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TOPIC: worried about my tribunal hearing

worried about my tribunal hearing 7 years 3 days ago #13585

  • Deborah Eaton
Good morning everyone

I am so worried about my tribunal hearing and don't want to go into a full length in depth story about my illnesses!

Have high rate care, low rate mobility.
Appealed in March for high mobility on grounds that I was so depressed only thing I could manage was driving dogs to park, sitting on bench while they played. As long as I was near a toilet I felt safe as suffer with severe incontinence. Also walk with a stick due to back, neck and leg pain, have ulcerated legs and colits. Get panic attacks on tube but can use bus accassionally. Also have asthma.

Cannot afford to keep paying congestion charge and parking fees in London and need to get a mobility sticker for my car.

This was turned down as I should have someone with me at all times and that is why I am on the higher rate.

Went to local council told the same and hoping to get mobility parking badge and got offered nothing, not even a freedom pass.

Still waiting since March for my tribunal date and it will be coming up soon. I am terribly depressed and truthfully taking my dogs out is my only form of pleasure. I feel safe in the car and somedays just need to get out alone with them which takes the burden of my family and makesme feel I am able to do somethings for myself.takes the burden of my family

I have been offered on going councelling, twice a week for three years whichis quite a journey from where I live. I know I will not be able to go alone unless in the car as my taxi card will cost a fortune and not sure what do say anymore to help me get the mobility badge. A friend is willing to take me in her car but again cannot afford the congestion charge and parking fees.

Any advice would be so much appreciated.

Thank you
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Re:worried about my tribunal hearing 7 years 3 days ago #13588

Hi Deborah,

Have you looked at the guides in the members area about DLA appeals. The guide to:

The Best Possible Support For Clients With DLA and AA Appeals

has lots of details about what actually happens at an appeal which may help you feel more prepared.

Have you had a chance to get support from an advice agency with your appeal?

It is important to be aware that claim for higher rate mobility can't be based on depression. Except in rare exceptions it needs to be based on physical issues such as the back, neck and leg pain that you mention. The guide to claiming DLA on physical health grounds goes through the criteria for qualifying for higher rate mobility. It would be worth taking a look at that prior to your appeal.

Good luck,

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The administrator has disabled public write access.

Re:worried about my tribunal hearing 7 years 3 days ago #13590

Hi Deboragh,

Completly understand how stressful you feel re appeal.

If its any consolation to you, I attended an appeal earlier this year and I have another coming up very soon.

From my own experience, I was really worked up before I went, even though I lost my appeal, the panel members were lovely to me. From the very start you will be put at ease, honestly. if it have of been bad there is no way I would attend another.

Im not really clear from your post exactly on what grounds you are claiming HRM, but im taking its on physical re your pain conditions. If this is the case, you will have to explain why you feel you meet the criteria for being "virtually unable to walk" based on distance, time, speed and manner of your walking.The panel will ask you what distance you experience severe discomfort from pain, breathlessness, extreme exhaustion or muscle spasm.

It may be a good idea, before you go to keep a record of this information when you walk outside. Try and get someone to help you. The more information you can provide will help and make it easier for you to explain at the hearing. The tribunal have to gather evidence and base their decision on the balance of probabilities.

As Steve has suggessted, look at the guides on here, but try not to worry, once you are in the room, you will feel more at ease.


All the best

Kathy
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Re:worried about my tribunal hearing 7 years 3 days ago #13603

  • Deborah Eaton
Thank you so much for the advice Steve and Kathy. I do not really hold out much hope in getting the rate of lower mobility to changed to higher as I can walk though not very far.

I would like to find an agency who could perhaps come with me to the hearing and explain my case as I know get nervous but it is very reassuring to know the panel are nice people.

I try to read as much as I can on here as it is full of helpful information and I really think this site is brilliant. Well worth the yearly subscription and have recommended it not only to people like myself but also to professionals too, like housing support officers and CAB staff.

Once again many thanks I do feel much better about going to the hearing now and not like a criminal.

Best wishes

Cashed
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