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NO DLA for you boy ! Help please .

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11 years 2 weeks ago - 11 years 2 weeks ago #100620 by Buckie
NO DLA for you boy ! Help please . was created by Buckie
I’ve been refused DLA so asked them to look at it again. They came back with the same decision so I asked them to proceed to Appeal. I now have an Appeal date. Is there any Template for a response to the Appeal Board ?

There is also a few points I’d like some help or advice on if anyone can.

I’ve been refused DLA on the grounds of “virtually unable to walk”. The reason I find this a bit odd from the decision Maker is he has no medical evidence as I’ve not been for an Assessment or medical with ATOS so how does he establish I can’t walk or Virtually unable to walk ? I have wrote on my claim I can’t walk 50 yards before I’m in severe pain !

The other point is cooking a meal which now includes a microwave. Again, I’ve said on my claim form at most I can stand for 10 minutes, before having to sit down for 30 minutes before returning to cook. The other point I have is I have uncontrollable spasms or jolts where my arms and legs shoot out without any notice. I’ve burnt myself and spilt many things Soup included when pouring out, yet again without any sort of evidence the Decision Maker says I can prepare and cook a meal for one.

Should I not have had a medical or assessment for DLA before going before the Tribunal ?
Last edit: 11 years 2 weeks ago by Gordon.

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11 years 2 weeks ago - 11 years 2 weeks ago #100637 by Gordon
Replied by Gordon on topic NO DLA for you boy ! Help please .

Buckie wrote: I’ve been refused DLA so asked them to look at it again. They came back with the same decision so I asked them to proceed to Appeal. I now have an Appeal date. Is there any Template for a response to the Appeal Board ?

There is also a few points I’d like some help or advice on if anyone can.

I’ve been refused DLA on the grounds of “virtually unable to walk”. The reason I find this a bit odd from the decision Maker is he has no medical evidence as I’ve not been for an Assessment or medical with ATOS so how does he establish I can’t walk or Virtually unable to walk ? I have wrote on my claim I can’t walk 50 yards before I’m in severe pain !

The other point is cooking a meal which now includes a microwave. Again, I’ve said on my claim form at most I can stand for 10 minutes, before having to sit down for 30 minutes before returning to cook. The other point I have is I have uncontrollable spasms or jolts where my arms and legs shoot out without any notice. I’ve burnt myself and spilt many things Soup included when pouring out, yet again without any sort of evidence the Decision Maker says I can prepare and cook a meal for one.

Should I not have had a medical or assessment for DLA before going before the Tribunal ?


The Decision Maker has a duty to make their Decision based on the evidence available, if there is no evidence to support the position that you can walk more than 50m then this would suggest that they have not discharged this duty, you should point this out to the Tribunal panel in your submission.

Have a look at the following FAQs for more information

The DLA Cooking Test

Requesting Your Medical Recordsl

Charging for medical records

Preparing for a Tribunal

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 weeks ago by Gordon.

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10 years 11 months ago - 10 years 11 months ago #102612 by Buckie
Replied by Buckie on topic NO DLA for you boy ! Help please .
What real Chance have you anyway ?
I say this as if you attend a medical, assessment, or an Appeal and you have to walk say 150 yards to get to the room, then you’re in the room for say an hour, or as long as they take to do the said medical, assessment, or Appeal ? Have you not failed two descriptors without even trying.
Let’s face it if they take their time you inadvertently fail some of the descriptors ?

I say this as I’ve just had an Appeal. The very first thing we had to do was walk about 150 yards to get to the room itself ! Then because they were running late, we had to wait just over an hour and a half ! So in theory you could have failed the walking descriptor, and also, the sitting at a workstation for more than an hour descriptor !!!

Anyhow, my Appeal !!!
I was under the illusion it would be a welcoming experience, with independent people on the panel; to both me, and my carer, we both felt it was a very harsh experience with a board of people from the DWP ! Yes I know the Board are independent, it was just the whole experience with them left us feeling that way.
Each and every question was scrutinised from the application, it was a long and exhausting experience that lasted for an hour and a half. The both of us felt bad after the whole experience. It was one I thought I’d learn the result afterwards too, but told I would hear the decision in the post. It’s an experience I don’t really want to go through again. However, I may have to, with the refusal of my ESA and my appeal submission !!!

I may get a surprise in the post from the Appeal Board, but after that experience I felt they just didn’t want to give anything away at all.
Last edit: 10 years 11 months ago by .

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10 years 11 months ago - 10 years 11 months ago #102615 by

Buckie wrote: What real Chance have you anyway ?
I say this as if you attend a medical, assessment, or an Appeal and you have to walk say 150 yards to get to the room, then you’re in the room for say an hour, or as long as they take to do the said medical, assessment, or Appeal ? Have you not failed two descriptors without even trying.
Let’s face it if they take their time you inadvertently fail some of the descriptors ?

I say this as I’ve just had an Appeal. The very first thing we had to do was walk about 150 yards to get to the room itself ! Then because they were running late, we had to wait just over an hour and a half ! So in theory you could have failed the walking descriptor, and also, the sitting at a workstation for more than an hour descriptor !!!

Anyhow, my Appeal !!!
I was under the illusion it would be a welcoming experience, with independent people on the panel; to both me, and my carer, we both felt it was a very harsh experience with a board of people from the DWP ! Yes I know the Board are independent, it was just the whole experience with them left us feeling that way.
Each and every question was scrutinised from the application, it was a long and exhausting experience that lasted for an hour and a half. The both of us felt bad after the whole experience. It was one I thought I’d learn the result afterwards too, but told I would hear the decision in the post. It’s an experience I don’t really want to go through again. However, I may have to, with the refusal of my ESA and my appeal submission !!!

I may get a surprise in the post from the Appeal Board, but after that experience I felt they just didn’t want to give anything away at all.


Hi B,

Sorry to hear of your bad experiences at your DLA Appeal Hearing.

A DLA panel comprises of a legally qualified judge, a doctor and a disabled member, sometimes a more senior judge may also sit in.

A DWP Employee cannot be a member of the DLA Panel.

Sometimes the DWP will send a Presenting Officer to put their case to The DLA Panel.

bro58
Last edit: 10 years 11 months ago by .

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10 years 11 months ago - 10 years 11 months ago #102622 by Buckie
Replied by Buckie on topic NO DLA for you boy ! Help please .
Thanks bro, I know the DLA panel comprises of a legally qualified judge, a doctor and a disabled member; furthermore a DWP Presenting Officer was there too, although she said nothing throughout the whole proceedings.

It just felt as if we were against a board of DWP Board with the questions being threw at me !
Last edit: 10 years 11 months ago by .

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10 years 11 months ago #102630 by

Buckie wrote: Thanks bro, I know the DLA panel comprises of a legally qualified judge, a doctor and a disabled member; furthermore a DWP Presenting Officer was there too, although she said nothing throughout the whole proceedings.

It just felt as if we were against a board of DWP Board with the questions being threw at me !


Hi B,

Hopefully you will be pleasantly surprised when you receive the Tribunal Decision Notice.

I had to clarify the issue of The DLA Tribunal Panel, for the sake of other viewing members who may have misinterpreted your post.

Please update us when you receive the decision.

bro58

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