DLA appeal to tribunal

I had my leg amputated in Jan 2013 and was given the higher rate DLA in April, but only for one year. When I tried to get a car from motorbility I discovered this was a problem, you must have more than one year. So I appealed asking them to increase the length of the award and the result was they didn't extend the length of the award because they thought I might get better !

Now I am taking my case to a tribunal, but I wonder if it is possible to be successful. I feel my case is quite straight forward, my leg will not grow back, so how will I get better ? It seems crazy to me. So I wonder if I am missing something. What can they say at the tribunal ?

Advice please.

Hi Brenda,

If I remember correctly (and I am still quite new at this, so I could well be wrong!) it is only bilateral amputation that gives automatic right to DLA. For people like yourself, there is the assumption that you will gradually adapt to your prosthesis and become more mobile.

If there is any reason why this will/might not happen then you should make this clear to the tribunal service and, if possible, provide evidence of this.

You might find this helpful

Preparing for a Tribunal

Our DLA application guide is here, it might help to see how we would have advised to you fill in the form in the first place

DLA guide

and our DLA appeal guide is here

DLA appeals

I would suggest that you make this topic a favourite on your web browser, or bookmark it, in order to find it easily in future. Then you can come back and ask further questions and we will have all the information in one place

Hi
Thank you for your advice, I have read the information you suggested and hope it will be useful.

I have got a leg but am finding it extremely hard to use and cannot imagine ever being able to walk very far with it. My amputation was above the knee. I am 65 and my health is very poor and I think this is why I will not get much better at walking with the prosthesis.

When I have been at the limb centre I have met several people who have only lost one leg, but have got longer than one year. I think it might be something to do with PIP.

It is very common to get only a short award first time round. I don't think it is directly related to PIP as I have just had my DLA renewed for a further 5 years.