Am I too late for a tribunal

Hi,

I used to get high rate mobility and and medium rate care component for DLA. This was awarded indefinitely as this being genetic, I will never get better. I will continue to deteriorate. I suffer from a form of CMT (caused by a rare NEFL mutation). I made an application to change from DLA to PIP and had to go to Coventry for a face to face. After I enquired, the person conducting the interview said that she was an nurse. No medical examinations took place apart from some very basic general ability tests such as balancing on one leg. They also actually spy on me making my way to the toilet and back with their CCTV, which I was annoyed about.

After a month or so, I had a reply and it was found that I did not qualify for any mobility component whatsoever, which I am finding difficult to believe, and still do. However, I do currently get the equivalent of medium rate care component, though.

I wasn't happy with this though and I requested that they look art my application again and at the beginning of August, I received a reply but they have maintained their previous decision.
I also discovered that they have not consulted any of my medical records either at my GP's surgery or at my neurologist in London. I did question this amongst other things when I asked for them to reconsider and I did not receive any replies to any of my questions or points.

The big problem for me is that I was finding things very difficult emotionally. I had just got a new job after being made redundant earlier and then I have go refused any mobility for PIP. I have found that I have had to visit my GP and I am currently having to take Citalopram for depression and anxiety.
I also was not aware that I had a month to apply for a tribunal and this was not pointed out on the rejection letter. This has further sent me over the edge and I am only just beginning to feel that I could cope with being able to apply for the tribunal however I still feel that it maybe too late despite not being well enough to deal with it.
I live on my own and so I have nobody to help me and I wonder if anyone out there could give me some advice.
There is so much more that I could say about my condition and circumstances but I thought it would be best to keep things brief, initially.

Regards David

Thanks for your reply, Gordon, I'll have a look at the guides you have suggested.
Two major problems I have is pain and balance. I have pain most of the time but this does not appear to count towards the award. Also my balance is quite shocking and sometimes dangerous to my health and I have to be extremely careful. In some cases I cannot or will not do things because of the risk of injury, even with the use of a stick.
How can these factors not be taken into account by DWP?

Hi David,

This is where you need to make good use of the 'reliability' criteria

• Safely – in a fashion that is unlikely to cause harm to themselves or to another person.
• To a necessary and appropriate standard – given the nature of the activity.
• Repeatedly – as often as is reasonably required.
• In a timely manner – in a reasonable time period.