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No Advocacy for Tribunal Hearing

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12 years 2 months ago - 12 years 2 months ago #80060 by ladyanne
No Advocacy for Tribunal Hearing was created by ladyanne
My son was refused DLA (Higher Mobility) when he turned 16 at his renewal(Feb 2010). He was in receipt of this from 2008. In summary, he has low bone density (vitamin D deficiency) and severe IBS. His consultant advised that due to his IBS, he cannot absorb relevant vitamins to increase the density in his bones hence bone pains. I was unable to get assistance from DIAL to assist me completing his form and I did not 'tick' any of the boxes as to how far he can walk but gave examples of him not leaving the house on his own since 2007 and me having to transport him everywhere. I did not want to tick the boxes as I could not answer the distance questions. I had contacted different advice agencies who could not represent him but advised me to send in all his medical evidence and any other evidence of how his medical affects him. I sent in everything from 2007 including letters which show that I had problems getting him diagnosed on the NHS, him being home schooled for a while. Problems with the school getting him reintegrated back into school as they did not know how to deal with his condition, negative social services intevention, etc. It was a lot of information. Atos came out to do a medical assessment and asked him if he would walk 10 mins in a normal manner even though I told the GP that he had not walked outside on his own for the past few years. Someone was also with him. He lost his renewal because of this statement. I asked DLA to write to his consultant for further information but they refused. I could not find anyone to represent him at his hearing on 30 November 2011. The report from ATOS is ineligible. The statement of reasons concentrate purely on the statement that my son said that he could walk for 10 mins in a normal manner. The Panel was very intimidating especially as he 'walked in normally'. This was not the day he had one of his attacks. I had taken more medical evidence (current investigations) and think I got the Panel's back up. Judge [mod edit, cannot publish names] said that he had not seen so much papers and on one hand, 'I should know when to draw the line under it' even though he could not tell me not to submit any further documentation. Due to the paperwork I had submitted, they could not hear his case but still asked me questions about his care. One of the panel members reminded him that he should not be asking me questions as they were not going to hear it but he said he was making notes for the next panel members who would hear the case. He also asked me what level of benefit was I seeking for my son. I replied, 'higher mobility, what he was on before'. The Judge replied, 'oh really' and sat up surprised. I wanted to burst into tears as I felt they had already made their decision before we went in. He still persisted in questioning me about his care needs. I told him he did not qualify as he was at school all day and he agreed. The Judge said that they were not concerned with current evidence, only evidence at the time he lost his renewal but I had been told to get up-to-date medical evidence. What concerns me is that on the Decision Notice, it is noted in the Directions to the Clerk before relisting 'the Chairman and Members of today's tribunal are not excluded from further involvement in the appeal'. The case is due to be heard on 30 Jan. Apologies for the late request for assistance but I have been trying to get representation but everyone's budget has been cut and this service is no longer offered. I really have no more strength left as his illness over the past years really took it out of me and obviously had an impact on my own health. My son is shy and does not speak out which is what caused a lot of problems in the past with him being misdiagnosed and the NHS not carrying out relevant tests. Is it normal for a panel to be involved in another case, I thought his hearing was meant to be impartial. Any advice please, I'm at my wits end :(
Last edit: 12 years 2 months ago by .

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12 years 2 months ago #80067 by Gordon
Replied by Gordon on topic Re:No Advocacy for Tribunal Hearing
ladyanne

First, can I ask you to shorten the length of your posts and consider the use of paragraph breaks.

With regard to your sons hearing; submitting more evidence on the day of the hearing is a real no no, unless it simple cannot be avoided which does not seem to be the case. Secondly, the panel can only look at your sons condition as it was at the time of the Decision you appealed, so if his condition has worsened since then it will be out of the scope that they can look at.

The argument for your case is that son has mobility issues, the DWP say that he can walk normally, so this is where you should be concentrating your argument.

Have a look at the following guides;

The Best Possible Disability Living Allowance Claims For Adults On Physical Health Grounds

The Best Possible Ways To Challenge A DLA Or AA Medical Report

The Best Possible Support For Clients With DLA and AA Appeals

Giving Persuasive Information About How Far You Can Walk

You should concentrate on the mobility sections.

The Tribunal will direct most of their questions at your son, if you believe this to be a problem, you should make the panel aware of this at the start of the hearing, they will not view you correcting his answers positevely if you do not do this, and have their permission to talk on his behalf.

I am not going to suggest you seek help from an advisor, there is not enough time and it is very unlikely that anyone will take his case at this late stage.

If you have any questions, please reply to this thread.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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