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Tribunal Result

  • MistyMoo2
  • Topic Author
11 years 11 months ago #26067 by MistyMoo2
Tribunal Result was created by MistyMoo2
Just wanted to say that I found this site two weeks ago, two days before I had to face a DLA Appeal Tribunal.. wish I had found you sooner and all the brilliant advise which you give. I did win my appeal for the mobility component due to irregularities in the Atos medical report, and by going in person to show that I WAS virtually unable to walk despite the Atos medical officer's opinion. It is too soon to say if I will be paid or if the DWP will appeal the decision... if they dont it will be backdated a year.
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11 years 11 months ago #26072 by jima1
Replied by jima1 on topic Re:Tribunal Result
Hi MM,

The DWP rarely appeal a decision by a First-tier Tribunal and can only do so if the Tribunal has made an error of law, in how they reached their decision.

I wouldn't worry at this stage. Tribunals are free to accept or reject any evidence before them and it's quite common for them to prefer the evidence of the appellant at an oral appeal, rather than an often poorly written report by an Atos Medical Assessor.

See Decision making and appeals in the benefits system
by House of Commons Work and Pensions Committee.

Hope this helps.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • MistyMoo2
  • Topic Author
11 years 11 months ago #26151 by MistyMoo2
Replied by MistyMoo2 on topic Re:Tribunal Result
Had a letter in the post this morning to say that they cannot pay me any DLA because they are applying for a statement of reasons from the Tribunal Service and may appeal against the tribunal's decision. :(
  • millymoo
11 years 11 months ago #26155 by millymoo
Replied by millymoo on topic Re:Tribunal Result
Hi Mm

What a nightmare for you after all the effort and stress that has gone into this!! I will be thinking about you and keeping my fingers tightly crossed that it all goes in your favour. Please keep us informed as to how you are getting on. It is so unfair the way you are being treated and especially everything you have had to put up with.

Take care
Mm :(
  • goldensyrup
11 years 11 months ago #26418 by goldensyrup
Replied by goldensyrup on topic Re:Tribunal Result
Hello,

My DLA interim submission is still with the Tribunal. I claimed from Spain in Feb 2007 (I am English). I was turned down ue to the 26 week rule and then dependency.
I have a legal advisor Mr David R Burrage (now my representative) who has now composed and sent 3 submissions to the tribunal quoting all kinds of community and european laws. He has also told the Judge that he wants to take the DWP to the European Court of Justice due to their handling of my DLA claim and all MY evidence that they have tried to cover up within their 400 page submission as they have "perveted the course of justice". He is very good and is giving them a hard time. The DWP know him very well as he is not afraid to say what he thinks. He has even offered to attend the hearing as I can not go myself. I did request a paper hearing but the DWP want a oral hearing and wish to be present, so Mr Burrage will attend on my behalf because I can not travel myself. I have been messed around now for over 3 1/2 years by the DWP and hopefully a conclusion will come soon. I was told by the DLA helpline that all Exportability claims were on hold awaiting a decision from the ECJ for a test case to be heard, but this test case is regarding "mobility componant", which has nothing to do with my case as I have not applied for the mobility part of DLA. So there is no further excuses not to have a date fixed for an (oral) hearing. So I am just waiting for a date and hope I don´t have to wait much longer. If (and Mr Burrage is 100% sure I will( win then my DLA will be backdated for Feb 2007. Please check his name on Google and let me know what you think of his qualifications.
  • jacqui Butterworth
11 years 11 months ago #26430 by jacqui Butterworth
Replied by jacqui Butterworth on topic Re:Tribunal Result
The b.....d's. What does 'a statement of reason ' mean?
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