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Home » Law » I won my disability living allowance appeal and it surprisingly was an incredibly rewarding experience

I won my disability living allowance appeal and it surprisingly was an incredibly rewarding experience



 

This is what you would call perhaps a ‘good news story’ about my disability benefits.

Last Monday, I was invited to Fox Court, Gray’s Inn Road, to go in front of a disability benefits tribunal. I had no idea what to expect. If you ‘Google’ what these tribunals are about, you are likely to draw a blank.

I turned up on time, although I was very nearly late. I think it’s worth treating the tribunal appointment like a job interview. Make sure you turn up with time to spare, so you can compose your thoughts. Where it isn’t like a job interview is that I appeared ‘smart casual’. This is because I have real difficulty in doing buttons and tying shoelaces, and I felt it might be appropriate for the tribunal members to see me how I actually am in my day-to-day life.

Actually, they were very nice to me.  I had a panel of three, including a disability expert, and a medical expert. They weren’t overly friendly. There was a huge timer between us, so I know that the entire thing was over in 17 minutes flat.

In the end, it was quite a big deal for me. For me, I had put in an application, and then was not awarded any benefit. I had been on the highest rate of mobility allowance before. I took just in case my old medical notes, but did make it crystal clear to them the date of the reports. They found them useful. I asked for my original submissions to be reviewed, and they made an initial award. I discussed this award with a welfare benefits advisor in a law centre whom I know well. He recommended that it was, in fact, the wrong award, and thought I should appeal. The only voluminous paperwork was the original application form, which you must complete to the best of your ability. The point about the appeal notification is just to let them know you wish to appeal, with a clear reason.

I didn’t have to pay for the appeal. Always tell the truth. Also, only answer the question they ask. Don’t pontificate about anything else. They want to know how far you can walk in metres. They also want to know whether you need help with your living, so think carefully about washing, bathing, shaving, cooking, shopping, getting out of bed, showering, etc. If something doesn’t apply to you, e.g. night-time care, don’t shoehorn possible reasons why it might.

Think about what you’re saying. Make sure that what you’re saying is consistent all the way through. This will be a given if you are telling the truth. But if you say you never go out of the house don’t say you’ve just come back from a hill climbing trek in the Himalayas, etc. This is obviously a ridiculous example, but you know what you mean.

I learnt some basics from the advocacy course in my Legal Practice Course which helped. That is, it really helps if you keep eye contact with the people asking you the questions. I acknowedged that I had a weird squint beforehand, as I have a rare double vision problem. I didn’t use any notes, but I would strongly recommend that you don’t immerse your nose in a bulk of notes. Those notes will only confuse you, and slow you down enormously.

So, anyway it was an entirely constructive experience. Whether or not it is typical, I don’t know. However, I learnt how to trust them. I didn’t take in any tape recorders, as indeed some had advised. I won my appeal. I’m glad I put myself through it, though it can be exasperating and time-consuming as it goes along. As it happens, all the people I spoke to in the Department of Work and Pensions were extremely helpful, but this again could be simply “luck of the draw”. Good luck!

  • Helga Warzecha

    amazing – Dani was never asked to go in front of a panel – they always downgraded on renewal, then reinstated after “strong” letter sent. Never understood why.

  • http://twitter.com/woolhatwoman Woolhatwoman

    Well done, Shibley. Very glad to hear it. Best wishes.

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