Steve - Help DLA Tribunal & Dr saying fit for work

Steve,

Please please can you help. I have contacted you in the past about my brother. He is 42 and has bad mobility problems due to non cancer tumour on spine, bad knee (needs new one but NHS say he is too young), Arthritis. He is on Morphine and other painmeds, can not walk without stick and stays in the house mostly and on days is bed bound and can not move.

He got his renewal for DLA which he has been getting for 7 years on High Mobility and Middle Carers. When he sent forms in which state he is now much worse and will continue to get worse, plus he is on higher pain meds he was refused outright, as his stupid doctor said he was fit to work.

We have got a Welfare Rights person involved but I am not sure they are giving him the uptodate and correct information.

First told he see different doc in pratice for assesement to send to Tribuanl. He went today and this doctor told him he could sit at a PC or Till so he could work (how with his tumour and all over pain). My brother never has a good day so would be having time off all over the place. The doctor said he was going to sent him back to the painclinic. Also when he left the room the first doctor he saw months ago and had a row with was listening outside the room.

My brother has a good OT report and they are trying to rehouse to a bunglow because of all his problems.

He phoned with Welfare person and he said he had heard the government where telling gps to get people back to work and say they can sit at PC or Tills.

He then said he could not understand all this after 7 years of geting DLA (none of us can).

Then asked why he was going to the Tribunal. My brother explained that I had told him that he had a better chance of getting it if he went in person and the Welfare rights guy said that was not true he should just do a paper one (I think this is totally wrong after all your advice on here).

Also my brother told him that I got my DLA (I have ME and Fibro) indefinte after a shorter time of DLA and this time they made there decision by my DLA renewal form and the OT letter. The welfare right guys said no thats not possible. But it is correct. I am wondering if this guy knows his stuff or not.

He nows says he needs time to see if he will represent him or not.

Help what does he do. This is the only guy I could get as they seems to be no one in the Gloucester area who does this type of work.

Your advice would be invalable. My poor brohter is being told one thing from me with your great help and another from this guy. I have said if this guy says he does not think he will get anywere I think my brother has nothing to lose by going to the tribuanl, possibly with the OT along side him if she can or indeed is allowed to do this.

Lorraine wrote:

Steve,

Please please can you help. I have contacted you in the past about my brother. He is 42 and has bad mobility problems due to non cancer tumour on spine, bad knee (needs new one but NHS say he is too young), Arthritis. He is on Morphine and other painmeds, can not walk without stick and stays in the house mostly and on days is bed bound and can not move.

He got his renewal for DLA which he has been getting for 7 years on High Mobility and Middle Carers. When he sent forms in which state he is now much worse and will continue to get worse, plus he is on higher pain meds he was refused outright, as his stupid doctor said he was fit to work.

We have got a Welfare Rights person involved but I am not sure they are giving him the uptodate and correct information.

First told he see different doc in pratice for assesement to send to Tribuanl. He went today and this doctor told him he could sit at a PC or Till so he could work (how with his tumour and all over pain). My brother never has a good day so would be having time off all over the place. The doctor said he was going to sent him back to the painclinic. Also when he left the room the first doctor he saw months ago and had a row with was listening outside the room.

My brother has a good OT report and they are trying to rehouse to a bunglow because of all his problems.

He phoned with Welfare person and he said he had heard the government where telling gps to get people back to work and say they can sit at PC or Tills.

He then said he could not understand all this after 7 years of geting DLA (none of us can).

Then asked why he was going to the Tribunal. My brother explained that I had told him that he had a better chance of getting it if he went in person and the Welfare rights guy said that was not true he should just do a paper one (I think this is totally wrong after all your advice on here).

Also my brother told him that I got my DLA (I have ME and Fibro) indefinte after a shorter time of DLA and this time they made there decision by my DLA renewal form and the OT letter. The welfare right guys said no thats not possible. But it is correct. I am wondering if this guy knows his stuff or not.

He nows says he needs time to see if he will represent him or not.

Help what does he do. This is the only guy I could get as they seems to be no one in the Gloucester area who does this type of work.

Your advice would be invalable. My poor brohter is being told one thing from me with your great help and another from this guy. I have said if this guy says he does not think he will get anywere I think my brother has nothing to lose by going to the tribuanl, possibly with the OT along side him if she can or indeed is allowed to do this.

Hi,

I believe Steve is very busy at the moment and not always able to look in on the forum as often as he would like.

Re your query, in general we do always advise claimants to attend an oral tribunal if at all possible. The reason being that, at a paper hearing, all the panel have to work with is the submitted paperwork and they do not have chance to either see or more importantly speak with the claimant.

Therefore, as percentages show, more Oral appeals are successful than Paper appeals.

However, do bear in mind, we have not seen any case papers etc in this case, hence we can only really advise in a general sense.

Is there any other advisers in your area whom your brother may have more confidence in?. You can find details of local advisers via the Community Legal Advice website here:

www.communitylegaladvice.org.uk/en/direc.../directorysearch.jsp

(tick Welfare Benefits and put in your post code)

or via your local Citizens Advice Bureau, Local Law Centre or local Council.

Alternatively scroll down this thread and click on List of Organisations Providing Benefits Advice:

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=3913

Regards

Pete

Hi Lorraine,

I'm afraid I can't really add anything to what Pete has said. It can be very hard to find a welfare rights worker, I know, so it's really disappointing when you start to have doubts about them.

We're definitely not able to comment on individual cases in detail and I would be very reluctant to challenge any advice given by someone who has seen all the case papers in question.

Having said that, obviously we do stand by the information we provide in our guides.

In the end, if you don't feel that the rep you're seeing is the right person to represent, then all you can do is look for someone else or consider doing it yourselves.

Good luck,

Steve

one point you should raise strongly with everyone you can think of - DLA is not about fitness to work

it is about care and mobility needs. if the doctors want to insist your brother could do PC work or till work then dont get trapped into arguing the point - say fine we dont agree on that but it is irrelevant even if he was doing that sort of work he would still have the same mobility needs and care needs and so be entitled to DLA which is what has been denied

Thanks I had forgotten this point. I am worried that if he goes to the tribunal most probably now without a rep and also a doctors letter not supporting him that he will not get anywere. But I suppose this is better then given up.

try going back to the doctor and explain its not about work - explain that you need him to explain medically how even if your brother was working he would still reasonable require assistance getting to both his place of work and his work station because of his mobility problems and that he would still have reasonable care needs - obviously i dont know what these are but your brother can explain to the doctor - something like because of pain i cannot walk more than x amount so to work would reasonable require a wheechair to move around the office/supermarket and it takes me y amount of time to wash myself and i cant reach z point without help so would not get through an interview.

make it clear to the doctor DLA is to help him become able to work -if he has it he is more likely rather than less likely to work with the award