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- Gordon
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10 years 1 month ago #119034 by Gordon
Sorry, I should have checked back on your previous posts.
This being the case then I think there is a good chance that the hearing will be adjourned for a new assessment to be done or for a copy or your medical records to be produced, my comments about you needing to show that you meet the criteria still stand.
Gordon
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Replied by Gordon on topic Appeal
foreverfoggy wrote: Hi Gordon, Firstly the appeal is for DLA. The atos report had contradictions and medical inaccuracies. so many that it would be difficult for me to list everything. I did however, list them all in reply to this report and this is included in the 'pack' the Atos letter says
'The customer relations medical advisor has identified deficiences with the report on this occasion. He explains that as recorded. Dr ### has not explained or justified his opinions within the report and has not sufficiently explored or investigated in enough detail, the full effects of ###### conditions'
It goes on to say that they have informed the DWP and it is up to them if they feel this has inpacted on there decision.
Sorry, I should have checked back on your previous posts.
This being the case then I think there is a good chance that the hearing will be adjourned for a new assessment to be done or for a copy or your medical records to be produced, my comments about you needing to show that you meet the criteria still stand.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- foreverfoggy
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10 years 1 month ago - 10 years 1 month ago #119035 by foreverfoggy
Replied by foreverfoggy on topic Appeal
So if she were to lose, am I right in thinking she can still take this further?
Last edit: 10 years 1 month ago by Gordon.
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10 years 1 month ago #119037 by Gordon
You would need to show that there had been an Error of Law, basing their Decision on an invalidated report would likely count as such an Error and would allow you to appeal to the Upper Tier Tribunal to have the Decision Set Aside.
What is an Error of Law?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal
foreverfoggy wrote: So if she were to lose, am I right in thinking she can still take this further?
You would need to show that there had been an Error of Law, basing their Decision on an invalidated report would likely count as such an Error and would allow you to appeal to the Upper Tier Tribunal to have the Decision Set Aside.
What is an Error of Law?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: foreverfoggy
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- foreverfoggy
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10 years 1 month ago #119039 by foreverfoggy
Replied by foreverfoggy on topic Appeal
Thank you I will let you know how it goes. 
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- Puccalove
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10 years 1 month ago #119043 by Puccalove
Replied by Puccalove on topic Appeal
Just to add if she is already on DLA and you are disputing the level there is clearly a small risk involved in appealing. However if there is a likelihood of the benefit being reduced or removed the tribunal should warn you of this and give you the chance to withdraw. If they did not this could be considered an error in law. Obviously if your daughter has been refused DLA then she has nothing to lose.
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- foreverfoggy
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10 years 1 month ago - 10 years 1 month ago #119051 by foreverfoggy
Replied by foreverfoggy on topic Appeal
Thank you. She is not already on DLA. I am not sure if we have enough medical evidence as I sent a report in at the same time as the atos report and I don't know if that will be enough. Should I mention at the start (if it goes ahead) about the atos report being discredited or shall I assume they have taken it into consideration?
Last edit: 10 years 1 month ago by Gordon.
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