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DLA Tribunal
- Nysnanna
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7 years 5 months ago #172819 by Nysnanna
DLA Tribunal was created by Nysnanna
Attended DLA tribunal two weeks ago for my 14 year old granddaughter. Had previously been on high rate care and low rate mobility, even after mandatory reconsideration was awarded nothing. The tribunal was horrendous, the doctor was awful, questioning parenting rather than look at her needs. She self harms regularly and is under CAMHS, when we said she doesn't sleep she stating that we should take away her TV and phone etc, she has Attention Deficit Disorder and mood dysregulation disorder.
After this she was awarded low rate care only.
Paperwork arrived and this stated that the appeal had been declined but went on to say that she had been awarded low ratge care. DWP have been in touch and have siad that they can see she has been awarded low rate care from March 2016 until March 2018 but they can't
award it her or give back pay because the judge has also stated that the appeal has been declined.
Apparently this now has to go back to the original judge to be sorted out. WE are thinking of appealing to the Upper Tribunal but are unsure of how to go about this, also can we do anything about the error that has been made on the paperwork. DWP have said that it should be awarded eventually but it is unlikely to be this side of Christmas.
Any advice will be welcomed.
Thank you in advance
After this she was awarded low rate care only.
Paperwork arrived and this stated that the appeal had been declined but went on to say that she had been awarded low ratge care. DWP have been in touch and have siad that they can see she has been awarded low rate care from March 2016 until March 2018 but they can't
award it her or give back pay because the judge has also stated that the appeal has been declined.
Apparently this now has to go back to the original judge to be sorted out. WE are thinking of appealing to the Upper Tribunal but are unsure of how to go about this, also can we do anything about the error that has been made on the paperwork. DWP have said that it should be awarded eventually but it is unlikely to be this side of Christmas.
Any advice will be welcomed.
Thank you in advance
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- Gordon
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7 years 5 months ago #172820 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA Tribunal
Nysnanna
It usually takes the DWP 5-8 week to put a Tribunal award into payment so with the delay in having the Decision Notice corrected I am afraid it could easily be Christmas before it is sorted out.
You can only appeal to the Upper Tier Tribunal on the basis of an Error of Law, not because you disagree with the Decision they have made. The first stage is for you to request a copy of the Statement of Reasons from the Judge who heard you appeal. See
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Gordon
It usually takes the DWP 5-8 week to put a Tribunal award into payment so with the delay in having the Decision Notice corrected I am afraid it could easily be Christmas before it is sorted out.
You can only appeal to the Upper Tier Tribunal on the basis of an Error of Law, not because you disagree with the Decision they have made. The first stage is for you to request a copy of the Statement of Reasons from the Judge who heard you appeal. See
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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