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Re:Tribunal results 8 years 9 months ago #71728

  • pete17971
Roseleen wrote:

FINALLY received my results.... A massive and unanimous NO

I really don't know whether to laugh or cry. Totally despondant........


Hi,

Sorry to hear your disappointing news.

The only further recourse would be to take your case to the Upper Tribunal, however for this to happen the 1st Tier tribunal must have made an error in law or breach of natural justice.

You can ask the Tribunal Centre where your appeal was held that you would like to have a ‘full written decision’(incorporating the Statement of Reasons). This is a complete record of the hearing which the judge writes and has sent to you.

You must write to The Tribunals Service within one month of the hearing and to ask for a full written decision.

Asking for the full written decision, which can take anything up to three months to arrive, does not commit you to anything. But if you do not have the full written decision you are not
permitted to seek leave to appeal to the Upper Tribunal (formerly Social Security Commissioners), so it’s
worth keeping your options open by asking for a copy whilst you consider what to do.

Whilst waiting for the written decision to arrive do try to find someone (Welfare Rights/CAB etc) who can advise you on the next steps, as it involves going through the written decision to see if such an error of law has occurred.

Pete

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Re:Tribunal results 8 years 9 months ago #71732

  • michaelg
Mod edit - I have deleted my reply as this has been answered by another mod

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Last edit: by michaelg.

Re:Tribunal results 8 years 9 months ago #71733

Its worth doing what Pete suggested. You might find something useful.

I wish I had with my failed appeal.

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Re:Tribunal results 8 years 9 months ago #71745

  • Roseleen
Thanks guys... as far as I'm aware there are no grounds to take it higher, and no misuse of the law -discounting the tribunals behaviour towards me. However -I was told at the start of the tribunal that they were only interested in my condition AT THE TIME of the claim. When being questioned by the GP on the panel I gave an answer and was told "but the medical report says blah blah but you are saying different - why have you changed your story" I replied that the chairman said I was to answer based on the date of the claim -the chairman interrupted and said that recent medical reports could be taken into account but then insisted that the Doctor part of the tribunal was finished and to move on to the disability advisor. I believe I was (deliberately?)misled.

Going back to the original paperwork I was unhappy with the GP's initial report - it was done by one of the partners who I saw once four years ago who gave an account of my medical conditions but saying that I had no care needs... he never asked me - he's the sort who you just want to get away from as soon as you can... just kept doling out the pills. I paid for a private report from the GP I now see regularly - but the tribunal completely ignored it.

I wasn't aware of,or a member of this site when I made the initial claim in February -so armed with decent information and help I think its worth me starting again from scratch.

My current GP supports my claim as do other professionals - I don't see why I should give up my rights.

I've rung the DWP and requested a new pack - and will ask for a full written report from the tribunal - it may give me additional help when the new claim gets kicked out!! (Cynicism levelsare running a little high today :()

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Re:Tribunal results 8 years 9 months ago #71750

  • michaelg
Hi Roseleen

Sorry to hear your appeal failed. To qualify for DLA, you have to need help from someone else, although you don't actually have to get that help. It's not the medical or mental health condition alone that qualifies you.

Now you have decided to re-apply, you can make full use of the B&W guides, on how to claim and complete the lengthy claim forms.

Kind regards

Michael

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Last edit: by michaelg. Reason: clarity
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