Disability Tribunal to be heard in absence.

[josefk]

Hopefully someone can help. A person I was representing through an employment issue has asked me about her disability issue. Before April she had a blue badge which enabled her to be taken about places, the blue badge ran out in April and for some reason, as there has been no change in condition, the DWP judged her from being on the higher level of DLA to not requiring it at all.

This decision was challenged. the person lives in Eastbourne and so the DWP sent her for an assessment in Brighton. She cannot commute there on public transport and the place has 2 disabled parking bays which she couldn't use because no longer having a blue badge and there is no other parking nearby.

A request was placed for a home assessment by the DWP and a time and date given. The individual had a carer (family member, not paid for carer)with her that day but nobody came for the appointment. However because of this she was deemed to have been assessed and still no DLA.

A Tribunal claim was lodged. A Tribunal date was given but it is again in Brighton so the same mobility issues apply and it is on a date that no family member is available to be there. All family live 50+ miles away anyway but take it in turns to look after her at her address. A request was put in to the DWP to adjourn the Tribunal but this was denied as since the carer couldn't be there on the date given there is no evidence to suggest that if another date was given the same situation may arise.

Any suggestions please? This is a young person suffering with anorexia with mobility and cognitive issues who is getting no help.

Thanks for any assistance.

[wales01man]

Re: Disability Tribunal to be heard in absence.

If they dont attend they wont get the benefit back

[teaboy2]

Re: Disability Tribunal to be heard in absence.

This stinks of breaches of the equality act 2010 section 15 to me. They are obliged to make reasonable adjustments because of her disability but they clearly have not done so at all of the stages! They know she is disabled and yet still refuse to make reasonable adjustments or reasonable changes in appointments dates/times that are more convenient to your friends needs.

15Discrimination arising from disability

(1)A person (A) discriminates against a disabled person (B) if—

(a)A treats B unfavourably because of something arising in consequence of B's disability, and

(b)A cannot show that the treatment is a proportionate means of achieving a legitimate aim.

(2)Subsection (1) does not apply if A shows that A did not know, and could not reasonably have been expected to know, that B had the disability.

And what bright spark had the idea of only having or needing 2 disability parking bays at a disability assessment center!!

[Inca]

Re: Disability Tribunal to be heard in absence.

Probably the same bright spark who has decided that the Blue Badge isn't valid in certain car parks unless the vehicle is tax exempt too.

[wales01man]

Re: Disability Tribunal to be heard in absence.

That bright spark was probably a highly paid clever person who learnt it all reading books and has not idea what real life is,
Have to say if clever people are running the world time for some Idiots to take over and put it right/

[teaboy2]

Re: Disability Tribunal to be heard in absence.

True guys - Also probably the same bright spark that thinks its their god given right to park in disabled spaces without a blue badge! That's half the coppers in my area covered!!

[Inca]

Re: Disability Tribunal to be heard in absence.

So,,we all agree they're planks....now,,how to help OP.......
Did the young lady receive any prior notification that her DLA was up for review?
The Badge expiring and the DLA stop are probably coincidental,,,did she receive a Badge renewal notice?

As regards the only 2 spaces being ''disabled''......personally I would pull into the car park at appointment time..get the driver to go in the office and tell them that. unless the car can be parked there for the duration of the interview ,they will be the ones preventing the interview taking place. The girl has turned up,,not her fault they have no parking available.

[wales01man]

Re: Disability Tribunal to be heard in absence.

if she has no blue badge how can she park in a disabled badge?

[Inca]

Re: Disability Tribunal to be heard in absence.

She can't wales,,that's my point..If there is no adequate parking available and they don't give permission to park there then how is she meant to attend??? (and I'd record everything)
Did you know that 'disabled'parking bays outside your house is a privilege and not a 'right' Anyone can park there if they so choose.

[wales01man]

Re: Disability Tribunal to be heard in absence.

I got a drive very hard to see a satisfactory conclusion to this problem the girl has.

[bluebottle]

Re: Disability Tribunal to be heard in absence.

Who is dictating the Tribunal venue, DWP or HMCTS? Contact HMCTS Social Security Appeals at Cardiff and find out what is going on. My opinion of this is that the appellant's right under Article 6, Human Rights Act 1998 (Right to A Fair Hearing) is being violated. DWP also need to explain why no-one turned up for the home assessment, which a claimant is entitled to request as of right.

[josefk]

Re: Disability Tribunal to be heard in absence.

Thank you for all your responses.

The lady in question was promised a home visit to assess her for disability allowance and whilst she and her carer stayed in all day nobody came to do the assessment. In a strange world which the DWP belongs in the fact that nobody arrived to undertake the allocated assessment meant that it was correct for them to continue to not pay her and disability allowance at all.

It was sheer poor timing that the DLA renewal and the blue badge renewal came about at the same time but the council in question will not renew a blue badge unless you are on higher level mobility allowance of DLA so one feeds into the other. NO DLA as she cannot get to the assessment centre, No DLA as the home assessment didn't take place so still no blue badge and on the date of tribunal her carer is recovering after a spinal manipulation procedure so will beunable to make the 50+ mile journey to help. They refuse to give another date in case the carer cannot make that one, seems a very tenuous argument as apart from this single occasion the carer has always been there for her when needed.

I have drafted a letter using the points that you made regarding Article 6 and equalities act so will see what they say in response to that. I have asked for a named individual who made the decision to deny the right and the adjustments.

thanks again.

[Inca]

Re: Disability Tribunal to be heard in absence.

Hi
I hope you don't mind me asking but what exactly are her mobility issues??(broadly speaking of course)

[wales01man]

Re: Disability Tribunal to be heard in absence.

Is there an appeal system here somewhere?

[josefk]

Re: Disability Tribunal to be heard in absence.

Answer the two questions:

Her mobility issues are twofold, firstly because of the anorexia she is not able to mobilise any distance before being exhausted and secondly because of cognitive impairment if she is to go somewhere she doesn't know then she has to be accompanied as she will not have the mental function to not end up in Scotland whilst going to Brighton. Because of the effect of her anorexia she is not able to cross the road on her own (and I honestly mean that literally). A few years back there would have been help but the local mental health services have been pretty much ripped to pieces.

There would be an appeals process but she has been off all allowance since April and so getting in a real financial mess. To wait for an appeal will just extend what has already been a painful process and unsure just how much longer she can survive on the little there is coming in.