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8 years 9 months ago #138194 by Buddi
going to a tribunal was created by Buddi
Hi all, my first post. We're still on DLA in Northern Ireland, but no doubt will change to PIP. I had a doctor do a home visit a while back, after again filling in a form (been on DLA LIFE over 20yrs). Got a letter withdrawing my car and all money. Received a copy of doctors report and the guy lied about so many things concerning my health. Not only this but he mocked my use of an office chair to be pushed around my home. My daughters are my carers (all Grown now) and 1 was with me when doctor was here. My family bought me a walking stick, zimmer, shower stools, pillow lift for bed & side rail and other aids. This guy made fun of these. Stating there was no OH help! I found out from my doctor that i must contact them myself. This I did, I now have a Rolalator, shower and toilet handrails, stools for shower and a special chair to sit in that helps me to get up. Now I'm sure these girls from OH certainly wouldn't supply these if not needed. I went to a local Party and they have done all the paperwork for this TB and supplied a person to represent me. Sorry, for the long wind, but do you think i have much chance of getting my DLA back or is there anything else you can suggest,
Many thanks, Pauline
P.S. my daughter is typing this for me.

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8 years 9 months ago #138204 by Gordon
Replied by Gordon on topic going to a tribunal
Buddi

From your post I think it likely that your problems with the assessment are related to your use of aids to provide help with your care needs. DLA somebody who can complete a task sing an aid as not requiring care.

The comment about the aids you had not being supplied by Occupation Health was to diminish your care needs further, having them supplied by OH is unlikely to have improved your situation in regard to DLA.

You would need to show that, despite the use of aid, that you cannot complete a task such as washing or dressing without assistance, this would need to include specific information about why an aid does not remove that need for assistance.

You have two ways forward, you can make a new claim for DLA, or appeal the Decision that removed your previous award, or both although you need to be aware that any Decision from a new claim would limit any award made by a Tribunal..

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our DLA MR & Appeal guide for details of the process and template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 7 months ago #140352 by Buddi
Replied by Buddi on topic going to a tribunal
Thank you Gordon,

I was only giving you examples of what this guy was like. Have got my date for the Tribunal, 16th September. I have a rep going with me, and my daughter as she is my help. I am hoping to hire a wheelchair as i'm terrified of getting there only to discover a long walk which I can't do.
I will let you know how it goes. I was a 'lifetime' DLA Claimant of over 20years. I would certainly send you a copy of the Ass. Report.
Many thanks
Pauline :(

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