Turned down for DLA/AA? Think you're not getting enough?
Download Turned down for DLA/AA? Think you´re not getting enough? (376K)
´I´ve received a huge pack of papers! What do I do?´
´What do I need to do before the hearing?´
Writing useful evidence for Disability Living Allowance and Attendance Allowance appeals
'What should I do on the day?'
o Make sure you arrive in plenty of time.
o Don't dress up or make a big effort with your appearance. It might give them the impression that you don't need help, even if you do.
o The panel may be running late and so you might have to wait. If you have made any notes of what you want to say, use this time to go over them. Try to keep calm. There will be water available.
o Many people find they get very emotional at the hearing. It doesn't matter if you get upset. It won't make any difference to your chances. Remember - you can ask for a break to compose yourself.
o Be aware that it is possible that you will be watched from the moment you arrive. For example, if you have said you have trouble getting in and out of chairs they will watch you as you sit down, or how you move around. If you are having a good day, and your condition is normally worse, make sure you tell them.
o If you've taken the person who helps you with you to explain what help you need (rather than simply to give you emotional support), they may be asked to wait outside until their evidence is needed. You need to be prepared to go in alone to start with.
o If you had asked for any help with communication or translation and it is not available, you should insist on having the hearing another day.
o If you don't understand a question, ask them to repeat it or put it another way.
o Don't worry about using the 'right' language - your own words are perfect. If you think they haven't understood something you have said, say it again in a different way
o If you sent them any evidence before the hearing, check that they received it.
o If somebody has helped you on the day (perhaps by physically helping you to get up and dressed, or by encouraging you to get yourself ready and keeping you calm) - be sure to tell the panel. Even if you didn't get any help as such, but needed to get a taxi because of your problems walking or going to places you don't know - tell them. They will often ask you about how you got there or if you had any problems this morning, but if they don't ask try to make sure you bring it up.
o Don't make light of your condition. It's tempting to gloss over the difficulties you have, particularly if you find them embarrassing, but you will only harm your case if you do. Be as frank about your condition as you can be, and explain the help you really need rather than how you manage. Remember, it doesn't matter what the panel think of you - they would be wrong to judge you badly because of your disability, and you are never going to see them again!
o Try to answer every question as broadly as you can. For example, if they ask you if you need help to get washed in the morning - tell them if you do, and if you need any other help at this time too (this could be physical help, or being reminded or encouraged). If you don't need help because you don't usually get washed in the morning (perhaps because your condition is worse in the morning, or because you find it hard to be bothered to have a proper wash) explain that.
o If you find you haven't said everything you want to say because they haven't asked the right question - tell them anyway. It is important that you say everything. A clever tactic is to make notes about what you want to tell them and tick them off as you say them. Make sure that they are all ticked off before you leave. If you have taken somebody with you for moral support - this is a very useful thing for them to do.
o If your condition goes up and down and you need different amounts of help on different days, you will need to make this clear. It is best if you can say roughly how often you need help with each thing, rather than saying 'sometimes'. For example, 'My condition is bad for three weeks out of every four. At these times my joints are very painful and I cannot walk very far or stand'. If you have kept a diary of your needs you should be able to use that to work out how often you need help with different tasks.
What to take with you on the day
o Take copies of any evidence you have sent in beforehand.
o If you have any new evidence that you think will be useful that you haven't already sent in, take that and hand it in when you arrive.
o If you are taking any medication, take it with you so that the panel can see it. Do not take old medication.
For friends or relatives
If someone has asked you to go with them to the hearing to give them support, there are several things that you could do that would be very useful.
Before the hearing, sit down with your friend and write a list of all the help they need or should have. Take it with you on the day and tick them off as they are said. If at the end of the hearing there are still things that haven't been said - you can remind them.
Try not to answer questions on your friend's behalf. If you realise that your friend has left bits out when answering a question - try to remind them, rather than say it for them. However, if they are finding it difficult or becoming very emotional you can answer the question yourself (although it is best to ask the Chair if it is OK first, just to be polite).
If they get upset or stressed you can try to calm them down. If this doesn't work, ask them if they want a short break (don't over do this though - too many breaks will prolong the stress and won't help anybody).
Read through this leaflet (particularly the sections about the hearing and what to do on the day). This will help you to know what will happen so that you can help your friend.
