dla appeal result

my appeal hearing was cancelled on the day,to allow me time to see the welfare rights officer,as he dad been to busy to see me,they also said a doctor would visit me for a report.the doctors report was favourable to me and the dwp wrote to the tribunal,and said they agreed to give me higher rate mobility and lower rate care,but did not agree with the highter rate care i had applied for.i had had a meeting with the wefare rights officer,he advised me to go for the middle rate care even thought i told him i was satisfied with the offer made.he wrote to the tribunal telling them i had never asked for the highter rate,and he also told me the dwp could not go back on what they had said that i was entitled to. guess what i turned like a bag of nerves with a rude judge and lost everthing to say i am gutted does not explain how i feel,over a year of my life gone. the welfare rights man was very nice and had 30 years experiance,but he did not seem to know the rules in the end,and why send a doctor round to my house when his report counts with the dwp,but not with the tribunal. jaide1

jaide1 wrote:

my appeal hearing was cancelled on the day,to allow me time to see the welfare rights officer,as he dad been to busy to see me,they also said a doctor would visit me for a report.the doctors report was favourable to me and the dwp wrote to the tribunal,and said they agreed to give me higher rate mobility and lower rate care,but did not agree with the highter rate care i had applied for.i had had a meeting with the wefare rights officer,he advised me to go for the middle rate care even thought i told him i was satisfied with the offer made.he wrote to the tribunal telling them i had never asked for the highter rate,and he also told me the dwp could not go back on what they had said that i was entitled to. guess what i turned like a bag of nerves with a rude judge and lost everthing to say i am gutted does not explain how i feel,over a year of my life gone. the welfare rights man was very nice and had 30 years experiance,but he did not seem to know the rules in the end,and why send a doctor round to my house when his report counts with the dwp,but not with the tribunal. jaide1

Hi j1,

The situation that you have found yourself in sounds rather complicated.

It would seem that you are saying that the DWP had agreed to give you HR Mobility and LR Care of DLA, as a result of a "Doctors" report, which was instigated by the Tribunal.

However, even though you were happy to accept this award, your WRO advised you to carry on with the appeal and go for MR Care, which resulted in The Tribunal giving you no award of DLA at all ???

I do know that if the Tribunal are considering reducing or taking away the existing award that you are appealing, they are supposed to inform you, and give you the opportunity to withdraw your appeal.

However, if you were appealing no award at all, then this would not be relevant.

I would advise you to contact the line manager of the WRO that represented you if you feel that you have been the victim of poor advice.

Further, you should request a written Statement of Reasons for the decision from the Tribunal, this must be done within one month.

You may also have cause for appeal to the Upper Tier, if an Error of Law has taken place, or the decision could be set aside.

You need further professional advice on this.

See :

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

Where to get advice?

If you feel that the Tribunal Judge was unduly rude you could make a complaint, see :

Complaining to the Tribunal Service

You also have the option to make a fresh claim for DLA if you wish, as there is no time limit for this, after the Tribunal have decided that you have no entitlement to DLA.

I am sure one of the other MODS will give further input if they can.

Hope this helps.

bro58