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dla tribunal
- henry 1
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10 years 10 months ago - 10 years 10 months ago #105708 by henry 1
dla tribunal was created by henry 1
hi i have friend who has no internet and is soon to be going to a DLA tribunal, they were originally on the high rate mobility and middle rate care after filling out the DLA renewal they were awarded neither mobility or care after a reconsideration they were given low rate care and no mobility all this has come from what was written and no medical, they come to assumptions about care and mobility, how is this to be challenged at the tribunal with out having a medical before hand? thanks in advance
Last edit: 10 years 10 months ago by .
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10 years 10 months ago #105712 by
Hi h1,
Has your friend received the "evidence pack" yet ?
If so that should include all evidence used by The DLA Decision Maker in coming to their decision.
If not, then your friend can request all documentation used in coming to the decision :
DLA Medical – What forms to ask for?
Even though your friend did not have a "Medical", The DWP may have sent a DLA G.P. Factual Report (GPFR) to his G.P.
You could confirm whether this has been the case by making enquiries at his G.P. practice.
See :
www.dwp.gov.uk/docs/dla-aa-1pp-factual.pdf
www.dwp.gov.uk/docs/dla-aa-6pp-factual.pdf
www.dwp.gov.uk/docs/medical-reports-completion.pdf
He has a right to know what evidence was used to reduce the DLA award.
He can request the above by issuing a SAR :
SAR Form Download
From this page :
DWP Data Protection Policy
There is also a DLA Appeals Guide on this page :
DLA Guides
These documents may also help ;
DM Guide DLA & AA
DRUK DLA & AA
&
Disability Rights UK Factsheet - Appeals and reconsiderations
bro58
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henry 1 wrote: hi i have friend who has no internet and is soon to be going to a DLA tribunal, they were originally on the high rate mobility and middle rate care after filling out the DLA renewal they were awarded neither mobility or care after a reconsideration they were given low rate care and no mobility all this has come from what was written and no medical, they come to assumptions about care and mobility, how is this to be challenged at the tribunal with out having a medical before hand? thanks in advance
Hi h1,
Has your friend received the "evidence pack" yet ?
If so that should include all evidence used by The DLA Decision Maker in coming to their decision.
If not, then your friend can request all documentation used in coming to the decision :
DLA Medical – What forms to ask for?
Even though your friend did not have a "Medical", The DWP may have sent a DLA G.P. Factual Report (GPFR) to his G.P.
You could confirm whether this has been the case by making enquiries at his G.P. practice.
See :
www.dwp.gov.uk/docs/dla-aa-1pp-factual.pdf
www.dwp.gov.uk/docs/dla-aa-6pp-factual.pdf
www.dwp.gov.uk/docs/medical-reports-completion.pdf
He has a right to know what evidence was used to reduce the DLA award.
He can request the above by issuing a SAR :
SAR Form Download
From this page :
DWP Data Protection Policy
There is also a DLA Appeals Guide on this page :
DLA Guides
These documents may also help ;
DM Guide DLA & AA
DRUK DLA & AA
&
Disability Rights UK Factsheet - Appeals and reconsiderations
bro58
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- henry 1
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10 years 10 months ago - 10 years 10 months ago #105717 by henry 1
Replied by henry 1 on topic dla tribunal
hi thanks for getting back to me, my friend has got the evidence pack and a copy of their GP report, the GP report favours my friend, however the decision maker seems to have come up with their own walking limits and care needs not taking into account what my friend and their doctor has put, is it also normal for the decision maker to contradict them selves in different parts of the evidence pack? thanks.
Last edit: 10 years 10 months ago by Gordon.
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10 years 10 months ago - 10 years 10 months ago #105724 by Gordon
It is not unusual for claimants to be unable to discern the logic behind a DWP Decision forESA, DLA, although it certainly should be.
All your friend can do is point out where there are inconsistencies in the Decision Makers deliberations, however, a Tribunal panel will look at their claim from scratch, so they should not concentrate on refuting the ATOS and Decision Makers notes to the exclusion of ensuring that they show that they meet the criteria forESA DLA, as ultimately, it will be this that the Decision is based upon.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dla tribunal
henry 1 wrote: hi thanks for getting back to me, my friend has got the evidence pack and a copy of their GP report, the GP report favours my friend, however the decision maker seems to have come up with their own walking limits and care needs not taking into account what my friend and their doctor has put, is it also normal for the decision maker to contradict them selves in different parts of the evidence pack? thanks.
It is not unusual for claimants to be unable to discern the logic behind a DWP Decision for
All your friend can do is point out where there are inconsistencies in the Decision Makers deliberations, however, a Tribunal panel will look at their claim from scratch, so they should not concentrate on refuting the ATOS and Decision Makers notes to the exclusion of ensuring that they show that they meet the criteria for
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 10 months ago by . Reason: Altered ESA to DLA in first para.
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- henry 1
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10 years 9 months ago - 10 years 9 months ago #106945 by henry 1
Replied by henry 1 on topic dla tribunal
hi just a update my friend lost there tribunal, unfortunately for personal reasons i couldn't go with them but from what my friend has said it was a terrible experience, there was my friend and 4 people in the room the judge, doctor, dwp representative and person to support disabled people?? a couple of questions is it ok for the dwp representative to ask questions at the tribunal? i thought they could only present the case to the tribunal, also how do i apply for a statement of reasons, and also what is a error in law ie is it where the doctor completely disregards a doctors statement and specific condition because they don't take xyz treatment even if the condition has been confirmed, thanks in advance
Last edit: 10 years 9 months ago by Gordon.
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10 years 9 months ago #106946 by Gordon
I am sorry to hear that your friend's appeal was not successful.
As far as I am aware, unless the Judge has a problem with what is being asked, there is no reason why the DWP Presenting Officer would not be allowed to talk to the claimant, however, this does not mean that they can interrogate them.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic dla tribunal
henry 1 wrote: hi just a update my friend lost there tribunal, unfortunately for personal reasons i couldn't go with them but from what my friend has said it was a terrible experience, there was my friend and 4 people in the room the judge, doctor, dwp representative and person to support disabled people?? a couple of questions is it ok for the dwp representative to ask questions at the tribunal? i thought they could only present the case to the tribunal, also how do i apply for a statement of reasons, and also what is a error in law ie is it where the doctor completely disregards a doctors statement and specific condition because they don't take xyz treatment even if the condition has been confirmed, thanks in advance
I am sorry to hear that your friend's appeal was not successful.
As far as I am aware, unless the Judge has a problem with what is being asked, there is no reason why the DWP Presenting Officer would not be allowed to talk to the claimant, however, this does not mean that they can interrogate them.
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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