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SN children

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Original poster

DLA tribunal hearing - what to expect

41 replies

Needanewadventure2021 · 02/04/2023 13:29

So I have a date and am nervous. Not because I doubt my DS claim but because I don't know what to expect?

I have significant evidence of what is in place for my son, and have also moved him schools where his needs are being supported and they are working with the various agencies involved with him. There was only one piece of evidence against my son's claim and that came from his old school claiming he was OK. I will never understand her comments as I was able to prove what was on place and the referalls they had made etc but here I am.

So I know what I'm fighting against and it worries me. Her dishonesty has meant I am having to fund his aids and supports privately which is crippling me.

Has anyone been to tribunal and can let me know what to expect/how it went? I'm not just looking for positive experiences, but both. I have this idea that they are going to be really tough on me

OP posts:

FloatingBean · 02/04/2023 16:19

There will be a panel of 3, and a DWP rep may or not attend. The panel will ask you questions, in my experience they aren’t hard on you, it’s not like you are on trial. If there is a DWP rep in attendance the panel may also ask them questions.

Original poster

Needanewadventure2021 · 02/04/2023 16:41

Is there any advice you can give for when I am there?

OP posts:

FloatingBean · 02/04/2023 16:53

Give as much detail as you when answering questions. Ask if you are unsure of anything or if you need something repeating/rephrasing, and if anything said is wrong do correct it.

If you need to ask for a short break at any point you can.

Original poster

Needanewadventure2021 · 02/04/2023 17:05

Thanks. As I say I'm confident my son should be awarded but I do know I am up against a dishonest statement from his old school. But I know I can't say that either. It just feels so unfair because what they said was false and denied everything that was in place and that he was working with OT in school

OP posts:

FloatingBean · 02/04/2023 17:12

If you can prove it was false, rather than just a difference of opinion, I would provide that proof.

Original poster

Needanewadventure2021 · 02/04/2023 17:50

I believed I had but I'll just have to reiterate it.
Hopefully the fact he was moved from the school will speak volumes. They weren't meeting his needs

OP posts:

Shoot4theMoon · 04/04/2023 13:35

Yes I had this it wasnt too bad there was 3 people sat at a long desk together I had to sit facing them I had 2 people with me one was someone my health visitor sent who helps people claim dla and the other was a dwp worker who met us there. They asked me to answer in detail why my child should get this and how his life was different to another child tbe same age.
it went well and at first he was awarded nothing then at the tribunal he was awarded the highest amount and it was back dated.

Original poster

Needanewadventure2021 · 04/04/2023 16:47

@Shoot4theMoon I really quite annoyed to be in this position to be honest as I feel its very clear what is going on and the professional evidence speaks volumes.

Hopefully I don't get a difficult panel on the day. That's what will do me, being made to feel I dont know my child which is how it's felt to this point.

Congratulations on overturning the decision. I think the fact that families are willing to take it to tribunal speaks volumes.

OP posts:

Loopylooloo22 · 07/07/2023 15:29

Good afternoon,
I have made an appeal to the tribunal following a mandatory reconsideration and the decision not being changed for my daughters DLA,
I submitted some new evidence as part of the tribunal form but I didn't include any of the evidence that I have originally sent when I applied for DLA, My question is do I send all of the original evidence again to the tribunal ? Or only new evidence that comes to light ?
Many thanks in advance

FloatingBean · 07/07/2023 15:46

@Loopylooloo22 you don’t need to send the evidence you originally submitted.

Loopylooloo22 · 07/07/2023 17:30

FloatingBean · 07/07/2023 15:46

@Loopylooloo22 you don’t need to send the evidence you originally submitted.

@FloatingBean Thank you so much for your response, That's great
You know when you submit something then you start to think was I supposed to do this, that or the other, I have never been in this situation before so I'm learning all the time

Georgina99 · 20/09/2023 12:24

I have a hearing for my daughter in 2 weeks is it true of a myth that alot of decisions are over turned

FloatingBean · 20/09/2023 12:50

More than half of decisions are overturned.

Original poster

Needanewadventure2021 · 20/09/2023 17:47

Ours was overturned. They literally introduced theirselves and made the award telling me the evidence was more than substantial and they were sorry I has to take it to tribunal.

OP posts:

Georgina99 · 21/09/2023 10:49

Thank you for the information silky questions but is there a dress code ? And is the final decision down to thr judge

Georgina99 · 21/09/2023 10:49

Silly*

FloatingBean · 21/09/2023 11:09

No dress code as such, but don’t wear anything offensive or revealing etc. The panel will make the decision.

Georgina99 · 21/09/2023 11:59

Ok thank u i do really hope it goes in our favour as shes fully home educated now ans atm we fund everything our slelfs so this would help her future so much.

FloatingBean · 21/09/2023 12:56

Rather than EHE have you thought about requesting an EHCNA and pursuing EOTAS via an EHCP? A comprehensive EOTAS package can fund far more than the vast majority of parents can afford to fund via EHE.

Georgina99 · 21/09/2023 13:49

I wasn't even aware of this but i shall definitely be looking into this. Thank you so much very helpful information.

Georgina99 · 03/10/2023 13:45

Hiya i had the appeal this morning but now im worried it may not of gone to well the judge said i shall get a letter in the post of there decision.

Original poster

Needanewadventure2021 · 03/10/2023 15:28

You can log on your tribunal account. Mine was there minutes after the appeal ended

OP posts:

Georgina99 · 03/10/2023 16:07

I just can see this on my side

Original poster

Needanewadventure2021 · 03/10/2023 16:09

Oh I didn't have that. Mine said appeal closed and have a decision notice uploaded

OP posts:

Georgina99 · 03/10/2023 17:42

Did you also get a letter from the tribunal? Im just wondering how long it might take to receive this and would it be worth calling dla maybe as they will get a notice electronically im assuming so would possibly know before i do my self

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