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DLA appeal hearing coming up

7 replies

Heartmum2Jamie · 26/01/2007 23:28

I don't post here too often but do read on a regular basis.

We finally got a date through for ds's DLA tribunal after being turned down (went straight for oral hearing). The sat eis set for the 5th Feb, a week on monday and I am terrified. This has be dragging on since August.

Does anyone have any advice or have been through an appeal? How long does it take, what goes on? I sent off more supporting evidence in the way of supporting statements from ds's paed, GP & HV. (Ds has congenital heart defects, multiple food allergies, severe eczema, breathing issues.. perhaps sleep apnea, had a sleep study done this week, and has many issues with food, I'd go as far as to say he is food phobic )

OP posts:
mamadadawahwah · 27/01/2007 09:04

We have an appeal on the same day. I am taking my son with me so they can learn from seeing him. Dont know if that is an option for you. I want them to "see" who they are talking about. I am going to invite them to "test" him and the wonderful "ability" they allege he has, to go out for a walk, attend to instructions, sit in his seat for more than a millisecond.

Actually looking forward to it.

You have time to get an advocate to go with you, have you thought of this? Maybe you are already doing this.

Let them do most of the talking first, i dont intend to counter any of their arguments until they are all finished, then i am going to get the last word in. I have all my notes written in succession the way i want to say them, nice and ordered. Probably wont get a chance or get mixed up with some of the stuff but i will not forget that I know children who have received the DLA who are no "worse" in terms of dis-abilty, than mine. I want to know the reason why my boy has been denied. Its a game, you know, and you have to know how to play it. These people dont give a damn whether your child gets the dla or not, not personally anyway. So you must have a strategy and believe that your child will win this tribunal because he deserves it. I am over being intimidated by "experts", particularly these idiots who have never even met my child!

jenk1 · 27/01/2007 09:45

heartmum2jamie, i had a DLA appeal last year for myself and i can only say that the 3 people on the panel were very very nice and understanding, they had already decided what to award me before i got there.

My panel consisted of a doctor,solicitor and a lady who had extensive knowledge of SN and the law and they made me feel at ease, i hope you and mmddww get the same treatment that i did

will be thinking of you.

jambuttie · 27/01/2007 23:15

I had appeal hearing for DT2 only a few months ago, got the result within 10 mins. My advice is be prepared, I took a diary with me that I had kept for 2 weeks leading up to the appeal to show just how much I done day and night.

I also have hearing set for DT1's claim on 15th February but not holding my hope on his, I will tak him with me

Heartmum2Jamie · 28/01/2007 00:12

Thanks. I don't have a representative right now, not even sure who to try, although perhaps I can call CAB on Monday and see if they have any suggestions. I though about keeping a diary but then imagined them talling me that the things I was doing was the same for any 2 year old and it put me off. I was advised by other mothers of kids with heart conditions not to take him with me as it is not something that you can see and I don't want them judging him on how well he does or doesn't look that day. If his eczema continues to get worse at the rate it is going at the moment though, I will take him, as my GP said in his report (the reason we were turned down) that his eczema was only mild.

OP posts:
jenk1 · 28/01/2007 08:50

my gp put mild eczema for dd too, and she was in and out of hospital, the surgery for it, i took someone from the benefits agency with me, i think every council has a benefits support worker and thats who came with me, you might be able to get one to come with you, if you cant then i have every confidence in your expertise as your sons parent, who better to give information?

hope it all goes well

coppertop · 28/01/2007 13:26

I haven't been through the appeal process (yet?) but just wanted to wish you good luck. xx

ivelostmyboobsboohoo · 28/01/2007 13:57

i had tribunal for DLA claim for ds1 (AS) last july. we had been turned down flat, on the basis i believe that school said he was completely normal- . anyway on the day i was totally terrified, i took my health visitor (who is also a friend) . i took a photo of ds1 looking at his most absolutely bonkers- i think he may have been wearing a bin on his head!- and they really did all study it. i think it makes a massive difference- they are no longer dealing with words on a piece of paper but a real person and family on whom their decision rests. basically i got in a right state and ended up blubbing and wailing the whole way through- not at all like me ever ever ever. but we won- and i got more than i had expected!- lower mobility as well as middle care. and it was backdated til lasdt feb. in sept we finally got the money, all backdated, carers allowance also backdated.

unfortunately now have to go through it all with ds2 who has also been turned down - just hope it doesnt go to appeal.

it is far far better than you think its going to be, v informal and the people are v friendly---- esp if you lost the plot like me and they think toure having a breakdown!!

good luck, let us know how you get on

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