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TOPIC: DLA with ESA medical...

Re:DLA with ESA medical... 8 years 8 months ago #44923

Although it would be too late now, from what you have said, I think you would have had grounds to appeal to the Upper Tribunal on the basis that the hearing was unfair and therefore your natural justice had been breached.

While tribunals are entitled to direct questions towards the appellant, they must allow your representative to speak and argue your case, and also allow any witness you have to give evidence.

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Re:DLA with ESA medical... 8 years 8 months ago #44928

I know, we just couldnt get anyone to actually send us a copy of the appeal notes - despite following up the request at least twice more. What scares me though is that I am so obviously disabled, I have full time care - but even when I see tribunal I am rejected?!?! I have given consultant proof, test results and have full backing of GP... It scares me.

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Re:DLA with ESA medical... 8 years 8 months ago #44931

When you say 'appeal notes' are you referring to the Statement of Reasons?

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Re:DLA with ESA medical... 8 years 8 months ago #44937

  • originaldave
maybelle wrote:

Hi Dave. For Benefit purposes, Atos tend to class Co-codamol as the 8mg codeine phosphate tab - which infers that the pain is not bad. So in that sense then yes - the examining doctor know exactly what she was inferring and I do believe this was her motive - especially when she then wrote 'for moderate pain'. The doctor should have used the name Zapain - which would have informed them that the meds were for 'severe pain'. I cannot take more than 8 over 24 hours - although sometimes, to be honest, I could really do with more...


I think its better not to use names stick to facts say what the drug is and use full names and amounts in mg and what you take it for

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Re:DLA with ESA medical... 8 years 8 months ago #44940

DepressedDerek wrote:

When you say 'appeal notes' are you referring to the Statement of Reasons?


Can't remember all 'words' at this time (short term memory probs)but I believe that the advisor lodged his request as soon as we got the letter (they would not give their decision to us on day, but put in post about 20mins after we left)for the tribunal panels notes and reasons for decision as they had made an error (point of law). The reasons they gave were just that I "Did not meet requirements for either component" which is so obviously not true. As my husband has said - if I am not ill then I am making fool of consultants and GP and him and family and friends... He has also said to them "what would happen..." if he left me? If he wheeled me into a dwp / jcp office, dropped my meds on a counter and said "she's all yours... See ya"???
We're both a bit beaten by it right now, so I'm switching off now. Thanks to all who have replied... xx

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