War pension tribunal

[MrsMakkaPakka]

Hi was wondering if anyone has any advice to offer. I was M.D. in 2006 and been fighting for my war pension since 2009. I was left with a back injury after a assault the raf accept responsibility for this and I received 2 lots of compo as my disability was graded under 20%. I have very poor mobility and our mq has many adaptions to help me day by day and I have 2 volunteer careers come to help me once a week each. Back in may I had someone from atos come out to assess me and put my disability from 19 to 20% I still believe this is too low so I am now fighting it. The rbl are my representing myself in the tribunal on Jan 22nd 2013 but I have no idea what to expect was wondering if anyone has been to court for a tribunal before. Mr makka pakka is one of my witnesses as he's seen me when I'm at my worst and hoping this can help my case. I'm really hoping to win this as every day is difficult and I'm constantly at hospital I currently receive dla benefits higher mobility and lower care just hope this helps my case too even that was a 5year fight to get that alone. Any advice would be welcome thanx

 

[The Pundit Man]

I had a tribunal a couple of years ago when I disagreed with the initial assessment that gave me around 5% for something I had experienced for more than 30 years ago and was acknowledged by the service.
Even the first RBL chap said I was wasting my time going to a tribunal but I was convinced it was wrong.
The tribunal can be at a place of your choosing to be close to where you live. I chose London because it was easy to get to and a travel warrant eased the expense.

The tribunal itself consists of three people across the desk who normally include a service representative, a medical specialist and in my case someone from industry. They were dressed in civvies, polite and interested in my situation and how my injury affected me on a day to day basis. This format is so much better than trying to explain on paper how your life has been altered. The three members of the tribunal will ask you questions on various subjects, but you are not on trial! Take a deep breath and be honest with them. Next to you will be, I hope, a member of staff from the RBL who can assist you and will have introduced themselves before entering the room. There may be another person in the room also who represents the crown and is also entitled to ask questions.

Be absolutely sure beforehand that you have read and re-read all the paperwork that has been filed for your case as this is the information that the tribunal will base their questions on. The credibility of your appeal will be largely based on how your answers compare with what is in front of them! It is still possible to strengthen your case with examples of your lifestyle that haven`t been given before. They do want to know about you and if you are honest and calm about your condition then you have a strong chance of success.

My interview with the tribunal took 15 minutes and they immediately awarded me an increase to 15-19%. I felt vindicated and relieved that I was able to put my disabilty forward in a convincing manner.
Good luck and if you have any other questions, fire away.
By the way, there is a bazzing cafe to the left of the London Tribunal centre that serves the best bacon butties!

 

[Flybynight]

I had a tribunal a couple of years ago when I disagreed with the initial assessment that gave me around 5% for something I had experienced for more than 30 years ago and was acknowledged by the service.
Even the first RBL chap said I was wasting my time going to a tribunal but I was convinced it was wrong.
The tribunal can be at a place of your choosing to be close to where you live. I chose London because it was easy to get to and a travel warrant eased the expense.

The tribunal itself consists of three people across the desk who normally include a service representative, a medical specialist and in my case someone from industry. They were dressed in civvies, polite and interested in my situation and how my injury affected me on a day to day basis. This format is so much better than trying to explain on paper how your life has been altered. The three members of the tribunal will ask you questions on various subjects, but you are not on trial! Take a deep breath and be honest with them. Next to you will be, I hope, a member of staff from the RBL who can assist you and will have introduced themselves before entering the room. There may be another person in the room also who represents the crown and is also entitled to ask questions.

Be absolutely sure beforehand that you have read and re-read all the paperwork that has been filed for your case as this is the information that the tribunal will base their questions on. The credibility of your appeal will be largely based on how your answers compare with what is in front of them! It is still possible to strengthen your case with examples of your lifestyle that haven`t been given before. They do want to know about you and if you are honest and calm about your condition then you have a strong chance of success.

My interview with the tribunal took 15 minutes and they immediately awarded me an increase to 15-19%. I felt vindicated and relieved that I was able to put my disabilty forward in a convincing manner.
Good luck and if you have any other questions, fire away.
By the way, there is a bazzing cafe to the left of the London Tribunal centre that serves the best bacon butties!

As well as this I wonder whether Service personnel can claim Disability Living Allowance? It's for people under 65 (over 65, Attendance Allowance which I get), has no relation to their income or whether they're working or not, and is intended to enable people to do things which otherwise they would not be able to do. What that might be is entirely their own business. For example, you could take part of it as a lump sum in order to buy a car under the Mobility Scheme. There's a basic level that everyone gets, an intermediate level for those with serious mobility problems, and a higher level for people who need help with toilet problems at night, which could if the claimant wishes be used to pay a carer.

 

[MrsMakkaPakka]

Thank you so much for your reply. Unfortunately I'm not down in London up in Lincolnshire so in Lincoln court I'm sure hubby will sniff out a caff for a butty tho. You have put me at ease now been quite worried about it. They only upped it to the 20% as they brought the depression into it nothing to do with my mobility. Did you get your decision there and then or did you have to wait to hear from them? When the atos doc came to the house he said I was walking about normal more or less jumped up off the sofa when I struggled and was holding onto walls to walk from the dining to the living room. As he had to ask questions from the form in front of him I didn't get to explain everything on how life is like on a day to day basis due to the way the questions are. I often fall due to no feeling in my leg and I've used a wheelchair in the past yet that never came up in questions. Just glad someone else has been through the same as everyone I know had it increased just with the atos doc never by going to a tribunal. I'm hoping having my hubby as a witness will help too roll on Jan 22nd now

 

[MrsMakkaPakka]

Forces personnel can claim dla hubby knows someone who does. Its a nightmare to claim it took 5 yrs for mine to be accepted and no was only back paid 3 months. Never fill the forms in yourself always get someone to do it for you as they look for specific words etc. The cab are helping me with mine next month as it's up for renewal in Feb

 

[Soon To Leave]

Mrs MP

You will probably have a better chance if you have an independent witness. IE someone that doesn't financially benefit. Good luck with your case.

 

[MrsMakkaPakka]

I understand but what your saying but my hubby has been the only one to see me at my very worst. If we had the money we would be suing the raf for neglect as I was under their care as I was under 18 when this happened and I was assaulted by another service personnel a male too. There's a long story behind it all. I have days where my left leg just doesn't work luckily hubby is very understanding and even tho our eldest is 3 she is amazing never moans I can't take her the park etc she will play drs and look after me instead. Will contact the rbl to make sure they received letters with dates etc then its a waiting game. We wouldn't go to the tribunal if we didn't think we had a case. Reading the book of paperwork I got about my case I found the atos doc wrote I was much better than I am saying I was walking around the house fine and more or less jumped off my sofa when I was struggling like mad but that sums up atos docs for ya lol

 

[The Pundit Man]

As soon as I left the room where the Tribunal was held, I was asked to wait in a side room while the 3 members considered their verdict. The RBL rep and I sat for about 15 minutes before we were called back in for the news of the case. Obviously I was utterly chuffed with the result! You will also receive a written confirmation of the Tribunals decision with in a couple of weeks.
There are occasions where the meeting can last for some time, I was well over an hour after my appointment time as the previous case had been prolonged. It really depends on how much evidence they have to look at, discuss, digest and question.
Like I said above, this is your opportunity to put your case across. No-one else can do it, so prepare yourself for questions about everything that has been recorded.
Have multiple examples of the level of quality of life that you had before compared with what you have now. These may seem simple, obvious, maybe even a wee bit crazy...but this will be your twenty minutes of fame!
Make the most of it and try to remain as calm as possible. Emotion is acceptable!

 

[MrsMakkaPakka]

That's perfect thanx for that. I was a gym nut got onto the rugby team I had a life lol I can't even go out in the cold now and the school run is even too much. There's loads more many private so won't go into it but I'm now 26 and have the life of a 90 year old I'm a shell of the person I was as I can't do anything. If the girls wanna go the park I have to be supervised when out and in can't take a bath without hubby in the house. That's my life now far from the bubbly outgoing person I was. Your advice has been fantastic thank you and even better you find out on the day I hate the waiting for weeks on end adds even more stress to it all

 

[The Pundit Man]

Good luck for the 22nd. Remember to discuss the new info with the RBL representative. They are on your side in there and need the same ammo. Stay calm..have a drink of water in the room as and when you need it. Be natural and totally honest. These tribunals happen all day all over the country and the people on the Board have massive experience in dealing with these occasions and know that you can be a nervous wreck, anxious, tongue-tied etc!!

 

[MrsMakkaPakka]

Good luck for the 22nd. Remember to discuss the new info with the RBL representative. They are on your side in there and need the same ammo. Stay calm..have a drink of water in the room as and when you need it. Be natural and totally honest. These tribunals happen all day all over the country and the people on the Board have massive experience in dealing with these occasions and know that you can be a nervous wreck, anxious, tongue-tied etc!!

Hiya sorry only just seen this hubby said there was a reply. Well tomorrow is the big day. My RBL representative called me earlier on this evening really put my mind at ease she's sounding really really positive. A huge help now i have extra evidence MRI report, been bed bound since start of dec, on a lot more meds and stronger things, had to order a wheelchair now and i have a list of new aids i have. There's discrepencies between what the atos doc wrote and my DLA levels etc too which will help the case. Im glad ive spoken to her on the phone now will help me get some kip tonight. I think there might be a few tears and i get tounge tied too. All i can say is bring it on!!! I'll update as soon as im out the court tomorrow morning with hopefully some good news