tribunal in 2 weeks

My sons DLA tribunal is in 2 weeks time. I am not being represented by anyone on the day as I left it too late to get representation. My question is, as the tribunal has taken so long to be heard (almost a year from renewal) is the view point of the tribunal to look back over the last year at my sons condition. Just that he has been far worse over the past year than he has in the last few weeks. I am worried that I might create the impression that he is 'cured' if I mention this. I just need to know if the tribunal will consider this in their decision.

My son has been using his wheelchair less but has again had to take more pain relief because of this. It is very difficult to be able to convey that this is part of the problem with his mobility. That he is capable of walking however the pain that he suffers later on significant. I can't help feeling that the closer we get to the tribunal the more nervous I am feeling and I just feel that they are just waiting to 'catch me out'.

Any advice would be much appreciated.

Trina wrote:

, as the tribunal has taken so long to be heard (almost a year from renewal) is the view point of the tribunal to look back over the last year at my sons condition. Just that he has been far worse over the past year than he has in the last few weeks. I am worried that I might create the impression that he is 'cured' if I mention this. I just need to know if the tribunal will consider this in their decision.
.

I'm in a similar position. The tribunal from what I understand should be looking at the situation when you first applied.

My EMP took place over a year after my application, so I fail to see how accurate that will be, plus I also have had a slight improvement, but have been told not to mention it or my claim as a whole could be scrapped. I've asked countless people and advise groups about this and have been given different answers every time. I'm still unsure what to do myself ?

Hi Trina

Tribunals can only consider circumstances at the time of the decision, and therefore should not take into consideration your sons health over the last year or any recent improvement in your sons health.

If you son is visibly better than a year ago, for example, if he walks into the tribunal instead of using his wheelchair, I think it would be important to mention his improvement to the tribunal so that they don't assume that he was that able a year ago. Also if he has taken painkillers this too could be mentioned as they will observe him at the hearing, even though it's a year on.

Although a DWP representative, known as the Presenting Officer may be there, the Tribunal itself is completely neutral and independent of the DWP. I don't think you should worry about them trying to 'catch you out'. Both the Tribunal and the Presenting Officer from the DWP are required to be polite and courteous at all times.

Please read the appeal guides in the DLA section of the members area which gives a description and advice about appeal hearings.

Best of luck

Derek

Doris wrote:

I'm in a similar position. The tribunal from what I understand should be looking at the situation when you first applied.

My EMP took place over a year after my application, so I fail to see how accurate that will be, plus I also have had a slight improvement, but have been told not to mention it or my claim as a whole could be scrapped. I've asked countless people and advise groups about this and have been given different answers every time. I'm still unsure what to do myself ?

Hi Doris

Tribunals have to consider your health at the time of the DWP decision, not the medical and certainly not the date of application, which as you suggested would make a medical seem irrelevant.

Best wishes

Derek

Hi Derek

thanks for the advice, it seems to clarify things somewhat. However I spoke to the tribunal clerk some time ago and asked if my son was required to be at the tribunal as he is only 10. She advised against it as it is not a requirement and could be upsetting for him to hear people discussing him etc.

I have read the appeal guides and they are really helpful. I am going to sit down and highlight the areas that I want to challenge the DWP about such as stating that my son should be deprived of liquids in the evening so he does not wet the bed (as he sometimes does when he is in a lot of pain which results in him being exhausted etc). They also argued that he has had his condition long enough (3 years) that he should know what activities will result in pain therefore he should be able to self limit etc. Utter rubbish if you ask me, and in fact the headmistress at his new school made a point that he is far to young to self limit, he just wouldn't be able to do that at his age/maturity.

They have chosen to totally ignore the fact that he uses a wheelchair on a daily basis (less so now).

Any way I intend to present as full a picture of his circumstances as I can.

Thank you for your help. Any other pearls of wisdom will be greatfully received!

DepressedDerek wrote:

Hi Doris

Tribunals have to consider your health at the time of the DWP decision, not the medical and certainly not the date of application, which as you suggested would make a medical seem irrelevant.

Best wishes

Derek

Couldn't the tribunal panel dismiss medical evidence produced a few months after the decision was made ?

For example. My GP practice will not write supporting evidence reports until you have been turned down for a DLA claim or about to go to appeal. Similarly it took two months to organise the OT to come and do there report, which again is dated 11 weeks after the DWP made there decision.

I appreciate the tribunal panel can only look at my condition at the time of the decision, but how do they consider supporting medical evidence dated two months after the decision was made.