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DLA Tribunal
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10 years 2 months ago - 10 years 2 months ago #117384 by IanO
DLA Tribunal was created by IanO
My wife has her DLA tribunal next month, we are applying for middle/high rate care. Originally she was on low rate mobility and low rate care and we applied for middle rate care, but they turned it down. When we asked them to review the decision again, they put her on high rate mobility(which we did not ask for) and kept the care rate as low. They have again looked at the decision, but did not change it so it has now gone to appeal and we have a hearing.
The DWP stand by their decision to raise the mobility to high rate, but they feel that the she is only eligible for low rate care. My concern is we have been told that she could still go to the tribunal and lose the high rate mobility even though it is the care element we are appealing against, please could you let me know if this the case and how likely it is that they will bring up the mobility. If the Judge decides to look at the Mobility as well as the care, can we ask for an adjournment as we have not prepared to argue the mobility side.
Is it also true that it is harder to get middle rate care now.
The DWP stand by their decision to raise the mobility to high rate, but they feel that the she is only eligible for low rate care. My concern is we have been told that she could still go to the tribunal and lose the high rate mobility even though it is the care element we are appealing against, please could you let me know if this the case and how likely it is that they will bring up the mobility. If the Judge decides to look at the Mobility as well as the care, can we ask for an adjournment as we have not prepared to argue the mobility side.
Is it also true that it is harder to get middle rate care now.
Last edit: 10 years 2 months ago by Gordon.
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10 years 2 months ago #117388 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Tribunal
Ian
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Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
To try and answer your questions.
The Tribunal is entitled to look at both the care and mobility elements of the award, however, they are required to warn you if they believe that the current Mobility award is unjustified so that you can withdraw the appeal. It may be possible to have an adjournment, but this is not the usual practice.
There has been a noticeable tightening up of the assessment procedure by the DWP over he last year, so it has become more difficult to get an award for DLA.
Medium Rate Care is awarded because there is a substantial requirement for care during the day or night, for Higher Rate Care you will need to show there is a requirement day and night.
Please have a look at our DLA guides to see whether there is anything you can do with regard to presenting your case.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and the following FAQs which may also be of use.
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
If you have any more questions, please reply to this post and we will do our best to help you.
Gordon
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
To try and answer your questions.
The Tribunal is entitled to look at both the care and mobility elements of the award, however, they are required to warn you if they believe that the current Mobility award is unjustified so that you can withdraw the appeal. It may be possible to have an adjournment, but this is not the usual practice.
There has been a noticeable tightening up of the assessment procedure by the DWP over he last year, so it has become more difficult to get an award for DLA.
Medium Rate Care is awarded because there is a substantial requirement for care during the day or night, for Higher Rate Care you will need to show there is a requirement day and night.
Please have a look at our DLA guides to see whether there is anything you can do with regard to presenting your case.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
and the following FAQs which may also be of use.
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
If you have any more questions, please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 2 months ago - 10 years 2 months ago #117399 by IanO
Replied by IanO on topic DLA Tribunal
Hi Gordon
Would they inform us on the day of the hearing they are going to look at the mobility side of things or would they get in touch before the hearing?
Would they inform us on the day of the hearing they are going to look at the mobility side of things or would they get in touch before the hearing?
Last edit: 10 years 2 months ago by Gordon.
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10 years 2 months ago - 10 years 2 months ago #117401 by Gordon
It will most likely be at the start of the hearing, it is possible that they might phone you in advance but this is rare.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Tribunal
Coolio wrote: Hi Gordon
Would they inform us on the day of the hearing they are going to look at the mobility side of things or would they get in touch before the hearing?
It will most likely be at the start of the hearing, it is possible that they might phone you in advance but this is rare.
Gordon
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Last edit: 10 years 2 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Private comment added by moderator.
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10 years 2 months ago - 10 years 2 months ago #117404 by IanO
Replied by IanO on topic DLA Tribunal
Thanks for your reply, my other concern is we are not sure if we will be able to have anyone represent us at the hearing (due to limited funding in our area). Would this go against us.
Last edit: 10 years 2 months ago by Gordon.
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10 years 2 months ago #117406 by Gordon
Having a Representative will definitely raise the likelihood of success, but it is perfectly possible to win an appeal without one, as many of our members have. They key is to be certain of your case, which is why I suggested you have a look at the guides to see whether there is a better way to present your case on the day.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Tribunal
Coolio wrote: Thanks for your reply, my other concern is we are not sure if we will be able to have anyone represent us at the hearing (due to limited funding in our area). Would this go against us.
Having a Representative will definitely raise the likelihood of success, but it is perfectly possible to win an appeal without one, as many of our members have. They key is to be certain of your case, which is why I suggested you have a look at the guides to see whether there is a better way to present your case on the day.
Gordon
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