Whats a reasonable time-frame for a DLA hearing

kathy1 wrote:

Hi goldensyrup,

I'm no expert or anything but from what you write, its the fact that your condition was diagnosed prior to you moving to Spain that seems to be your main argument and you feel that because you have been in receipt of LT Incapacity then this should stand in your favour and support your claim that the condition was diagnosed prior to your move to Spain.

So like you say, it was diagnosed and you have been in reciept of incapacity for a long time so in that respect IMO you are safe in your argument. BUT,

See how it breaks the two benefits down, disability or invalidity I think they have covered themselves by doing this. They dont state that the condition should be diagnosed, but that the disability or invalidity should be diagnosed, if it had of said the condition must be diagnosed I think it would have been a lot easier for you, but because your actual disability(for DLA purposes) has'nt been diagnosed before your move they could argue this.

They could use the argument that someone can be entitled to incapacity benefit and not DLA and vice versa. And they could also use the argument that if they cant obtain enough info on your form or from your own medical evidence and they need to have an EMP assess you, how can they do this if you are somewhere else.

The DWP are renowned for twisting the rules not on just the more complex cases like your own but also simple straight forward claims for DLA, thus the tribunals.

I dont want to deflate you with my opinion but I know that its helpful on a forum to get others views.

Wish you all the best and hope they contact you like they have agreed.

Kathy x

Hi Kathy,

I believe that the DWP have designated doctors here in Spain. So, if they deem it necessary, I would have thought they would have sent me to see one of them.

I have sent them evidence from my doctor, psychatrist and even told them that I have been allowed to claim my Private Pension (when I was working, which by the way is a pittance), this came about after my doctor wrote to Standard Life stating that I will not be able to work again.

I have also sent an email request to the Sutton Tribunal that I would lke to see if they can arrange a video-link or telephone conference hearing.

Hi goldensyrup,

Well at least they cant say that you are not trying to be reasonable with all that you have suggested.

Hope it all works out for you, keep your chin up.

Kathy x