3rd tribunal for same claim!!

hi everyone, im joined here as a last resort to be honest as im completely out of ideas and my local cab office has been no help at all. il try to keep it as brief but also as clear as possible and see if anyone can offer any advice

i made a claim for dla back in march 2013, i was already in receipt of esa but in the work related group.

Just after i made the dla claim i was invited to a esa assessment at my local job center with a so called nurse, after some questions she tried to exam me and i refused the examination as she had admitted she was not an expert in my disability so i did not see how she could possibly assess me.

By the way i have fibromyalgia, chronic pain syndrome and faecal incontinence

A few months later there was no payment made for my esa and i was told it was because i had been found fit for work so this was appealed, after a couple of weeks i received a telephone call and was interviewed on the phone, a week later i was awarded esa and put in the support group.

Then i was turned down for my dla so that was then appealed which was refused so i asked for it to be heard by a tribunal
Tribunal date came which was the 3rd January 2014 and after being grilled for 20 minutes i received a letter stating i was not awarded it so i challenged the decision and it was found they erred in law

After an extremely long wait another tribunal was heard on the 3rd December 2014
Again i was grilled for 20 minutes and asked if i could walk to a wall in the room and back and then received another letter stating i was not entitled to either component.
I then contested it and they said there was no error in law so i asked for it to be referred to the upper tribunal which they refused

So i applied to the upper tribunal myself which they accepted, the upper tribunal judge stated that the statutory criteria had not been applied and that the whole hearing was a complete mess, he then stated that it should now be reheard again at a 1st tier as he believes they are capable of doing and after already going twice i can assure you they are not

so now im stuck, have never found any evidence of someone waiting 3 years and 3 tribunals for a benefits decision and i dont know what to do next

just some other background info: i have never had a atos assessment for dla
i was told if a decision for esa was overturned then that evidence cannot be used?
i applied for a blue badge and after a assessment i was awarded it instantly

any help or advice would be very very greatly recieved

many thanks
ben

Hi
Sounds like a nightmare!! Good old DWP.

I think you need to ring or write and request the appeal hearing the judge said you were entitled to.
Probably ring and ask for the from for an appeal. Do you have the written judgement yet? You should put a copy in with your rquest for an appeal.

You should also consider a formal complaint and copy in your MP. Many MPs do not know what a nightmare the DWP is so its best we educate them!!

Hi again. I have a new 1st tier tribunal date set for January : (

The upper tribunal judge has requested that a new hearing be heard in January by a 1st tier tribunal. I just need to know what evidence can they use if I never had a dla assessment and theresa was overturned

They can use any evidence already in their possession and you can submit any additional evidence you wish.
I suggest following Gordons advice above for your additional submission(s)