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Tribunal advice please - Carers UK Forum

Tribunal advice please

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Hi everyone,

Has any one been to a Tribunal hearing?

OH has to go for one in a few weeks, for DLA, and I am really nervous about it.

I don't like new places, or the unknown, not only that, but we have to travel for about an hour to get there, (we have arranged a lift) this will make OH really tired, and his anxiety will no doubt kick in, making him shaky and sometimes unable to talk.

I have read some horror stories about the panel being rather uncaring, or not allowing the carer to respond for the claimant.

Has anyone had any first hand experience?

Just thinking about it has my tum doing somersaults!

Any advice would be very much appreciated

Hello sturdygirl

Jan and I have been before a Tribunal, for DLA. The best advice (off the top of my head).

Is answer all questions, from the point of view of the worst day, . Don't be too 'proud' to let them know how difficult thing are.

Be warned that some of their questions will be very personal, try not to get embarrassed, but answer thinking of the worst day.

Good luck (it worked for us, we had advice from CAB, they were brilliant)

if I think of any thing else, I'll be in touch.
Tell it as it is,show your emotions,including embarrassment,because this shows how your situation affects you,and remember that they won`t be hearing anything they havn`t heard before.Let them know it all,everything,not just basics but the way it affects every aspect of your,or anyone elses,life.Good luck.
Probably worth making notes of what you need to mention and take it with you. Image
No advice really Sturdygirl except to say - remember to breath Image
Hi again

Jimbo & Micheal,

Thanks for that,

If they want emotion, I have it, in abundance!

Do they really get so personal that it embarrasses? Oh well, after everything that's happened lately it might be theraputic to be able to tell people exactly how it is...... we normally go with the old chestnut....'we're fine thanks'.....saves the long explanations and questioning looks when people don't get it!

The only problem is that the form was filled in 12 months ago, a WHOLE YEAR has passed, OH has got worse, and I can barely remember what I did last week, let alone last year! Image

We have got a copy of the original form, so will go through that beforehand, and make notes as suggested.

Susieq ; I'm going to write that as a header on all my notes, and the palm of my hand Image

Thanks all
If your husband is substantially worse than when he completed the form which led to him being turned down for DLA you need to take care to make sure that you make it clear that you are talking about how he was then, not how he is now. Any change in condition since the original claim cannot be taken into account, the appeal is about the claimant's care and mobility needs at the time of the claim. Your husband may be asked whether his condition is now worse than then, take care when answering, do not just say yes but reiterate how he was then.

Whilst your husband should answer questions addressed to him, any difficulty should be noted and may prove advantageous, you are permitted to give supporting evidence as a witness, the Tribunal Service is a civil part of the Court Service and it allows for witnesses in the same way as other cases are dealt with, it differs from many other parts of the Courts Service in that it is inquisitorial rather than adversarial, you should not feel that you are on trial.

Good luck.
Thank you Parsifal.

I know it's unreasonable to be so anxious about this, but I'm so damned angry that it has had to come this far, especially given that OH isn't too good mobility wise or mentally.

Had a call from our WBO, she is submitting her final statement so all the hard work is done for us, it's just a shame she can't come with us.

Thanks again everyone
I have seen welfare rights workers at tribuneral speaking for their clients. Also if mobility is an issue or your OH would be freaked out by being outwith his home environment it is possible to have a domicillary tribuneral hearing, where the panel come to your home. That might be worse depending how you feel about visitors.

Some years ago we asked for a domicillary visit as OH was bedridden and it was his claim. Amazingly they declined and made the award on reviewing the paperwork alone, so that worked in our favour.

Best of luck, you will be fine.

Take care
Hi Meg,

I didn't know you could ask for a home visit, although I think it's a little late now as the dreaded date is nearly is nearly here. Image

I did ask if our welfare rights officer could come with us, but unfortunately their budget doesn't run that far. She has been really helpful though, and I'm hoping I have sent in enough information for the panel to understand exactly whats what.

I'm not going to speak to OH again about it until the day before, when we go through the paperwork, - we had a chat after the WBO phoned the other day, he got uncontrolably shaky, sweaty and his tummy went a bit dodgy to say the least!
I can see it's going to be an eventful day.....

Thanks for the good luck Meg
Hi everyone,
Just thought i would let you know that OH won his appeal
I was amazingly calm, OH was a nervous wreck, thought he was going to pass out at one stage!,- he did however manage to answer all questions reasonably well, I was very proud of him.
The doctor on the panel wasn't very nice, it was like he was deliberately trying to confuse OH, OH got a bit angry/flustered, but composed himself.
The hardest part was answering the questions from a 12 months ago perspective,- as there are other problems going on now, OH had to think hard about some answers, but he did really well.
Just to say thank you for all your advice
So glad it's over with now!