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TOPIC: One final bit of advice Re; Tribunal,please.

One final bit of advice Re; Tribunal,please. 6 years 11 months ago #13874

Hi All,

What started out as request for paper hearing has now changed to Oral Hearing as instructed by a LQM.

I have already addressed all my issues on paper and the tribunal have all these details.

I want to put some structure into my oral appeal hearing, and I have taken the steps I feel would be most helpful to me in presenting my case. I have choosen not to be represented, I need to do this for myself, i know that I will only be satisfied if I can manage it myself. It may seem like a silly option, but my case for DLA is personal to me.

So I would appreciate others giving me their views on the following, and once I decide, I am going to put my case away and forget it for a while so that I can settle myself prior to the hearing.

Over the past 2 weeks, I have kept a diary record, detailing the help I have needed, and also what I manage to achieve myself. My record details my situation throughout the days and Im sure a lot of it isnt relevent to care and mobility needs, but I feel that it is important that I display the context in which help has been given, and it shows how a little help can go a long way.

So what I have done is summerise the help I have needed, printed 3 copies and attached the full details to the LQM's copy. But, do I give this to the clerk prior to the hearing when I am asked if there is anything I would like the members to consider, or do I just bring it in with me.

And the second thing I ask for your views on is;

Because i feel that I have already presented my case on paper, and thought that is how the decision would be reached, it would be important for me to try and establish what further case I have to answer.

So, what i have done here is to briefly summerise my care requirements, and also my mobility problems and basically drawn the tribunals attention to my evidence already provided. So do I give this to the clerk, or do I take in with me and present it as I go along.

What would you consider to be in my best interest to do, and also, what do you feel the tribunal would prefer.

I know 100% the decision is mine, but I would really appreciate other peoples opinions.


Thanks a lot

Kathy x
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Re:One final bit of advice Re; Tribunal,please. 6 years 11 months ago #13880

Hi Kathy,

The advice I've always read and been told is that you stand much less chance of any success alone. I doubt very much your DLA problems will shock any professional representative, however embarassing you might think, - so perhaps you should reconsider fighting this on your own?

Sometimes, the difference between winning and total failure is wording we might not be aware of, or a point of law these Tribunal judges are complacent about.

Please think carefully before you go it alone.

Good Luck,


Angelica.
Take care of all your memories. For you cannot relive them. = (Bob Dylan)
The administrator has disabled public write access.

Re:One final bit of advice Re; Tribunal,please. 6 years 11 months ago #13884

Hi Angelica,

And thanks for reply, my Tribunal is tomorrow but I have had someone look at my case in advance. All the legallities have been addressed in the paperwork, Legislation, regulations, and commissioners decisions.

I have great support from my GP as well, so hopefully this appeal will go well for me, I fell to pieces at the last one for other reasons not connected to my case. This time I am in a stronger position from the start, and I dont think i will have the difficulties I faced the last time.

Representing myself has more to do with my own self worth rather than embarrassment.

Once again, thanks for taking the time.

Kathy x
The administrator has disabled public write access.

Re:One final bit of advice Re; Tribunal,please. 6 years 11 months ago #13888

  • lavenderlady
Hi Kathy

I think it would be best if you took all your info in with you into the room at the Tribunal and not hand it in to the Clerk.

This is because they will already have studied all the papers they have about you and to be honest I don't think they will have the time/ or make time to read more long detailed information at the hearing.If it was a letter, report from a Specialist then of course they would have to.

What you could do is hand over 1 or at the very most 2 sheets with the key points listed in clear, large print with large space underneath each point.

The clear presentation of this sheet of info is essential, because it needs to be something that they can skim through quickly, yet get the key points.

Use the summery sheet to focus primarily on your care and mobility needs. Nothing else.

I know this sounds obvious, but it is the proven care and mobility needs that they are concerned about not your illness.

I suppose at the end of the day, a person could even be at death's door, but unless they can prove their care and mobility needs they won't get DLA, because they will be considered only as being sick and not having proven care and mobility needs.

Make photocopies of these 1-2 summery sheets to give to each panel member and keep one of course for yourself!

You could use this summery sheet as a way of guiding them through your presentation.

I think that you have been wise keeping a a diary. You can offer it to them over the table as evidence.

You've said that you have detailed things that don't relate to your care and mobility needs but would help give a picture of how thigs are. Everything stated must relate to your care and mobility needs. If it doesn't it might be considered irrelevent.That's how I see it, but I could be wrong.

The Tribunal will be totally focused and looking for anything, anything, that indicates you have a care need and mobility needs. You must keep showing that you need help whatever that help may be.

Like me you sound an exstreamly capable and competent person, but I have learnt over the years that coming across as being too able can work against you and that people have no access to your vulnerable side.

You said previously you are very determined, then suddenly you wilt. That suggests to me that you are not as strong as as you think you are and that you are in reality much weaker and more vulverable than perhaps you yourself have realised.
The fact that you cried at the last Tribunal shows you are weaker than perhaps you would like to admit.

There is no shame in weakness. Showing vulnerability is no bad thing.

People like you and me who are competent and capable, who try and try and try to do our best, to be an independent as possible can occassionally viewed as not having needs. They, whoever, just presume we can cope and don't need help.

That's why I wouldn't worry if you come across as a 'wet lettuce', because the truth of the matter most of the time you are! Yes you have determination and tackle things as best can trying, trying and trying again, then you wilt, and behold your a wet lettuce again!

There is I believe strength in weakness and vulnerability.

As the years have gone on and on I am more and more aware that indeed I'm not really coping and I think this should be your emphasis. You want the Tribunal to realise, here is a lady who is struggling, trying to help herself in everyway, but she really is not coping and does have valid care and mobility needs because she isn't coping.

As to your self-esteem being low. Just remember you are special and valuable. If you suddenly stopped posting on this forum people would miss your imput, your valuable contribution.

You are valuable and of great worth.So don't forget this.

Best Wishes
:)
Lavenderlady
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Re:One final bit of advice Re; Tribunal,please. 6 years 11 months ago #13889

Lavender Lady,

I think you can read my mind.

earlier today, my husband and I sat down and decided what we thought we should do and here it is;

Printed 3 copies plus one for me just the following;

Short 4 line note/explanation to tribunal by way of clerk.

One Page in large print well spaced just pointers to what I feel I need to address.

One page well spaced of my summarised diary only detailing care and mobility( i have attached my full 2 week diary only to the LQM copy for reference only)

How unreal is this, you advising me to do what I had aleady opted for earlier. I was so shocked (even down to the suggestion of large print and spacing) that i called my husband to read your post, he thought what I had done earlier was as a result of your advice until I pointed to the time of your post.

I have sent you a PM just to show you something else I am including, and have asked the members to consider reading if they have the time.

Once again, your advice has really boosted my confidence today, and i thank you very much. Hope I have good news to report this time tomorrow, the wet lettuce probably will appear, but a quick kick in shins frum hubby wont be long bringing me to my senses.

All the best


Kathy xxx
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Re:One final bit of advice Re; Tribunal,please. 6 years 11 months ago #13897

  • lavenderlady
Hi Kathy

Thanks for PM. I have posted a reply to you on the PM board.

I'll be thinking of you tomorrow at the Tribunal and as in the best of soap plots I look forward to hearing how it went.

All the Best
Lavenderlady
The administrator has disabled public write access.
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