Lost my Appeal to Tribunal

In went to the tribunal on Monday at xxxxx and was awarded 9 points for not being able to use a keyboard or mouse but got no points for not being able to write with a pen or a pencil which comes under the same category. Also ATOS said I had no muscle wastage which when I obtained my x-ray showed there was significant wastage. Unfortunately I could not get my records to send to them before the hearing. I spoke to them on the Friday before saying I had medical records and they told me to come early and present them to the clerk. I did not see her until the time of the hearing after being there over 30 minutes. They did not refer to them and the doctor present didn't say a word. I can't understand this points system. Don't know what to do now.


Mod edit - location of tribunal removed to prevent possibility of being identified.

pete17971
moderating team

sidarigirl wrote:

In went to the tribunal on Monday at xxxxx and was awarded 9 points for not being able to use a keyboard or mouse but got no points for not being able to write with a pen or a pencil which comes under the same category. Also ATOS said I had no muscle wastage which when I obtained my x-ray showed there was significant wastage. Unfortunately I could not get my records to send to them before the hearing. I spoke to them on the Friday before saying I had medical records and they told me to come early and present them to the clerk. I did not see her until the time of the hearing after being there over 30 minutes. They did not refer to them and the doctor present didn't say a word. I can't understand this points system. Don't know what to do now.


Mod edit - location of tribunal removed to prevent possibility of being identified.

pete17971
moderating team

Hi,

The only way forward from an unsuccessful tribunal appeal is to take ones case to the Upper Tier Tribunal. However this can only happen if an 'error in law has occurred at the 1st tier tribunal. You cannot take a case to the Upper Tier just because you disagree with the result.

However see here for what maybe classed as an error in law:

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=18#72205

It maybe an idea to write to the tribunal centre and ask for the 'Statement of Reasons' ie how the panel came to their decision. One this has been received, going through it with a welfare rights adviser/cab may possibly identify any errors in law.

If there are errors potentially the original tribunal can be set aside, and a new 1st tier tribunal convened.

Failing that, if six months have passed since your refusal by the DWP, or you have developed further conditions, it maybe possible to put in a new claim for esa.

Pete

I understand that now but why could they not take into account muscle wastage which they were told I did not have but was in the medical evidence I submitted and they didn't bother to look at. What descriptor does that come under? Many thanks