? cant remember what she said. does anyone know what it is?

Ginsing profile image
Ginsing in reply to smileydave10

Well done that is better than nowt. You can re apply to have the award upped so dont let it rest.

xgins

smileydave10 profile image
smileydave10

thanks gins, but do you know what this super something is?

Ginsing profile image
Ginsing

Afraid I am not sure but someone will I will find the answer for you :)

Ginsing profile image
Ginsing

There is lower middle and higher under the new PIP . Nothing Super mentioned there is also careres allowance.vvhealthunlocked.com/fibroaction/ This site may be helpful to you

xgins

smileydave10 profile image
smileydave10

It's a super session I have to go to, because my condition has got worse,

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