HORRAY !! Tribunal success !

Hello, just back from the Tribunal from hell - unless they all feel like that ? It was for a disability mobility and care appeal.

I was severely questioned for 40 mins which felt like forever. Took no representation just myself and my son waited in the waiting room for me. It was the most horrific thing ever been through in my life - the Dr was asking mobility question which felt like trick ones but i asnswered as honestly as i could did not elaborate just honestly. They told me at end that they would post the decision to me but the Clerk told me to wait in the wating room and then came back 15 mins later with written decision of higher rate mobility and middle care !!!!!! So im over the moon !

I have rheumatoid arthritis with mobility problems and im a divorced parent of 3 sons - im 37. So this will help me a lot with the expenses that i have from this illness. Im so happy and grateful for all the help I have had from this site. I really felt negative when i came out of the room but I knew I had done my best. I am lucky to get it back paid to March 2009 - so a year of backpayments - im wondering will i get backpayments with income support and child tax also - as should have had this award a year ago ??

If im right in my understanding that I will get the care element to my claims with child tax and income suport ? I was told should be a month before I get any payment from disability - anyone had experience of how long this takes ?

My award is until Jan 2012 then I will probably have to renew again. But at least I can forget about it until then xx

chelle36 wrote:

Hello, just back from the Tribunal from hell - unless they all feel like that ? It was for a disability mobility and care appeal.

I was severely questioned for 40 mins which felt like forever. Took no representation just myself and my son waited in the waiting room for me. It was the most horrific thing ever been through in my life - the Dr was asking mobility question which felt like trick ones but i asnswered as honestly as i could did not elaborate just honestly. They told me at end that they would post the decision to me but the Clerk told me to wait in the wating room and then came back 15 mins later with written decision of higher rate mobility and middle care !!!!!! So im over the moon !

I have rheumatoid arthritis with mobility problems and im a divorced parent of 3 sons - im 37. So this will help me a lot with the expenses that i have from this illness. Im so happy and grateful for all the help I have had from this site. I really felt negative when i came out of the room but I knew I had done my best. I am lucky to get it back paid to March 2009 - so a year of backpayments - im wondering will i get backpayments with income support and child tax also - as should have had this award a year ago ??

If im right in my understanding that I will get the care element to my claims with child tax and income suport ? I was told should be a month before I get any payment from disability - anyone had experience of how long this takes ?

My award is until Jan 2012 then I will probably have to renew again. But at least I can forget about it until then xx

Congratulations and well done with your success before the tribunal today.

You will indeed be entitled to a substantial amount of arrears of DLA dating back to March 2009. You may also qualify for arrears of the severe disability premium payable with IS, if nobody claims/receives Carers Allowance for looking after you? However, normally you do need to live alone, although certain persons within the family usually dependants under the age of eighteen, may be disregarded. You will need to seek advice from the office which pays your IS if necessary?

There should be no effect on your Child Tax Credit as a result of your entitlement to DLA. This would usually only affect CTC when a child was awarded DLA in their own right, but again you may wish to check this with the tax credit office which deals with your claim?

As you may accrue a substantial amount of DLA arrears and possibly IS arrears, for means-tested benefits such as IS, Housing Benefit and Council Tax Benefit, these arrears can be disregarded as capital for 52 weeks from the date of receipt, unless they exceed £5,000 in which case they can be disregarded for the lifetime of the current award of IS, and also HB and CTB if applicable?

Fantastic news, well done, i bet you're over the moon! It news like this that keep me going.

Thank you both for your replies !!!!

Crazy Diamond - no one gets carers allowance for me it's just me and my children. So im hoping that il get the premium that would be nice - I used to get it when had my previous disability award - so sorry to sound stupid - so if i get this backpayment for the income support element and the backpayment for the dla which is should have been getting the last year anyway - will they stop my income support and say I have to live off this backpayment ???

xxx

Happy Days, well done Chelle.

kathy x

chelle36 wrote:

Thank you both for your replies !!!!

Crazy Diamond - no one gets carers allowance for me it's just me and my children. So im hoping that il get the premium that would be nice - I used to get it when had my previous disability award - so sorry to sound stupid - so if i get this backpayment for the income support element and the backpayment for the dla which is should have been getting the last year anyway - will they stop my income support and say I have to live off this backpayment ???

xxx

As you previously received the SDP with IS you will most probably qualify again.

No, your Income Support payments will not be stopped nor will you be expected to live off the backpayments. Your IS payments will continue and as mentioned your SDP should be reinstated. The fact that the DLA Unit did not renew your award in March 2009 is not your fault, and consequently arrears have accrued over the last year as a result of a successful appeal.

The rules as mentioned in my previous post will apply regarding the arrears disregarded as capital, for the purposes of means-tested benefits.