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TOPIC: DLA Appeal on Monday

Re: DLA Appeal on Monday 7 years 2 weeks ago #13101

Hi Margaret,

Congratulations on winning your appeal, but what an unpleasant experience.

It is entirely possible and appropriate to complain about the behaviour of a tribunal judge.

At least if you do so you'll have grounds for refusing to appear before him if you ever have to attend another hearing.

Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re: DLA Appeal on Monday 7 years 2 weeks ago #13104

Thanks Steve, I was not aware of this.

Indeed, I will make a formal complaint so at least I'll not have to encounter the 21st Century Witch Finder General at a later date.

Who the hell do these folks think they are?
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Re: DLA Appeal on Monday 7 years 2 weeks ago #13107

margaret g wrote:
Well, I’ve won my DLA (LRM)appeal today after being treated like an imbecilic and scrounging poor person by a twit of a power crazed pseudo-‘judge’. My WRO said that it was indeed a “horrible tribunal”.
My IB PCA (mental health) medical was referred to throughout and here we began with the first mistake where the Atos Doc had me down as having alcohol misuse issues who drinks 50 units a week.(!?) Smelt of alcohol but was sober. (!?) In fact, I said that I did drink alcohol occasionally in a social setting but there was no issue with it and that I did not drink before 12MD (this last bit was correctly documented). Now super sleuth points out that I only had 11 points and to deduct the 2 alcoholic points would take me below the qualifying threshold. My WRO is unsure where he got the 11 points from as it is not stated anywhere on the bundle of papers. I’m sure that I was awarded 15 (or more) but I cannot find my letter.
Any way there are a couple of other mistakes i.e. I watch television occasionally which is untrue as I have not watched the TV for years as I find it depressing and I can’t concentrate anyway. And there were a few other errors in my favour. This would take me up to 10 or above.
My WRO doesn’t think that they could at a DLA tribunal start deducting points from an IB PCA without the whole thing being looked at again but needless to say I am very worried. I can’t take much more of this witch hunt.
However I did get to say “GOOD GRIEF I feel as though I am on trial here!” whereby he backed down somewhat and stopped his patronizing attempt to humiliate me while I sat there in tears. What a BULLY!

Thank you for this site and its information, which has kept me a bit sane the last couple of months while I prepared for the hearing.

I am surprised at what you have said because this tribunal was not deciding an IB claim/appeal.

As the tribunal had no jurisdiction to make any observations on the status of your IB entitlement as it was not under appeal, they had gone beyond their remit both procedurally and legally. It is well established principle that a tribunal can if they so wish, consider any issues that are not raised in the appeal, but not when it concerns an entirely different benefit as in your case.

Hopefully there will be no repercussions with your IB entitlement, but the tribunal are not allowed under any circumstances to interfere with a benefit not under appeal. Moreover, the tribunal are certainly not permitted to make any representations to the DWP about any doubts they may have over your IB entitlement, based on their analysis of a PCA medical report.

As you intend to make a formal complaint, I assume to the Regional Tribunal Judge for your area, you may wish to bring this matter to his/her attention together with the issue of the unacceptable and offensive conduct of the FT Tribunal Judge.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re: DLA Appeal on Monday 7 years 2 weeks ago #13116

Thanks CD that's helpful. My WRO said that she had never experienced this before.
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