DLA Appeal anything I should know ?

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DLA Appeal anything I should know ?

Postby hjlinton » Sat May 11, 2013 3:31 pm

I have just received my tribunal date 16/6/13. Does anybody have any experience or helpful tips to what I can
Expect or get ready for the big day. I have my doctor behind me and am in the esa support group also had a blue
badge for 8years so cant understand why its had to go this far but any info would be appreciated. Thank you xx xx
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Re: DLA Appeal anything I should know ?

Postby anonymouse » Sat May 11, 2013 3:54 pm

I have not had any experience with DLA Tribunals, only appeals. However I have had quite a bit of experience with ESA Tribunals. My advice would be very similar: Do some research into the law behind DLA. Understand the different rates and components (Mobility & Care Component) and work out for yourself what you believe you should be entitled to. Then your job is to convince the Tribunal that you are entitled to it and you need to submit as much evidence as possible, as you say things like the ESA support group and disabled badge will help a little but they don't offer evidence of the specific requirements of DLA.

To help you along I have a link for you: http://www.dwp.gov.uk/publications/spec ... ide/#vol10 these are the decision makers guides for benefits. As the name suggests decision makers make the decisions on applications and appeals at the DWP. So having their own guidebooks yourself would be handy. Have a good google around as there are one or two website out there that provide good information for fibromyalgia and DLA, or DLA and how its worked out. I used the guides and legislation when I wrote an in depth guide for my website on DLA so they are very usefull tools as DLA is actually quite complicated. The only easy bits I remember are for higher rate mobility you have to prove you are "virtually unable to walk" and lower rate care you have to prove "your not able to cook a meal for yourself even if you had the ingredients." I have a really bad memory and only remember these because its what I was awarded on appeal.

I wish you the best of luck, get to know the law and collect evidence and it should be ok. If you need any further help and any time post on this thread or PM and I will try to help you as much as I can.

Anonymouse x
Fibro, Chronic Pain, Insomnia, Psoriasis, Migraines, Light & Hyper Sensitivity & Joint Subluxation but apart from that I am perfectly healthy & battling for ESA & DLA. - Twitter: my_fibromyalgia - Facebook: myfibromyalgia
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Re: DLA Appeal anything I should know ?

Postby li-li » Sat May 11, 2013 4:37 pm

Hi, I had my tribunal in March and I was totally unprepared. I have had a blue badge for 10+ years and had dla for 6 years made up of hrm and lrc.I walk with 2 walking sticks, given to me by nhs physio dept and use a wheelchair outdoors. My tribunal was deferred as they didn't feel they had enough information. Dla had asked for a statement from a dr in the asthma clinic rather than anyone related to my fibro.
My best advice would be to get letters from any health professional you can and keep a diary for a few weeks, recording every pain, difficulty, or assistance you have. Be prepared for lots of questions about how you manage and how you spend your time. Mine lasted an hour of being questioned.
Send in as much evidence as you can and keep a copy of it all.
I hope it goes well for you, and that your tribunal panel are experienced in any of your health issues xx
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Re: DLA Appeal anything I should know ?

Postby teresa67 » Sat May 11, 2013 7:12 pm

no experience of tribunerals but the only advice I would give and this was off my occupational therapist you have think of the bad days when answering and not on the good days, even if it is a good day when you go to the hearing which I doubt very much because even on my good days there is a lot of pain xx good luck and try not to stress to much xx
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Re: DLA Appeal anything I should know ?

Postby hjlinton » Sat May 11, 2013 9:31 pm

Thank you all for ur help. I am on co codamol diclofenac Tramadol and morphine for pain and amitriptyline to help
Fibro migraines etc. I am in servier pain all the time not just when walking and surly painkillers will dhow this.
Anyway I will let u know how it goes. Thanks again x
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Re: DLA Appeal anything I should know ?

Postby anonymouse » Sat May 11, 2013 11:27 pm

It sounds to me like you should really qualify for DLA. You need to prove you are "virtually unable to walk" to get higher rate mobility. So any evidence of that will be good (get as much as possible), like turning up in a wheelchair, doctors letter, statement from carer, take you repeat prescription list to prove your on the drugs. (Morphine obv the most serious of the bunch there, I'm on morphine and although it took between 2 and 3 years I'm on DLA, higher mobility, lower care.

Then for lower rate care the test probably most applicable is that "you can not cook a meal, even if you have all the ingredients" so any evidence of that. Too, talk about what the implications would be should you attempt to do this, I burnt myself in the kitchen a lot before I gave up cooking.

Once you know the "wording" that your trying to prove its just all about evidence gathering.

Anonymouse.
Fibro, Chronic Pain, Insomnia, Psoriasis, Migraines, Light & Hyper Sensitivity & Joint Subluxation but apart from that I am perfectly healthy & battling for ESA & DLA. - Twitter: my_fibromyalgia - Facebook: myfibromyalgia
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Re: DLA Appeal anything I should know ?

Postby isitme » Sun May 12, 2013 9:12 am

don't be caught out on the walking point with hrm.

although you are in constant pain == you have to show how you are in MORE pain by the act of walking..

on my 1st application I said this and did not get it as I said !put it this way I am in agony before I even set off"..

it clearly states the act of walking so say how you pain worsens by the act of walking if need be

actually how would thi swork for wheelchair dependents!!! but anyway I don't know if I explained it very well but pls research that is you are not wheelchair dependant all the time.

good luck.
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Re: DLA Appeal anything I should know ?

Postby hjlinton » Sun May 12, 2013 8:35 pm

Thanks for that and it did make sence. Its a minefield out there. I use a wheelchair on bad days and if going out
But have crutches. Hopefully they will see what I was trying to explain on my form when I can say it. Its so hard to explain
in writing. Thanks again for the tips all greatfully recieved. HAPPY FIBROMYALGIA AWARENESS TO ALL
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