How to obtain a statement of reasons

How to I go about requesting a statement of reasons for a failed DLA appeal ?

I had a pretty miserable appeal hearing last week, the doctor at the appeal dismissed two of my conditions saying the symptoms were not relevant to the condition I had stated, even though just about every NHS website, NHS leaflet and other reliable medical media states otherwise.

For example : We all know flu gives you ache's and pains, but if you could claim DLA for flu, the Doctor at the appeal would maintain aches and pains are not a symptom of flu. ( That's what I was up against ).

One minute she didn't want to know how things effect me now ( my application was other two years ago ) then she did.

The appeal panels inconsistencies were very concerning. Many major issues were not mentioned and I was hardly allowed to fully explain my needs without being talked over. My medical evidence is incredibly supportive - even the EMP's report in part agrees with my three consultants, GP, OT and therapist.

I've attended a few appeals ( both my own and that of friends ) and this was more like an appeal in front of ATOS.



The questioning was very aggressive, for example : "You don't have a problem walking do you ?, your condition would not effect your ability to walk "

Hi Doris,

I'm sorry you had such a rotten time at your hearing.

details of how to begin the process of appealing to the upper tribunal are at the end of the DLA appeals guide, before the section on getting help.

Good luck,

Steve

Write to the clerk to the tribunal quoting the relevant references and ask for a full statement of reasons. You could also include a copy of the decision notice.

I would recommend that any correspondence is sent by recorded delivery to ensure that it has been received, and that your request is receiving attention.

Steve Donnison wrote:

details of how to begin the process of appealing to the upper tribunal are at the end of the DLA appeals guide, before the section on getting help.

Good luck,

Steve

Many thanks Steve. Would I be right in thinking that firstly I write to the TS and ask for the Statement of Reasons and then I have one month from receiving the statement of reasons to ask the Tribunal Judge to refer it to the upper tribunal ?

Please see this link for more information:-

Appealing to the Administrative Appeals Chamber of the Upper Tribunal in England and Wales

Page 5 gives a detailed explanation of the procedure for an UT appeal.

Many thanks for the info.

One last question. Can I submit a fresh DLA claim in the meantime ?