Forthcoming DLA Tribunal

[mossgrove]

A friend is due to attend a DLA Tribunal in support of his claim for continuing to receive higher rate mobility allowance for his ASD son.

 

He is not looking forward to it because he has no idea what to expect or how he should present his arguments.

 

I am relatively familiar with the sources of support for whan a parent is in disoute with the LEA, but I a not sure where to advise him to go for help in preparing for a DLA tribunal. Does anyone have any ideas to pass on?

 

Thanks in anticipation

 

Simon

[Tylers-mum]

Tell him to take his special needs health visitor or someone in the medical field along with him. I had to go to tribunal to get T's DLA and it was his HV that won it for me really. She was and still is my angel.

Take ALL the paperwork he has from medical personel, even if it's already been submitted and have him ask for up to date reports too explaining how he is now and how he was at the time. My tribunal took place 6mths after the forms were first submitted so they wanted to know how T was 6mths ago and not how he is now (at the time of tribunal) but take up to date ones just incase and it can prove that nothing has changed in his child's care since the first date.

On the panel were 3 men, one was a doctor, the other a solictor and the third, I'm not sure but they were all independant and not linked to the DLA at all. All they have in front of them is what the parents have submitted, ie, forms, reports etc.

The were all in suits which was intimidating enough for me but the HV was fantastic. They asked her questions mainly b/c she works in the medical field and one question I remember sooo vividly was they asked her 'On a scale of 1 to 10, wioth 10 being the worst, how would you rate T's behaviour problems'. The HV's reply was an 8. I abouit fell off my chair, guess it kinda hit home then how bad he is but to me, he didn't seem that bad but he was and it was kinda a wake up call for me in that I realised that b/c I live with T day in day out, I was kinda blind and didn't see it myslef but with her saying that, it woke me up bigtime. He really does need to take someone with him, whether it be his child's teacher, HV, Pead etc etc.

 

Dunno what else to say Simon but if your friend wants to ask any specific questions, I'd be only to pleased to help out.

 

Editted to add, sorry for the spelling errors but my hands are FREEZING!!! LOL

Edited March 17, 2006 by Tylers-mum

[jen]

I suppose you prepare your case. You say what the disability is and how your child is affected. If you have any evidence off your GP or anyone else that can back that up the better.

 

The lay panel are not medical but they are looking at what you put on the form and what you are saying now. There is a way to fill in the form saying on a good day the child can do...............but on a bad day the child can only do........................

 

If you do not say it the DLA have to make a judgement on what you say. They are a fair panel so just ensure you have it all written down and any evidence.

 

Jen

[Tez]

I went to a DLA appeal with my stepson. There was a panel of 3, a Doctor, a Lawyer and a person with practical knowledge of disability. To be fair, they told us as soon as we entered the room that they were going to overturn the DWP's decision not to award it and the only decision to be made was whether to award it at middle or higher rate. We sat around a table and the panel asked my step-son questions. They were very straight forward and not designed to trap him, just to see what type of help he needed and what would happen if he did not get that help.. He wasn't coping very well and they continually asked him if he wanted to stop.

 

If all tribunals are run in this manner I don't think representation help is required but I believe that the CAB will sometimes send a helper along to support you.

[lil_me]

Welfare Rights and her psych nurse attended my sisters appeal and that was all she needed really.

 

Best of luck to them