DLA - Tribunal help

[Redwood]

Back in August you gave me some good advice on the below:
---------------------------------------
"I have been receiving IB since 1995 on mental health grounds and have had a
few medicals on behalf of the DWP during that time (the last one indicating
5 years before another assessment). Talking to our local social service
department they said I should qualify to claim at least the low level of DLA
and came to fill in the forms. I've now received a letter from DWP
regarding my claim saying they have requested a report from my GP before
making their decision. Now the thing is I have dealt with my condition
without the need to involve my GP so there will be very little in my medical
history regarding mental health. Will the lack of evidence from my GP
result in an automatic refusal? Will they take into account the medical
reports from the previous DWP doctors I saw for my IB?"
---------------------------------------------

The advice I got was to see my GP to discuss how I'm feeling before they
submit their report. Well unfortunately they sent the report before I had
chance to see the gp, so the DLA claim was refused giving the GP's report as
their reason. I have since seen the GP who has put me on medication and
referred me to the Community Psychiatric Nurse for assessment/treatment. I
appealed the DLA decision and have a Tribunal hearing set for the beginning
of March. They say it's my responsibility to obtain further evidence to
support my appeal, but unfortunately I'm still waiting for my appointment
with the CPN so obviously won't get their report in time. Should I ask the
GP if they will forward an updated medical report to the tribunal service,
and that I'm still waiting a referral to the CPN?

 

[Robbie]

Back in August you gave me some good advice on the below:
---------------------------------------
"I have been receiving IB since 1995 on mental health grounds and have had a
few medicals on behalf of the DWP during that time (the last one indicating
5 years before another assessment). Talking to our local social service
department they said I should qualify to claim at least the low level of DLA
and came to fill in the forms. I've now received a letter from DWP
regarding my claim saying they have requested a report from my GP before
making their decision. Now the thing is I have dealt with my condition
without the need to involve my GP so there will be very little in my medical
history regarding mental health. Will the lack of evidence from my GP
result in an automatic refusal? Will they take into account the medical
reports from the previous DWP doctors I saw for my IB?"
---------------------------------------------

The advice I got was to see my GP to discuss how I'm feeling before they
submit their report. Well unfortunately they sent the report before I had
chance to see the gp, so the DLA claim was refused giving the GP's report as
their reason. I have since seen the GP who has put me on medication and
referred me to the Community Psychiatric Nurse for assessment/treatment. I
appealed the DLA decision and have a Tribunal hearing set for the beginning
of March. They say it's my responsibility to obtain further evidence to
support my appeal, but unfortunately I'm still waiting for my appointment
with the CPN so obviously won't get their report in time. Should I ask the
GP if they will forward an updated medical report to the tribunal service,
and that I'm still waiting a referral to the CPN?

Have you got a sympathetic GP? If so, hH / she could provide further
evidence but you need to speak to your GP and ask if the GP could give
you a letter of support. It is up to yourself to provide further
evidence and a sympathetic GP can make a massive difference.

In the meantime here is a link to a good organisation that I use
regularly to help with my clients:

http://www.bhas.org.uk/dla/index.shtml

It relates to DLA for people with mental health problems.

 

[Redwood]

Have you got a sympathetic GP? If so, hH / she could provide further
evidence but you need to speak to your GP and ask if the GP could give you
a letter of support. It is up to yourself to provide further evidence and
a sympathetic GP can make a massive difference.

In the meantime here is a link to a good organisation that I use regularly
to help with my clients:

http://www.bhas.org.uk/dla/index.shtml

It relates to DLA for people with mental health problems.

Thanks for the link, very useful. I'll do just that and make an appointment
to see if the gp will provide further evidence of support. When I did see
the doc she did say they often get these forms to complete without even
knowing anything about the patients circumstances so can only supply what's
in the notes, but would have been different had she known just how I was
feeling - so hopefully she will help me. Incidentally, from reading the dla
Submission papers I note GP's get £33.50 a report.

 

[Redwood]

Thanks for the link, very useful. I'll do just that and make an
appointment
to see if the gp will provide further evidence of support. When I did see
the doc she did say they often get these forms to complete without even
knowing anything about the patients circumstances so can only supply
what's
in the notes, but would have been different had she known just how I was
feeling - so hopefully she will help me. Incidentally, from reading the
dla Submission papers I note GP's get £33.50 a report.

I now have a letter of support from my GP to send to the Tribunal, although
it did cost me almost £40! I was also wondering, although I have chosen an
oral Tribunal, do you think it would help if I also send the Tribunal a
written statement prepared by myself detailing just how I feel? Would they
take that into consideration as I'm sure I'm not going to remember
everything to say on the day?

 

[Robbie]

I now have a letter of support from my GP to send to the Tribunal, although
it did cost me almost £40! I was also wondering, although I have chosen an
oral Tribunal, do you think it would help if I also send the Tribunal a
written statement prepared by myself detailing just how I feel? Would they
take that into consideration as I'm sure I'm not going to remember
everything to say on the day?

Write down what you want to say and hand it to the Tribunal clerk on the
day, plus keep a copy for yourself. Another copy would be a good idea in
case the Clerk doesn't pass the letter on to the tribunal.

 

[Redwood]

Write down what you want to say and hand it to the Tribunal clerk on the
day, plus keep a copy for yourself. Another copy would be a good idea in
case the Clerk doesn't pass the letter on to the tribunal.

Thanks again, will do just that.
I was having a read of the Tribunal website and it says:

"1 What happens after you send off your appeal?
The department or council has the option, at any time up to the tribunal
hearing, of changing the decision under appeal. If they decide to revise the
decision to your advantage, your appeal will automatically lapse (that is,
come to an end). If you are not satisfied with the revised decision, you
will have to make a fresh appeal against it."

Now although my DLA claim has been refused twice, their decision was based
entirely on the (outdated) information they obtained from my GP. As I now
have a letter from my GP supporting my claim and detailing my medical
problems, is it possible at this stage to send the DLA a copy of the GP
letter and ask again if they can review the claim based on the new evidence?
If, according to the Tribunal website, the department have the option to
change a decision at any time up to the tribunal hearing, do you think this
is worth a shot or will they automatically knock me back?

 

[Robbie]

Thanks again, will do just that.
I was having a read of the Tribunal website and it says:

"1 What happens after you send off your appeal?
The department or council has the option, at any time up to the tribunal
hearing, of changing the decision under appeal. If they decide to revise the
decision to your advantage, your appeal will automatically lapse (that is,
come to an end). If you are not satisfied with the revised decision, you
will have to make a fresh appeal against it."

Now although my DLA claim has been refused twice, their decision was based
entirely on the (outdated) information they obtained from my GP. As I now
have a letter from my GP supporting my claim and detailing my medical
problems, is it possible at this stage to send the DLA a copy of the GP
letter and ask again if they can review the claim based on the new evidence?
If, according to the Tribunal website, the department have the option to
change a decision at any time up to the tribunal hearing, do you think this
is worth a shot or will they automatically knock me back?

It's worth sending it in, even if it does get you nowhere. But make sure
you copy everything so that you have copies for the tribunal.

I really don't know if you will be knocked back, but the letter etc
should at least be looked at and forwarded on to the tribunal if nothing
happens. But, like I said, keep copies just in case.

 

[Redwood]

Redwood wrote:

It's worth sending it in, even if it does get you nowhere. But make sure
you copy everything so that you have copies for the tribunal.

I really don't know if you will be knocked back, but the letter etc should
at least be looked at and forwarded on to the tribunal if nothing happens.
But, like I said, keep copies just in case.

The GP's letter didn't help to change their decision and I was knocked back
for a third time. The tribunal is this afternoon. Shitting it would be an
understatement! Will let you know what happens.

 

[Robbie]

The GP's letter didn't help to change their decision and I was knocked back
for a third time. The tribunal is this afternoon. Shitting it would be an
understatement! Will let you know what happens.

Good luck, hope it goes OK for you.

 

[Redwood]

Good luck, hope it goes OK for you.

Cheers. Awarded low rate for both components. Didn't want to push our luck
so my rep asked for the low to be considered when we went in. I'm happy
with that, and backdated almost a year. The 3 stooges were not too bad and
I managed to stutter my way through. I need a bloody stiff drink now!

 

[Robbie]

Cheers. Awarded low rate for both components. Didn't want to push our luck
so my rep asked for the low to be considered when we went in. I'm happy
with that, and backdated almost a year. The 3 stooges were not too bad and
I managed to stutter my way through. I need a bloody stiff drink now!

well that's good news anyway and the 2 lower rates are better than
nothing. Have a drink, sounds like you could do with one after this
afternoon!

 

[Redwood]

well that's good news anyway and the 2 lower rates are better than
nothing. Have a drink, sounds like you could do with one after this
afternoon!

Yes will certainly be having a few beers. Won't go too mad though as they
awarded it for 2 years and 1 of those years is almost up. In about 6 months
time I'll be getting the new forms to go through it all over again -
only next time hopefully no tribunal.

 

[mart2306]

Yes will certainly be having a few beers.  Won't go too mad though as they
awarded it for 2 years and 1 of those years is almost up.  In about 6 months
time I'll be getting the new forms to go through it all over again -
only next time hopefully no tribunal.- Hide quoted text -

- Show quoted text -

Well at least next time your GP is more aware of your situation.
Renewal claims are basically new claims, no need for them to reference
what went on before. Can have a higher amount on renewal, can have
lower.

Martin <><

 

[Redwood]

Yes will certainly be having a few beers. Won't go too mad though as they
awarded it for 2 years and 1 of those years is almost up. In about 6
months
time I'll be getting the new forms to go through it all over again -
only next time hopefully no tribunal.- Hide quoted text -

- Show quoted text -

---------------------------------------------------------------
Well at least next time your GP is more aware of your situation.
Renewal claims are basically new claims, no need for them to reference
what went on before. Can have a higher amount on renewal, can have
lower.
--------------------------------------------------------------

Yes that's right. My claim was originally started in April 07 but it was
after this date when I was prescribed antidepressants and referred to the
CPN. At the tribunal the legal person who sits in the middle told me that
they can't take my medication or CPN into account as they can only make
their decision based on my condition at the time of starting the claim. In
that case, as I got the low rate based on my April 07 condition then I
should stand a better chance on renewal (or even getting a
higher rate) by supplying the same medical evidence to support that my
condition has worsened since I was last awarded DLA.

 

[mart2306]

---------------------------------------------------------------
Well at least next time your GP is more aware of your situation.
Renewal claims are basically new claims, no need for them to reference
what went on before. Can have a higher amount on renewal, can have
lower.
--------------------------------------------------------------

Yes that's right.  My claim was originally started in April 07 but it was
after this date when I was prescribed antidepressants and referred to the
CPN.  At the tribunal the legal person who sits in the middle told me that
they can't take my medication or CPN into account as they can only make
their decision based on my condition at the time of starting the claim.  In
that case, as I got the low rate based on my April 07 condition then I
should stand a better chance on renewal (or even getting a
higher rate) by supplying the same medical evidence to support that my
condition has worsened since I was last awarded DLA.

Yes, so long as you fill the forms in to reflect that, you have a
chance.
Just remember its not based on your condition or how its worsened, its
based on what you can and cannot do.

Martin <><