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DLA Tribunal refusal, set aside ?
- gordon57
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10 years 9 months ago - 10 years 9 months ago #107025 by gordon57
DLA Tribunal refusal, set aside ? was created by gordon57
I attended a tribunal hearing last week and was turned down. At the start of the hearing I was told only to use information that was current at the time I made the application, which was a full year before in June 2012.
The doctor on the panel quizzed me about walking at the hospital, when I attend appointments. I told her that I had to keep taking a rest and needed to be there a good hour before an appointment to ensure that I could walk a little then take a rest then walk some more. I explained that I was just starting to attend pulmonary rehabilitation.
The panel turned me down stating that '...he is receiving treatment and his condition should improve.' I have COPD, Asthma and Raynauds. My walking distance is very limited and I have difficulties looking after myself at home. I've been 'receiving treatment' for many years but was made aware that they meant the PR sessions.
I applied in June 2012 and was turned down, so appealed. In October I was visited at home by an ATOS doctor. In November I was awarded low rate care component. I appealed again as I need the mobility component to be able to attend hospital appointments and even to get out of the house.
I can no longer use public transport as I have a major fear of getting stuck between services and not being able to catch the connection. The nearest bus stop to home is about 50 yards away. I need to allow about 25 minutes to get there, stopping twice on the way on average. Some days I would not venture out at all as I would not make it to the bus stop.
The doctor spent an hour here, most of that time was spent writing and I later found, when i asked for a copy of his report, that the majority of his assessment was 'in your opinion' and nothing to do with the reality of my situation. I had been sat in the armchair for a good 20 minutes before he asked me to walk to the window, a distance of 2 yards. He had a very quick listen to my chest, said he would not ask me to try to touch my toes as it would make me breathless, and I went and sat down again.
It didn't help that there was conflicting information supplied by doctors and consultants. My GP report quoted spirometry test results giving me very low readings. Against this was one form the hospital with much higher readings. I have no idea why this should be, but the doctor all but dismissed the lower reading and used the hospital one.
I have read the DWP decision makers guide with regard to the definitions give about 'Unable or virtually unable to walk ', paragraph 61276 . I will not quote the full criteria here but felt that I satisfied this for the distance covered, the speed at which I walked and the length of time it took before severe discomfort was experienced.
My point is, should I ask for this decision to be set aside as the leader of the panel said I had been turned down because I was attending the PR sessions and I would 'get better'. This is incorrect and know there is no cure for COPD, I was very upset by this misinformed suggestion but could not say anything as I was waved out of the room before I could speak.
The document I was given says that I can only apply for a set aside if I feel a point of law was breached. I'm unsure.
If I cannot further appeal, what do I do now? I only have low rate care component of DLA so do I re-apply under DLA, as an existing claimant, or would a new application be under PIP ?
The doctor on the panel quizzed me about walking at the hospital, when I attend appointments. I told her that I had to keep taking a rest and needed to be there a good hour before an appointment to ensure that I could walk a little then take a rest then walk some more. I explained that I was just starting to attend pulmonary rehabilitation.
The panel turned me down stating that '...he is receiving treatment and his condition should improve.' I have COPD, Asthma and Raynauds. My walking distance is very limited and I have difficulties looking after myself at home. I've been 'receiving treatment' for many years but was made aware that they meant the PR sessions.
I applied in June 2012 and was turned down, so appealed. In October I was visited at home by an ATOS doctor. In November I was awarded low rate care component. I appealed again as I need the mobility component to be able to attend hospital appointments and even to get out of the house.
I can no longer use public transport as I have a major fear of getting stuck between services and not being able to catch the connection. The nearest bus stop to home is about 50 yards away. I need to allow about 25 minutes to get there, stopping twice on the way on average. Some days I would not venture out at all as I would not make it to the bus stop.
The doctor spent an hour here, most of that time was spent writing and I later found, when i asked for a copy of his report, that the majority of his assessment was 'in your opinion' and nothing to do with the reality of my situation. I had been sat in the armchair for a good 20 minutes before he asked me to walk to the window, a distance of 2 yards. He had a very quick listen to my chest, said he would not ask me to try to touch my toes as it would make me breathless, and I went and sat down again.
It didn't help that there was conflicting information supplied by doctors and consultants. My GP report quoted spirometry test results giving me very low readings. Against this was one form the hospital with much higher readings. I have no idea why this should be, but the doctor all but dismissed the lower reading and used the hospital one.
I have read the DWP decision makers guide with regard to the definitions give about 'Unable or virtually unable to walk ', paragraph 61276 . I will not quote the full criteria here but felt that I satisfied this for the distance covered, the speed at which I walked and the length of time it took before severe discomfort was experienced.
My point is, should I ask for this decision to be set aside as the leader of the panel said I had been turned down because I was attending the PR sessions and I would 'get better'. This is incorrect and know there is no cure for COPD, I was very upset by this misinformed suggestion but could not say anything as I was waved out of the room before I could speak.
The document I was given says that I can only apply for a set aside if I feel a point of law was breached. I'm unsure.
If I cannot further appeal, what do I do now? I only have low rate care component of DLA so do I re-apply under DLA, as an existing claimant, or would a new application be under PIP ?
Last edit: 10 years 9 months ago by Gordon.
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10 years 9 months ago #107029 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Tribunal refusal, set aside ?
Gordon
In regard the Tribunal Decision, you can only challenge this on the basis that there has been an Error of Law in the proceedings or the Decision.
What is an Error of Law?
The first stage to this is requesting a Written Statement of Reasons from the Judge.
Tribunals – Requesting a Statement of Reasons
You might want to have a look at the following fact sheet for further information
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
and you will need expert advice
Where to get advice?
You can ask to be re-assessed for DLA based on a Change of Circumstances as a result of a deterioration in your condition since the last Decision on your claim, assuming that this is the case. You will need to show that you now meet the criteria for HRM and this must be supported by medical evidence.
You can request that the Care component is not reviewed, but this will be at the discretion of the DWP.
Any request must be made before October or you will likely be re-assessed for PIP. If you do not make the request in time then both your Care and Mobility needs will be looked at under PIP.
Have a look at the DLA Claim guides, there is also a section that deals specifically with explaining your Mobility needs.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
If you have more questions, pleas reply to this post.
Gordon
In regard the Tribunal Decision, you can only challenge this on the basis that there has been an Error of Law in the proceedings or the Decision.
What is an Error of Law?
The first stage to this is requesting a Written Statement of Reasons from the Judge.
Tribunals – Requesting a Statement of Reasons
You might want to have a look at the following fact sheet for further information
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
and you will need expert advice
Where to get advice?
You can ask to be re-assessed for DLA based on a Change of Circumstances as a result of a deterioration in your condition since the last Decision on your claim, assuming that this is the case. You will need to show that you now meet the criteria for HRM and this must be supported by medical evidence.
You can request that the Care component is not reviewed, but this will be at the discretion of the DWP.
Any request must be made before October or you will likely be re-assessed for PIP. If you do not make the request in time then both your Care and Mobility needs will be looked at under PIP.
Have a look at the DLA Claim guides, there is also a section that deals specifically with explaining your Mobility needs.
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
If you have more questions, pleas reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Purly59, gordon57
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