- Posts: 51119
× Members
dla appeal
- David Alan Birchall
- Topic Author
10 years 8 months ago - 10 years 8 months ago #109421 by David Alan Birchall
dla appeal was created by David Alan Birchall
hi my husband has is appeal week on tue his dla was stopped last september he still gets the higher rate to mobility but the higher rate to his personal care has stopped. the atos dr came to our home the dr was incompetent was more interested in the pictures of my Labradors my husband had cancer of the esophagus 9 yrs ago with complications of the MRSA which he nearly lost his life the MRSA has caused alot of damage and he has server pain which he cannot do alot of things for himself i do every thing for him just about he also has COPD which has been made worse by pneumonia in resent months he has server depression and dump syndrome he his unsteady on his feet, since the DLA as stopped he now has a wheelchair and a bath lift to make it easy for me and safe for him we are also getting a stair lift put in within the next couple weeks.
when the claim form was filled in in 2004 it was done so by the Macmillan nurse so when we received it last, may we never done one before so didn't have a clue so i filled it in just basic thinking that would be enough plus my husband would not let me put the whole truth on what is wrong and what i have to do for him as his is proud and he has hard time facing up to his illness he is severely depressed he used to work 2 jobs he had been a firefighter for nearly 20 yrs was a care taker 8 yrs also. got word back yes to higher mobility higher but personal care stopped then we where told buy welfare rights to register with carers support which i didn't know the G,P never mentioned. since the personal care was stopped i sent more information to the them the ATOS dr came out cannot read much of his report have sent loads more medical reports and have just posted more today to welfare rights and to the tribunal court my husband is at his whits end and very anxious
can you advise please
when the claim form was filled in in 2004 it was done so by the Macmillan nurse so when we received it last, may we never done one before so didn't have a clue so i filled it in just basic thinking that would be enough plus my husband would not let me put the whole truth on what is wrong and what i have to do for him as his is proud and he has hard time facing up to his illness he is severely depressed he used to work 2 jobs he had been a firefighter for nearly 20 yrs was a care taker 8 yrs also. got word back yes to higher mobility higher but personal care stopped then we where told buy welfare rights to register with carers support which i didn't know the G,P never mentioned. since the personal care was stopped i sent more information to the them the ATOS dr came out cannot read much of his report have sent loads more medical reports and have just posted more today to welfare rights and to the tribunal court my husband is at his whits end and very anxious
can you advise please
Last edit: 10 years 8 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
10 years 8 months ago #109425 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dla appeal
DAB
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?
There is little that you can do practically given the timescale to the hearing, however, you could prepare a written statement to hand in on the day, explaining why your husband meets the criteria for the Higher Rate Care, this should be no more than a couple of pages and would be a summation of all the other documents you have submitted.
You can prepare this using our DLA Claim guides.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
You should also have a look at our DLA Appeal guide if you have not already done so.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
The following may also be of assistance
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
The following video, even though it is for ESA, will give you an idea of how a Tribunal operates, the major difference is that for DLA there will be three members.
MOJ Video of ESA Appeals Process and Tribunal
If you have more questions, please reply to this post.
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?
There is little that you can do practically given the timescale to the hearing, however, you could prepare a written statement to hand in on the day, explaining why your husband meets the criteria for the Higher Rate Care, this should be no more than a couple of pages and would be a summation of all the other documents you have submitted.
You can prepare this using our DLA Claim guides.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
You should also have a look at our DLA Appeal guide if you have not already done so.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals
The following may also be of assistance
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
The following video, even though it is for ESA, will give you an idea of how a Tribunal operates, the major difference is that for DLA there will be three members.
MOJ Video of ESA Appeals Process and Tribunal
If you have more questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- David Alan Birchall
- Topic Author
10 years 5 months ago - 10 years 5 months ago #113685 by David Alan Birchall
Replied by David Alan Birchall on topic dla appeal
hi Gordon thanks for the reply its been nearly 3 month haven't been able to reply because the computer been on the blink well you know when I said my husband was at his tribunal on the Tuesday he got a phone call off the court clerk because of all the new information we sent in about my husbands health the judge thought it would be best to postpone so they could have a good luck at the evidence. he is now at his tribunal this Thursday with welfare rights representing him.
since submitting the forms his emphysema has got much worse he is now in a wheelchair does this not count. the ATOS dr has said in his report that he expects no change in the next 1 or 2 yrs. we have picked quite a few topics up what he said was totally wrong or he has not wrote in his report what my husband had said he has made it look like my husband can care for himself which he cannot he depends on me totally any help will be appreciated
since submitting the forms his emphysema has got much worse he is now in a wheelchair does this not count. the ATOS dr has said in his report that he expects no change in the next 1 or 2 yrs. we have picked quite a few topics up what he said was totally wrong or he has not wrote in his report what my husband had said he has made it look like my husband can care for himself which he cannot he depends on me totally any help will be appreciated
Last edit: 10 years 5 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51119
10 years 5 months ago #113689 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dla appeal
D
I am afraid that the Tribunal can only look at your husbands condition as it was at the time of the Decision that was appealed any deterioration that has occurred since should not be looked at by the panel, you will likely be warned about this at the hearing.
As you have an advisor I need to be cautious in offering advice, but as a general comment, appeals are won by the claimant showing that they meet the criteria for the benefit, so you should focus on the Care and Mobility needs of your husband.
Gordon
I am afraid that the Tribunal can only look at your husbands condition as it was at the time of the Decision that was appealed any deterioration that has occurred since should not be looked at by the panel, you will likely be warned about this at the hearing.
As you have an advisor I need to be cautious in offering advice, but as a general comment, appeals are won by the claimant showing that they meet the criteria for the benefit, so you should focus on the Care and Mobility needs of your husband.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- David Alan Birchall
- Topic Author
10 years 5 months ago - 10 years 5 months ago #113839 by David Alan Birchall
Replied by David Alan Birchall on topic dla appeal
hi Gordon my husband had his dla appeal today he lost the atos dr had said in the report that he gave my husband a peek flow but had not and there was a couple of other faults by atos the judge said he was submitting a warning so my husband had to with draw so he could keep the car the welfare rights advisor said would be better to reapply under pip as my husbands health has got much worse in the 13mth he has waited for the appeal feel let down buy the system the judge got quite nasty at one point my husband gets confused and does not understand the questions I was even confused and I understand fine can you advise please very upset my husband need care as well as mobility
thank you
thank you
Last edit: 10 years 5 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51119
10 years 5 months ago #113843 by Gordon
If the Judge advised you to withdraw the appeal, then they would have only done this because they believed that they would likely reduce or remove the existing award. If you did withdraw the appeal then there is nothing more you can do in regard to this appeal.
You cannot make a claim for PIP as your husband is in receipt of DLA, however, you can notify the DWP of a Change of Circumstances, what happens next will depend on where you are in the country.
What should happen is that he is then assessed for PIP, this is where your location comes in, it is also possible that he will be re-assessed for DLA. Your advisor should be able to tell which is most likely.
In either case, please think carefully before proceeding, whilst your husbands deteriorated condition can now be taken into account, based on the Judges comments, there were likely serious problems with the case you presented when appealing, which you will need to address or risk the same thing happening again.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dla appeal
David wrote: hi Gordon my husband had his dla appeal today he lost the atos dr had said in the report that he gave my husband a peek flow but had not and there was a couple of other faults by atos the judge said he was submitting a warning so my husband had to with draw so he could keep the car the welfare rights advisor said would be better to reapply under pip as my husbands health has got much worse in the 13mth he has waited for the appeal feel let down buy the system the judge got quite nasty at one point my husband gets confused and does not understand the questions I was even confused and I understand fine can you advise please very upset my husband need care as well as mobility
thank you
If the Judge advised you to withdraw the appeal, then they would have only done this because they believed that they would likely reduce or remove the existing award. If you did withdraw the appeal then there is nothing more you can do in regard to this appeal.
You cannot make a claim for PIP as your husband is in receipt of DLA, however, you can notify the DWP of a Change of Circumstances, what happens next will depend on where you are in the country.
What should happen is that he is then assessed for PIP, this is where your location comes in, it is also possible that he will be re-assessed for DLA. Your advisor should be able to tell which is most likely.
In either case, please think carefully before proceeding, whilst your husbands deteriorated condition can now be taken into account, based on the Judges comments, there were likely serious problems with the case you presented when appealing, which you will need to address or risk the same thing happening again.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris