DLA Appeal

Thanks Gordon, it was rather late but as I said earlier, we were waiting for a response from DLA, who by telephone said they were posting the required paperwork out, but never did. They have messed us about disgracefully.

The papers were with the Tribunal Service last Friday and they have copied, and I assume, sent them out to all who should have them. My daughter received it all copied and sent back to her yesterday.

Thanks for the 'Good Luck', we are not at all optomistic - just expecting the worst. We can only hope that we get a good 'panel' who are at least kind and considerate and don't cause my daughter too much stress.

mommaduck wrote: Thanks Gordon, it was rather late but as I said earlier, we were waiting for a response from DLA, who by telephone said they were posting the required paperwork out, but never did. They have messed us about disgracefully.

The papers were with the Tribunal Service last Friday and they have copied, and I assume, sent them out to all who should have them. My daughter received it all copied and sent back to her yesterday.

Thanks for the 'Good Luck', we are not at all optomistic - just expecting the worst. We can only hope that we get a good 'panel' who are at least kind and considerate and don't cause my daughter too much stress.

Hi md,

It is indeed a good philosophy to plan for the worse and hope for the best, hopefully it will be the latter.

Good luck tomorrow, I hope that your daughter is dealt with in a compassionate manner by the panel, which does seem to be the norm rather than the exception.

I am sure you will let us all know as soon as you know the result.

bro58

Update on my daughters Appeal today:

First of all they were not able to make a decision owing to the time taken 1hr 20mins which meant that we ran over into the panels 'lunchtime'. This was the doctors fault as she totally took over.

The panel consisted of three ladies plus an observant (from the back) district Judge - don't know why. It was held in a court room - very daunting.

The judge and disability member were extremely nice and reasurring. The doctor was extremely agressive and hostile.

We were told that a person from the DLA was attending only to find that this person who had been at the two previous appeals that day, came out and asked to speak to the tribunal clerk, who then came back out to us, quite perplexed to say that the DLA would not stay and attend as they had nothing further to say???

We can only assume that they did not want to be questioned by the panel or us as to the appauling way that my daughter had been treated by them, and despite two requests Subject Access Requests for paperwork, my daughter had not received a reply. They had failed to contact anyone on the application form for medical evidence despite there were reports, scans, xrays and four or five consultants letters available to them, nor offer her a medical. Anyway, I degress.

The doctor kicked off the proceedings and straight away, asked (always in an agressive and hostile manner throughout the proceedings) who had completed the application form, waving it in the air along with the 21 extra sheets that had been attached, like a 'fan'. I responded that I had as my daughter was not able.

She was royaly 'tee'd off' with me! I had obviously taken the advice of Benefits and Work and expanded every sheet with a type written addition. (the judge thanked me saying you have provided lots of information which will help us make our decision)

Doctor then stated to daughter, not asked 'but you did type these didn't you!'. I stated that I had as my daughter was not able to. She then took me to task for filling in my daughter form without daughters help. My daughter then stated 'no she did not'. It states in my application that my mum comes round every day to see me and it took several weeks, doing a bit each week until the claim form was completed. Doctor then asked my daughter several times if she had read the claim form only to be told, several times that she had.

She then asked how did she get her today. My daughter answered that we came by car and her sister drove.(both myself and her sister, my other daughter were present) She then said but where did you park. Daughter - outside. Doctor then said, so you have parked illegally on double yellow lines. Daughter, no, we parked in the disabled bay outside. Doctor - you have parked illegally in disabled bay then. Daughter, no, my mum is disabled and it is her car and blue badge (a lot of huffing and puffing from doctor throughout)

Doctor: you have a disabled 19 year old son - how can you possibly care for him if you say you are disabled. Daughter, I don't do any of his physical care as I am not able. Doctor;Does your son get DLA. Daughter, yes. Doctor, high rate mobility and care, Daughter, yes. Doctor, do you claim carers allowance, Daughter, yes, Doctor, so you are claiming carers allowance but not caring for your son! At this point the Judge interupted and kindly said to my daughter, but you care for him in a 'watching over capacity all day and night, don't you, to make sure he is safe'. Daughter yes, I was trying to explain that but not allowed. (The doctor was bombarding questions so fast and agressive my daughter was totally overwhelmed)

Doctor, can you drive, Daughter, yes, Doctor, you CAN drive, but can hardly walk, Daughter, yes, you asked if I could drive, not DO you drive, Doctor shaking of head again. (clearly not allowed to drive if disabled, so why do Motability provide vehicles to disabled drivers??)

This went on as I say for over an hour, and by this time all three of us were in tears at my daughters distress as she was finding it hard to answer this doctor as her mind had gone totally blank, as had mine and I was not under fire!

I won't continue to list some of the more outrageous questions and accusations that were fired by the doctor. She interupted the short time that the carer member had in trying to put questions to my daughter (carer member looking exasperated much of the time) and finally the carer member made it clear to the judge and doctor, by her questioning, how much of an impact that my disabled grandson had on my daughters health and disabilities, and how much danger my daughter was in as my grandson is 6'3', has no speech and the mental capability of a three year old with the strength of an adult - he persitently hits, punches, pushes over my daughter and kicks her as he 'loses it' as he is not able to control himself. She also made it clear by saying to my daughter - 'it would be much easier for you during the night because of xxxxxxxxxxxxxxx if some was available to assist you because of xxxxxxxxxx wouldn't it? Daughter, yes, that is what I have been trying to say to you but not allowed to get it out.

Back to Doctor: you say you are on such and such a medication but it is not on the list. Daughter it is. Doctor it is not, how do you obtain this it is prescription med. Daughter I get it on prescription. Doctor no you don't, Daughter look on the list - you have a page missing, Doctor, no I don't, Daughter, yes you do. JUDGE to Doctor - YES YOU DO. I know that Mrs X is being prescribed said medication, find the missing sheet and look.

Doctor, why don't you take such and such a medication that you were prescribed. Daughter, it made me collapse and I was admitted to hospital by ambulance with breathing difficulties as I was not only allergic it transpires but the two medications were contra indicated to be taken together.. Consultant said never take these meds again so I don't. Doctor, so a junior doctor told you not to take these medication. Daughter, no, it was the consultant! more huffing and puffing.

I will end here as I myself am still feeling traumatised 10 hours later. Have no idea if my daughter will get an award or not although on the positive side, both the judge and carer member seemed very caring and compassionate towards my daughters difficulties, but this does not mean that they will disagree with the DLA decision.

Do all members of the panel have to agree or can the Judge make the final decision as there is no way, that the doctor is going to agree to award my daughter anything?

I know that she has not been give a decision as yet, as the Judge said that they did not have time today, but if they were going to make a favourable award, would they have made time to do so? Do we read anything into the fact that they delayed making a decision?

mommaduck wrote: Update on my daughters Appeal today:

First of all they were not able to make a decision owing to the time taken 1hr 20mins which meant that we ran over into the panels 'lunchtime'. This was the doctors fault as she totally took over.

The panel consisted of three ladies plus an observant (from the back) district Judge - don't know why. It was held in a court room - very daunting.

The judge and disability member were extremely nice and reasurring. The doctor was extremely agressive and hostile.

We were told that a person from the DLA was attending only to find that this person who had been at the two previous appeals that day, came out and asked to speak to the tribunal clerk, who then came back out to us, quite perplexed to say that the DLA would not stay and attend as they had nothing further to say???

We can only assume that they did not want to be questioned by the panel or us as to the appauling way that my daughter had been treated by them, and despite two requests Subject Access Requests for paperwork, my daughter had not received a reply. They had failed to contact anyone on the application form for medical evidence despite there were reports, scans, xrays and four or five consultants letters available to them, nor offer her a medical. Anyway, I degress.

The doctor kicked off the proceedings and straight away, asked (always in an agressive and hostile manner throughout the proceedings) who had completed the application form, waving it in the air along with the 21 extra sheets that had been attached, like a 'fan'. I responded that I had as my daughter was not able.

She was royaly 'tee'd off' with me! I had obviously taken the advice of Benefits and Work and expanded every sheet with a type written addition. (the judge thanked me saying you have provided lots of information which will help us make our decision)

Doctor then stated to daughter, not asked 'but you did type these didn't you!'. I stated that I had as my daughter was not able to. She then took me to task for filling in my daughter form without daughters help. My daughter then stated 'no she did not'. It states in my application that my mum comes round every day to see me and it took several weeks, doing a bit each week until the claim form was completed. Doctor then asked my daughter several times if she had read the claim form only to be told, several times that she had.

She then asked how did she get her today. My daughter answered that we came by car and her sister drove.(both myself and her sister, my other daughter were present) She then said but where did you park. Daughter - outside. Doctor then said, so you have parked illegally on double yellow lines. Daughter, no, we parked in the disabled bay outside. Doctor - you have parked illegally in disabled bay then. Daughter, no, my mum is disabled and it is her car and blue badge (a lot of huffing and puffing from doctor throughout)

Doctor: you have a disabled 19 year old son - how can you possibly care for him if you say you are disabled. Daughter, I don't do any of his physical care as I am not able. Doctor;Does your son get DLA. Daughter, yes. Doctor, high rate mobility and care, Daughter, yes. Doctor, do you claim carers allowance, Daughter, yes, Doctor, so you are claiming carers allowance but not caring for your son! At this point the Judge interupted and kindly said to my daughter, but you care for him in a 'watching over capacity all day and night, don't you, to make sure he is safe'. Daughter yes, I was trying to explain that but not allowed. (The doctor was bombarding questions so fast and agressive my daughter was totally overwhelmed)

Doctor, can you drive, Daughter, yes, Doctor, you CAN drive, but can hardly walk, Daughter, yes, you asked if I could drive, not DO you drive, Doctor shaking of head again. (clearly not allowed to drive if disabled, so why do Motability provide vehicles to disabled drivers??)

This went on as I say for over an hour, and by this time all three of us were in tears at my daughters distress as she was finding it hard to answer this doctor as her mind had gone totally blank, as had mine and I was not under fire!

I won't continue to list some of the more outrageous questions and accusations that were fired by the doctor. She interupted the short time that the carer member had in trying to put questions to my daughter (carer member looking exasperated much of the time) and finally the carer member made it clear to the judge and doctor, by her questioning, how much of an impact that my disabled grandson had on my daughters health and disabilities, and how much danger my daughter was in as my grandson is 6'3', has no speech and the mental capability of a three year old with the strength of an adult - he persitently hits, punches, pushes over my daughter and kicks her as he 'loses it' as he is not able to control himself. She also made it clear by saying to my daughter - 'it would be much easier for you during the night because of xxxxxxxxxxxxxxx if some was available to assist you because of xxxxxxxxxx wouldn't it? Daughter, yes, that is what I have been trying to say to you but not allowed to get it out.

Back to Doctor: you say you are on such and such a medication but it is not on the list. Daughter it is. Doctor it is not, how do you obtain this it is prescription med. Daughter I get it on prescription. Doctor no you don't, Daughter look on the list - you have a page missing, Doctor, no I don't, Daughter, yes you do. JUDGE to Doctor - YES YOU DO. I know that Mrs X is being prescribed said medication, find the missing sheet and look.

Doctor, why don't you take such and such a medication that you were prescribed. Daughter, it made me collapse and I was admitted to hospital by ambulance with breathing difficulties as I was not only allergic it transpires but the two medications were contra indicated to be taken together.. Consultant said never take these meds again so I don't. Doctor, so a junior doctor told you not to take these medication. Daughter, no, it was the consultant! more huffing and puffing.

I will end here as I myself am still feeling traumatised 10 hours later. Have no idea if my daughter will get an award or not although on the positive side, both the judge and carer member seemed very caring and compassionate towards my daughters difficulties, but this does not mean that they will disagree with the DLA decision.

Do all members of the panel have to agree or can the Judge make the final decision as there is no way, that the doctor is going to agree to award my daughter anything?

I know that she has not been give a decision as yet, as the Judge said that they did not have time today, but if they were going to make a favourable award, would they have made time to do so? Do we read anything into the fact that they delayed making a decision?

Hi md,

Sounds lke quite an ordeal, the doctor seems to have been a bit of a "one", at least it is over with now.

The three person panel would include the doctor, the judge, and a disabled member, it is quite possible for the judge and the disabled member to find in your favour on a majority decision 2 to 1.

Don't assume that the doctor would find against you, it may well just have been their usual manner, in being abrasive.

I would not read anything into the fact that you didn't receive a decision on the day especially if they were over running.

The Judge sounded quite supportive, hopefully you will gain a positive decision, sooner rather than later, you could contact the tribunal next week for an update if you have not heard by then.

bro58

Thanks Bro58.

Is the doctor, or anyone else on the panel allowed to be so bullying to the point that the claimant is unable to answer appropriately or think clearly?

During the hearing my daughter asked for a break to go to the toilet and was helped by her sister and I stayed in the court room, so the panel remained quiet during this time and did not speak to one another.

After the hearing, my daughter told me she was so confused and distressed that she had to be persuaded to come back into the room by her sister. She had asked her sister to take her home.