DLA tribunal hearing - any advice

[puternut]

My OH Has appealed against a decision to cut her DLA to zero - after 12 years claiming - and the next stage is for a '3rd party tribunal' hearing. As yet we have no date but understand it might be months due to the backlog. Meanwhile the DLA has been stopped.

We are going to an advice centre today for them to get some kind of letter of representation together.

Has any ABer ever had to do this? Any advice to give?

I read on the web that you should try to go along to one before your own just to get an idea of the situation/procedure, so are they open to the public?

[ojread2]

I cannot imagine for one minute that the hearings are open to the public and I can't find anything to suggest otherwise
You might find this helpful
http://www.fibromyalg.../334-shannon-dalshaug
Although it's form the Fibromyalgia ass web pages, it will be relevant to anyone in this situation

Good luck

[mrs_overall]

Hi puternut
I have a relative who has blocked femoral arteries in both legs (one is worse than the other) and can barely walk 3 paces. He has had to give up work as a builder. He has been denied ESA and DLA and is living on handouts from family members. He went for a medical assessment and scored zero as the assessing doctor said he could travel more than 100 metres in a wheelchair and as there was nothing wrong with his upper body he could work. (How many wheelchair bound builders do you see up scaffolding?)
The first appeal failed and he is now waiting for a date to go to a tribunal hearing. We have a local Disablement Action Group who have given him a ton of useful information. I believe CAB were helpful as well, and there must be forums which give advice on the subject
I am pretty certain they are NOT open to the public.
Good luck to you both xx

[puternut]

Just for interest the advice is from

http://www.benefitsan...wance-dla/dla-appeals

see the first line of the second set of bullet points.

The full guide is £9.99 - so wont be buying it

[ojread2]

now that beggars belief :(

[mrs_overall]

Why not ask if your local library has/can obtain a copy?

[puternut]

Thanks MrsO

We have been to CAB who simply told us they can't do anything apart from putting us in touch with the local advice centre we are seeing today. I will cheack out any Disablement Action Groups in the area too

[ojread2]

http://www.direct.gov...ledpeople/DG_10023092

Confidentiality
All the medical information related to your claim, including the healthcare professional's report from the medical examination, is confidential. It will not be released to anyone outside the Department for Work and Pensions

This would be an absolute reason any DLA hearing wouldnt be public, surely?

[EDDIE51]

Get an advisor from the CAB to go with you, they are very good but very busy . You need to get on to them ASAP and book an appointment.
Mrs_overall that is ridiculous the assessment is about walking unaided not using a wheel chair . Your friend also urgently needs the help of the CAB ad visors. Let me tell you a true story. A few years back I took a wheel chair user to a tribunal hearing for DLA. We drove 25 miles only to find the hearing was on the 4th floor and the lift was out of action.
I went up to the tribunal office and asked if the interview could be held down in the entrance hall as it was impossible to get the guy up 4 flights of stairs.
They said ''No against the rules, can't do it'' I phoned the benefit centre that had sent him to the tribunal and they said ''Sorry just bring him home''
We got back, next week he got a letter saying his benefit had been stopped ''As he had failed to attend the interview !''
We saw his doctor who was extremely angry with the benefits people and contacted them immediately. He told us that a wheel chair bound claimant should never have even been asked to attend a tribunal, if nessesary the hearing has to be arranged at the claimants home. Any way it took 5 weeks but he finally got his benefits back.
These tribunal doctors are on a bonus they get a £250 cash bonus if they refuse or cancel a claim but get only the basic fee if they approve the claim.
They are not part of the DWP but are subcontracted to do the assesments ,many of them can hardly speak English and it is the only job they can get.

[EDDIE51]

puternut that link is great and very interesting but the CAB know all this and their advice is free. That site is a commercial operation trying to sell guides to claiming.

[mrs_overall]

eddie, these doctors are total barstewards.
I've read the medical report from my relative's assessment and it reads like a work of fiction.

[EDDIE51]

mrs_o your relative really needs to have his own advisor such as a CAB advisor with him when he goes to the tribunal . Get him to get on it now as the CAB have a huge work load and it could take weeks to get an advisor, then the advisor needs to be fully aware of all that has happened so far. I was told by my mate Doctor that up to 70% od tribunal appeals are succesfull. It is policy now to reject virtually every claim , a lot of people just give up and they rely on that to save cash. By the way is your relative cliaming JSA as they say he is fit to work ? it is at least something and when the jobcentre see him turning up to sign on in his wheel chair it may just get them to pressurise the DLA lot to take the case back.

[puternut]

Thanks to onae and all fro your input.

Went to see an advice centre but, because we have a company pension, we are over their maximum earnings as regarsds a full service but she did give us half hours advice.

My OH was happy to hear of the apparent informality of the tribunal and I think that has helped her a lot. I think she expected a judge in full ermine cloak and wig - an probably a black cap too!

All we can do is wait and see when we have to go.