CAB interview

Yesterday I attended an appointment with my wife at the CAB in Warrington to discuss my appeal on DLA denial. I had asked for a representative at the Tribunal.
The lady I met stated that CAB don't attend Tribunals as reps now. She used to work for the Law Centre but it has closed due to withdrawal of funding.
She then stated that Tribunals do not look kindly on reps presenting your case at Tribunals, but that all questions would be directed at me. I asked her about the statistics showing people with representation have a better chance of success. She reitterated her view.

She then read my bundle and stopped at the mobility part and stated that unless you can only walk about so far (indicating about 5 feet) without pulling up out of breath, that I was unlikely to succeed. She also said that unless I had a carer for seven days I would not succeed.
I asked her what was the purpose of the form then and she replied "exactly".
She stated from the form that I could make my own meals to which I replied that I couldn't and had answered as such on my form. She then stated that my doctor had been the cause of the refusal and suggested that of I wanted my appeal to go forward then I must ask my dioctor for a written letter discussing the effects my disabilities have on my day-to-day activities and not the actual disabilities themselves.

CAB will not represent me at the Tribunal and left me quite despondent, but I will continue with it and see my doctor. I agree that my doctor's box ticking did not help me, but on a lot of issues I had not discussed with him. Clear evidence that your own entries on the form are totally ignored.

I would welcome any comments on this.

Do not give up if you cannot get representation - your chances of success may be lower without representation but those are just statistics and you do not have to be statistically average.

Do you have a copy of what your doctor wrote? If not, why not get it? It will help you to see whether it would help you to get more evidence to support your claim.

We cannot advise on individual cases on here, but I do want to pick up on a couple of points. You do not have to have a carer, you have to reasonably require care, and it is most of the time not every day.

Many people whose needs fluctuate day to day do get DLA.

I wonder if this is just ignorance on the part of the CAB adviser - or whether she is relating the way she has seen appeal tribunals interpret the rules?

Survivor,
Thanks for the reply. Yes she did seem to be saying things that were at odds with what I read on here. That's why I will continue. 40% odds are better than none.

Pete

Thanks for the reply Mrs H,
Yes it does seem that she should ostensibly have a very good knowledge of the subject.

Very strange.

Pedro1953 wrote:

Yesterday I attended an appointment with my wife at the CAB in Warrington to discuss my appeal on DLA denial. I had asked for a representative at the Tribunal.
The lady I met stated that CAB don't attend Tribunals as reps now. She used to work for the Law Centre but it has closed due to withdrawal of funding.
She then stated that Tribunals do not look kindly on reps presenting your case at Tribunals, but that all questions would be directed at me. I asked her about the statistics showing people with representation have a better chance of success. She reitterated her view.

She then read my bundle and stopped at the mobility part and stated that unless you can only walk about so far (indicating about 5 feet) without pulling up out of breath, that I was unlikely to succeed. She also said that unless I had a carer for seven days I would not succeed.
I asked her what was the purpose of the form then and she replied "exactly".
She stated from the form that I could make my own meals to which I replied that I couldn't and had answered as such on my form. She then stated that my doctor had been the cause of the refusal and suggested that of I wanted my appeal to go forward then I must ask my dioctor for a written letter discussing the effects my disabilities have on my day-to-day activities and not the actual disabilities themselves.

CAB will not represent me at the Tribunal and left me quite despondent, but I will continue with it and see my doctor. I agree that my doctor's box ticking did not help me, but on a lot of issues I had not discussed with him. Clear evidence that your own entries on the form are totally ignored.

I would welcome any comments on this.

As I used to live in Birchwood, Warrington, I know that the Law Centre closed as the council withdrew financial support. Also many CAB's cannot do representation, again due to lack of funding.

However, the distance quoted to you for HRM of five feet is wrong. Legally there is no maximum distance that cuts off a claimant from receiving HRM, although Upper Tribunals ( formerly Social Security Commissioners) tend to hover around 50 metres.

To be able to receive DLA HRM, the claimant has to prove that they are unable to walk, or more commonly 'virtually unable to walk' which has to take account of the distance, time, manner and speed of walking without what the law states 'severe discomfort'

For more information see HERE
and scroll down to : 5. Disability test - mobility component

Hope this helps and good luck.

Pat