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Error in law

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8 years 1 month ago #154758 by jayjaybal
Replied by jayjaybal on topic Error in law
He probably had the tumour for approx 10 years before he was diagnosed, he just thought he was unfit. Once he was diagnosed and tested he had zero readings for most hormones including testosterone, thyroid, etc. His muscles and joints feel like he has done an extreme workout at the gym, They burn, tingle and go numb. It's physically impossible to carry on the pain is so bad, just using a fork to have his tea, he has to stop and shake his hand out. He has sleep apnoea which is contraindicated for testosterone replacement so it's gotten worse.

The reason he doesn't want to go out is because he cannot cope with talking to people most of the time, he has panic and anxiety attacks which cause severe gastric distress and he loses control of his bowels. He is taking 3 different antidepressant medications and is waiting to see a counsellor. He's very depressed/anxious but they didn't consider him for special needs because they would have had to question him further about why he doesn't go out. He lives with me and my hubby but spends 75% of the time in his room and frequently won't answer us if we call him to see if he wants to eat. He sleeps during the day and has his meals during the night when we're asleep to avoid contact with us.

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8 years 1 month ago #154794 by Gordon
Replied by Gordon on topic Error in law
julesbal

These are exactly the things that you should be drawing to the attention of the appeal panel.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 1 month ago #154802 by jayjaybal
Replied by jayjaybal on topic Error in law
Thanks Gordon. :)

I'm just a bit anxious, the last tribunal I attended was my own DLA and they were horrible to me. Not just direct or thorough as I expected but really nasty. I was awarded nothing. Luckily the female judge presiding couldn't keep her spiteful attitude out of the SOR and I appealed to the UTT after the FTT said I couldn't and won. The UTT made the award so I didn't have to go back to FTT.

I'm 0/2 at FTT but 2/2 at UTT.

Does anyone know whether FTT can be audio recorded? With permission of course. My brother and I both have cognitive issues so it would be really helpful. I'm going to put it in writing to the Tribunal service and see what happens but just wondered if anyone knew?

Thanks.

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8 years 1 month ago #154810 by Gordon
Replied by Gordon on topic Error in law
julesbal

You can ask but I would not expect permission to be given unless the claimant would be unable to understand a written report of the proceedings.

Gordon

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8 years 1 month ago #154925 by jayjaybal
Replied by jayjaybal on topic Error in law
Does anyone know what would happen if DWP did not have a response to the appeal submission? Cheers.

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8 years 1 month ago #154982 by Gordon
Replied by Gordon on topic Error in law

julesbal wrote: Does anyone know what would happen if DWP did not have a response to the appeal submission? Cheers.


I seem to remember that this happened to one member, the Judge can decide to go ahead with hearing without the DWP submission, it will change the nature of the hearing to some extent, but you would still need to show that you meet the criteria for the award that you want.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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