Hi All , i have just been referred a DLA case which has been declined completely , when i met with the claimant to go through the submission
it was evident why the claim had been dismissed , virtually half the tick boxes were empty and without comment , the claim had been completed on line by the claimants daughter on behalf of her mother whom suffers with chronic back pain caused by 3 degenerative discs in her spine and clinical depression . On face value she meets the mobility and care needs criteria easily . I have lodged an appeal as we have further medical evidence to call on but my concern is about how the claim was completed . Is there any case law relevant to a similar scenario i could use in my Arsenal at appeal which is in a weeks time any snippets would be most appreciated .

thanks to everyone who may be able to help

Colin

Hi Colin,

Haven't a clue about any case law, but as a chair or Judge of the lower tier once commented to a fellow panel member at an appeal hearing i was repping at, its not unusual (obviously within reason) for there to be differences between whats in the claim pack and the actual case being made to the tribunal, because of the difficulty a lot of claimants/carers/care professionals have with understanding let alone completing DLA forms.

So may be worth asking the daughter if she had any difficulties with completing the claim pack, and why she didn't complete certain pages, so you can address any 'apparent contradictions' for the tribunal prior to the hearing. Actually, i never gone on line, to complete a claim pack, does that in its self represent any difficulties for claimants/Cares/Care professionals?

andy

Cheers Andy , fair comment as we all know the claim pack is not user friendly unless trained . As i write i have just learned the Daughter has her own psycological problems which may of had an impact on her understanding of the questions asked . So i will add that one to my bow

Once again mate i appreciate your time for replying

Colin