Lost DLA Mobility & Care.

I am a 68 year old man.I was first taken ill 5½ years ago with Polyarthritus Nodasa. This meant I had to retire 2 years early.I was awarded the high component of mobility & care for 5 years.This finished December 24,2010.

Although my condition has improved greatly over that time,I still have problems with balance & stamina,in that I cannot stand or walk long distances. I completed the necessary form to continue the DLA last November, but was refused for both mobility & care.

The distances I can walk, are longer than what I think the DWP consider as "unable or virtually unable to walk". I was therefore resigned to not getting the mobility allowance, but as I am unable to "prepare & cook a main meal", require assistance from my wife in showering & drying myself,plus always have to use a stick when walking slowly (about 4 minutes for 100 yards), I thought I could get the care component.

Unfortunately, the DWP did not agree, so eventually, following an appeal I went to a Tribunal at Stoke on Trent in April.
My cousins wife (Doreen) - who is a retired Doctors practice nurse/health visitor/district nurse, went as my representative. She had prepared copious notes & a report on my condition to present to the Tribunal.She had also previously confirmed with the Tribunals service at Birmingham, that she would be able to present this as evidence at the hearing.

I had seen on this Benefits & Work website, that we would sit on one side of a table, & the judge & doctors on the other.This (at least at Stoke), is not how it's done. When we entered the room,there was a table for us to sit at,the secretary typing every word sat at the tables end,but the judge & doctors (2) sat about 12 feet away, & approx.8-10 feet above us. This was like being in a court, & made us feel initimidated from the start.

The tribunal judge explained that they would ask questions directly to me, & that neither my wife (who was with us) or my representative could answer or add any comments until the tribunals end. The first doctor spent approx.20 minutes questioning me about my leg functions & mobility, what I can/cannot do, how far/fast can I walk. Then the second doctor questioned me about my hands/arms/balance/ & again what I can/cannot do. The way it was going,I really expected to lose my appeal for mobility allowance, but fully expected to receive the care component.

At the end,my representative was told she could now give evidence, however, as soon as she began to talk, she was stopped by the chairlady, & informed that the only way she could give any support evidence, was by asking me direct questions. & for me to answer them. This completely threw all of us, we were totally unprepared for this, & after a couple of questions,we dried up. We were then asked to leave the room, & on returning 5 minutes later, I was informed that my appeal was refused as I didn't meet the criteria for either part of the allowance.

We were obviously very disapointed,& couldn't understand how they had reached their decision, however, after reading the form that came with the written decision,I read that I could ask for a written reason from the judge for their decision. I requested this 4 weeks ago, but still haven't heard anything.

Anyway, the whole point of this letter, it to warn anyone else attending a tribunal, to be aware of the court type atmosphere, it is very structured,&
extremelly intimidating. Be aware of how you are "allowed" to give "evidence", & finally, you will not, repeat not,be put at ease, it is obviously all designed to unsettle the claiment.

oilman wrote:

I am a 68 year old man.I was first taken ill 5½ years ago with Polyarthritus Nodasa. This meant I had to retire 2 years early.I was awarded the high component of mobility & care for 5 years.This finished December 24,2010.

Although my condition has improved greatly over that time,I still have problems with balance & stamina,in that I cannot stand or walk long distances. I completed the necessary form to continue the DLA last November, but was refused for both mobility & care.

The distances I can walk, are longer than what I think the DWP consider as "unable or virtually unable to walk". I was therefore resigned to not getting the mobility allowance, but as I am unable to "prepare & cook a main meal", require assistance from my wife in showering & drying myself,plus always have to use a stick when walking slowly (about 4 minutes for 100 yards), I thought I could get the care component.

Unfortunately, the DWP did not agree, so eventually, following an appeal I went to a Tribunal at Stoke on Trent in April.
My cousins wife (Doreen) - who is a retired Doctors practice nurse/health visitor/district nurse, went as my representative. She had prepared copious notes & a report on my condition to present to the Tribunal.She had also previously confirmed with the Tribunals service at Birmingham, that she would be able to present this as evidence at the hearing.

I had seen on this Benefits & Work website, that we would sit on one side of a table, & the judge & doctors on the other.This (at least at Stoke), is not how it's done. When we entered the room,there was a table for us to sit at,the secretary typing every word sat at the tables end,but the judge & doctors (2) sat about 12 feet away, & approx.8-10 feet above us. This was like being in a court, & made us feel initimidated from the start.

The tribunal judge explained that they would ask questions directly to me, & that neither my wife (who was with us) or my representative could answer or add any comments until the tribunals end. The first doctor spent approx.20 minutes questioning me about my leg functions & mobility, what I can/cannot do, how far/fast can I walk. Then the second doctor questioned me about my hands/arms/balance/ & again what I can/cannot do. The way it was going,I really expected to lose my appeal for mobility allowance, but fully expected to receive the care component.

At the end,my representative was told she could now give evidence, however, as soon as she began to talk, she was stopped by the chairlady, & informed that the only way she could give any support evidence, was by asking me direct questions. & for me to answer them. This completely threw all of us, we were totally unprepared for this, & after a couple of questions,we dried up. We were then asked to leave the room, & on returning 5 minutes later, I was informed that my appeal was refused as I didn't meet the criteria for either part of the allowance.

We were obviously very disapointed,& couldn't understand how they had reached their decision, however, after reading the form that came with the written decision,I read that I could ask for a written reason from the judge for their decision. I requested this 4 weeks ago, but still haven't heard anything.

Anyway, the whole point of this letter, it to warn anyone else attending a tribunal, to be aware of the court type atmosphere, it is very structured,&
extremelly intimidating. Be aware of how you are "allowed" to give "evidence", & finally, you will not, repeat not,be put at ease, it is obviously all designed to unsettle the claiment.

Hi,

Sorry to read about your tribunal experiences and the fact you did not get the award you believe you were entitled to.

I am somewhat concerned that you say that there were two doctors on the panel. The panel should be composed of a legally qualified Judge (who acts as Chair), A Doctor, and a third panel member who is either disabled or has an indepth knowledge of disability issues. I suppose this could have been a doctor (hopefully Jim, our tribunals expert can you confirm this if he is well enough to post?) but they should have been there in the capacity of disability member and introduced as so, not as a Medically qualified Doctor.

Hopefully our moderator Jim who has vast experience of DLA tribunals can comment if indeed two doctors were on the panel.

Although the tribunal is a court of law, it normally is more relaxed than a 'traditional' Magistrates or Crown Court. If the panel were sat 8 feet above you it does sound somewhat intimidating which is unusual again.

It was correct that the panel did direct the questioning to yourself, as it is only you who can answer the questions from the panel.

As you have now been waiting 4 weeks for the Statement of Reasons, it would be worth chasing this up with the Tribunals Service. If oyu are looking to take this forward, you will need to go through it with an expert to see if the panel have 'erred in law' which is the only grounds for further persuing this claim.

Hopefully as I said before, if he is well enough, I hope Jim can comment on your post.

Pete

Hi Oilman

I'm sorry to hear about your experience.

A statement of reasons usually takes between one and two months, but it's worth contacting Tribunals Service to find out when it will be ready.

I'm afraid people have very mixed experiences with tribunals. They usually take place around a table in an non-intimidating environment, but clearly having the panel sitting 8 feet up does not facilitate this.

Good luck

Derek

Thank you very much for your very quick replies to my post. I must apologise for stating 2 doctors.When I re-read my decision notice, it does state that a Dr...... & a Mr......... were on the panel.
Sorry about that, but the way he was questioning me,I thought he was also a doctor. I must admit that being very nervous on the day, I didn't notice what was on his nameplate.

From where the panel were sitting you would have needed binoculars to have seen his nameplate!

I have just received (May 27th)the Statement of reasons for the Tribunals decision to dismiss my appeal.
The Statement consisted of 17 points.
Number 14 reads:-On the basis of our findings of fact the appellant did not satisfy the criteria for the award of the highest or middle rates of the care component or the higher rate of the mobility component from 23/12/2010.We were aware in coming to our decision that the appellant had previously had an award of the higher rate of the mobility component & the highest rate of the care component.We were satisfied that there had been a relevant change of circumstances in that the appellant was no longer unable to walk & did not need assistance with his bodily functions frequently throughout the day or during the night.
Number 15:-We were satisfied that the assistance he required would satisfy the criteria for the award of the lowest rate of the care component only as did his difficulties with preparation of a cooked main meal for himself.
Number16:-At the date of his renewal claim the appellant had attained pensionable age,65 in his case. No new award of the lowest rate of the care component or the lower rate of the mobility component can be made to him by virtue of the provisions of Regulation 75 Social Security Contributions & Benefit Act 1992.
Number 17:- The appellant is not entitled to DLA from & including 23/12/2010 & the appeal fails.

In all honesty, I have to agree that I probably am not now disabled enough to warrant the highest rate of the mobility or care. However, I do still have many problems, & still require assistance from my wife with showering,drying,
dressing,undressing,preparing meal etc.
I have some questions which I hope you can help me with.
1)Why couldn't the tribunal have reduced my award from the highest to the lowest rate?
2) Why would I have to make a NEW claim (if I was below 65)to obtain the lowest award in mobility & care?
After all,my appeal at the tribunal was for a continuance of a 5 year award. Why couldn't they just award it but at the lower rates?
3)I now feel that the way forward is to claim for Attendance Allowance. Do you agree?
4) If you agree, do you have any advice, i.e.anything on this site? filling out the claim form etc.
Your help would be very much appreciated.