DLA additional evidence

Hello

My mum had her appeal ajourned due to being unwell. Her new hearing is in mid September.

The rep said the DWP don't look through the entire form, that something has to grab their attention in the first few pages. When my mum asked if the panel would look through her entire form (which has lots of additional pages and 70 odd pages of medical reports) he said "We can only hope they will".

I thought a rep stayed with a person throughout the hearing and spoke for the person but my mum's rep said he just goes in at the begining to say what my mum is appealing for (higher care rate) then leaves. My mum is a nervous wreck and I can't accompany her as I am not mentally stable enough to stay calm when they are questioning her.

I helped my mum as best I could to fill in the DLA form but her rep said I did not do it properly and that my mum has little chance of winning her appeal. The rep said my mum's depression should have been mentioned at the front of the form and not in the additional pages. Would it help if my mum asked her doctor for a letter stating she is on anti depressants, has attended therapy, couselling and out patients at a mental health centre to be sent to the tribunal or is this not classed as additional evidence as it is already mentioned in the additional pages?

2 weeks before her new appeal my mum is having an op to put a pin in her arthritic toe so she will be on cruthches for six weeks. I am worried it is all going to be too much for her and the rep did say she has little chance of winning because I filled in the form incorrectly. Has anyone else won their appeal even though they were advised they had little chance?

Thanks

Thanks

Hi Margaret,

I can honestly say that i have never herd of a 'representative' who just tells the panel what the appelant hopes to be awarded then disappears. I can't see the point of that at all - why not just put it in a letter to the tribunal?

And if the only people who won their appeals were people who had made a good job of filling in their claim form then the success rate would be an awful lot lower than it is.

Perhaps your rep isn't very experienced? I certainly wouldn't take too much notice of their predictions.

A letter from your mum's doctor would certainly help, even if the information is already in the form.

If your mum isn't well enough to attend the hearing she can ask to have it posponed.

Good luck,

Steve

Hi Margaret

I am fairly certain the DWP have to look through the entire form because it all probably has to be entered into a computer system.

I can’t understand how your Rep can think that something has to grab their attention in the first few pages because your Mum’s disability may be addressed by questions towards the end of the form. It shouldn’t really matter where the evidence is placed, as long as it is present on the form or additional sheets.

The tribunal are obliged to read all of the evidence you provided before the hearing, but I regret to say that there is no guarantee that the tribunal will do this (the Judge didn’t seem to have read any of it in my case). That said, failing to read and take all of the evidence into consideration is likely to result in errors when the Judge writes the Statement of Reasons, and this could allow a further appeal.

I’m puzzled by your Rep who is only present at the beginning of the hearing, as a Rep's job is to argue your case and support you, and to ensure that you have a fair hearing.

Best of luck to you and your mother, don’t give up hope

Derek

Thank you Steve and Derek.

The rep also said my mum was not to challenge the visiting doctor's report which is misleading and untruthful, my mum is to speak only when spoken to.

She is becoming very worried about being questioned because her mind is not clear and is thinking of asking for a paper hearing. Can she do this now and if her appeal is not successful can she take it further?

Thanks

Hi Margaret

I’m even more bewildered by your Rep. Challenging a medical report is a key part to any appeal, and it should certainly be challenge where it is wrong or misleading.

You can ask for a paper hearing at any time but statistically you have a lesser chance of success, because the panel will not be able to ask specific questions and the medical member of the panel will not be able to see your mother.

I think in the circumstances it is quite unfair that your mum should have to go to a hearing without being fully represented. You could try contacting another advice agency to see if they would be able to provide a Rep, but unfortunately they are very hard to find.

You can take the appeal further if the tribunal make any legal errors (which include inadequate reasons for their decision or not properly considering all the evidence) but you would have to see an experienced advisor about that.

Best wishes

Derek

Hi Margaret,

Your Rep sounds inexperienced and unfamiliar with the appeals system and procedures. Even if an appellant has a representative, the tribunal will always direct any questions to the appellant as it's their appeal, and no one knows more about their care and/or mobility needs. Your Mum will certainly be allowed to state her needs, and suggestions that she should only speak when spoken to is absolutely incorrect.

Tribunals are totally independent of the DWP, they are appointed by the Dept of Justice, and all appointments have to be approved by the Lord Chancellor.

I sat on literally thousands of DLA Tribunals during the 10 years I sat on them as a Disability Specialist. We always received copies of all case papers around 2-3 weeks before the date of the appeal, so we could read through them thoroughly at home before the day of the appeal.

Most appeals are won not because of any real new evidence given on the day, but because what the Tribunal Members ask the appellant at the hearing and the answers they give which is why we always advise appellants to ask for an oral hearing, which currently have around a 65% success rate.

A poor representative can actually do more harm for the appellant, a point recently made by the President of Appeal Tribunals, Judge Robert Martin & his predecessor Judge Michael Harris.

For more on social security appeals, including DLA appeals see Social Security Appeals

Good luck to your Mum, and hope you can attend to support her.

Jim