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TOPIC: Appeal unanimously refused

Appeal unanimously refused 8 years 8 months ago #54883

  • blowingbubbles45
Original DLA application July 2009, Had tribunal appeal early Jan this year, appeal unanimously refused. I asked for statement of reason and now have 2 days to decide whether to ask for upper tribunal or reapply. Does anyone have experience of upper tribunal route and chances of success. Part of me wants to fight the injustice and bold inaccuracies and conclusions they have drawn, but part of me feels too poorly.

This has been probably one of the worse experiences of my life and I feel I will never get over being disbelieved by the panel, I cry day and night and feel physically sick all the time. My case was so strong but I feel I have been the victim of admin errors from start to finish, which panel and decision makers have chosen to reach a decision by. Original form went to GP I have never even seen and he ticked not known to all questions, this was superceded by a report from my regular GP who has known me and seen me deteriorate over the years but they dismissed that report in favour of someone who has never laid eyes on me. I even had an up to date social services care plan recognising ongoing care which they ignored, the fact drugs I take regularly were not detailed on repeat prescription but I get them regularly by request, in fact my chemist requests them and delivers when I phone. The doctor just did not seem to believe this was possible. The fact I have a small old rescue dog seemed one of their main reasons for saying no. It would be verified by the large reputable rescue centre I asked for an older dog with low energy levels. I place her lightweight bowls with my grabber stick I cannot walk her, but have a large garden, and never need to pick up after her as she always backs into shrubbery and up to fence line in borders, but they made a big thing of this although I answered honestly on the day, they still cited it as a reason for saying no. The ATOS doctor's report which they said was "persuasive" and believed over my OT, Social Worker GP and a number of other healthcare professionals who sent letters of support, also stated I could walk 800 metres, in reality I can manage about 50 slowly often with much pain, he also said I could climb stairs. Now he saw me walk a few yards with difficulty on the level in my small bungalow which I moved into after selling a house I loved because I couldn't manage the stairs. I have had to avoid stairs for a number of years and have long standing special arrangements with dentist, optician, mental health clinic, etc all of which could be verified. Would you fight, give up or start again ?

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Re:Appeal unanimously refused 8 years 8 months ago #54887

blowingbubbles

It sounds like you have had an awful time with this appeal, unfortunately, you can only apply to the Upper Tribunal if you believe there has been an error or process or law.

Furthermore, to make such an appeal you will need the assistance of an advisor with experience of these procedures, unlike the lower Tribunal, it is not something that can be done alone.

Gordon

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

Re:Appeal unanimously refused 8 years 8 months ago #54889

  • bro58
Blowingbubbles, I think the problem here is that the tribunal only takes into account your condition at the time of the original decision, so this errant GP report has done for you.

Have you queried why he answered Not Known, if he had access to your medical files.

Gordon is correct, re Upper Tier, get advice, maybe it would be easier to start again.

Why do you say, that you only have two days left to appeal to Upper Tier.

bro58

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Re:Appeal unanimously refused 8 years 8 months ago #54890

  • blowingbubbles45
Thanks Gordon, what would some examples be of an Error of Law ?

The day was truly awful, their questions went in directions which didn't result in a picture of the difficulties I have which have been recognised by so many professionsals.

I am embarrassed to admit I place papers on the floor as I often soil the floor on the way to the toilet. This is fact. Now because my OT lady and the social worker who visited me many times, plus the ASOS doctor did not refer directly to these in their reports although on each occasion they were there, the panel conclude they must have "noticed no evidence of same". How can that be fair ? They were obvious and are there but I am penalised and disbelieved because thery weren't mentioned

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Re:Appeal unanimously refused 8 years 8 months ago #54895

blowingbubbles45 wrote:

Thanks Gordon, what would some examples be of an Error of Law ?

I'm not qualified to say, which is my point regarding your needing a properly trained advisor to persue this.

Even if you choose to do so, you cannot guarantee that the appeal will be heard, as technically you asking for permission to appeal, and it is only after this has been granted that an appeal will be scheduled.

I can't advise whether you should do this or not, but there is no reason why you could not make a fresh claim and appeal at the same time.

Gordon

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

Re:Appeal unanimously refused 8 years 8 months ago #54896

Hi BB45

I'm afraid it's not possible for anyone to advise you without looking at the statement of reasons and the full case papers. As already mentioned you need face-to-face advice.

If you want to know what errors of law are, please see Jim's post here .

You didn't say why you only have two days to apply but you should have one calender month from the date the statement of reasons was sent, to apply for permission to appeal to the Upper Tribunal.

Good luck

Derek

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Moderators: bro58GordonGaryBIS