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Lost High Mob low care at tribunal

  • bilbo36uk
  • Topic Author
12 years 8 months ago #63447 by bilbo36uk
Lost High Mob low care at tribunal was created by bilbo36uk
I have had a roller coaster claims process. My appeal to the decision makers standard flat NO was adjourned no less than 4 times I finally make it to the tribunal and I have to face questions on every aspect of my claim and life lasting 75 minutes.

The decision came through the post this morning...nothing you are entitled to nothing.

this seems odd as I have to walk if you can call the slow shuffle that I can manage as walking.

I have to self catheterize and frequently wet myself as my MS has mucked up all signals to everything below the waist.

Add into this mix the fact that I have almost lost the sight in my right eye and can't lift pans, chop veggies or be trusted to carry anything because I drop it or fall over.

So you can imagine my confusion, anger and down right consternation at the whole thing.

really don't know whether I have any fight left in me to go to UT tribunal let alone the finances to do so.....

HELP!!!!

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12 years 8 months ago #63466 by Gordon
Replied by Gordon on topic Re:Lost High Mob low care at tribunal
Bilbo

I'm sorry to hear your news, even with the best will, sometimes things don't work out as they should.

You can catch a breath before making a decision on a further appeal, by requesting a Statement of Reasons from the Tribunal judge.

You will need this document to be able to decide whether there has been an error of law or procedure, and the four weeks to lodge an appeal do not start until the SOR is received, which usually takes 6-8 weeks.

If you do decide to appeal, you are going to need help from an adviser with experience of appealing to the UT, this is not something the individual should consider doing on their own.

You are also entitled to lodge a new claim for DLA which can run in parallel to any appeal.

Hope this helps.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 8 months ago - 12 years 8 months ago #63468 by Crazydiamond
Replied by Crazydiamond on topic Re:Lost High Mob low care at tribunal
Unless you are lodging an appeal with the UT on a point of law, the only thing you can do is to apply for DLA again, especially if your condition has worsened since the date of the decision under appeal.

When you said that you lost HRM and LRC at the tribunal, did the tribunal warn you that they were intending to remove your existing entitlement to DLA? If not, this is a clear error of law and would certainly form the basis of an appeal to the UT.

The warning should be issued thus:-

'The Tribunal will listen to both sides of the case and make up its mind about the facts. It will apply the law to the facts and makes its decision. This could mean that any benefit you may be getting could go up or down. The Tribunal will warn you if there is a risk that any benefit might be reduced. (You can withdraw your appeal at any time.)'

However, if the warning was issued and you decided to proceed in the light of this warning, no error of law would exist in these circumstances, but there may possibly be other identifiable errors of law in the tribunal's decision if you applied for the full statement of reasons for the decision from the tribunal?

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 8 months ago by Crazydiamond. Reason: Spelling correction.

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  • bilbo36uk
  • Topic Author
12 years 8 months ago #63503 by bilbo36uk
Replied by bilbo36uk on topic Re:Lost High Mob low care at tribunal
thank you crazy there was certainly no mention of possible reduction in benefits, and certainly no verbal waning was given in the form u mentioned

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  • bilbo36uk
  • Topic Author
12 years 8 months ago #63509 by bilbo36uk
Replied by bilbo36uk on topic Re:Lost High Mob low care at tribunal
I personally feel i lost the appeal due to a pitbull from DWP being present....bless their cotton socks.

During the run up to the appeal the tribunal service had requested 4yrs of medical records, this was something i was happy with as this was only going to re-inforce my position.

during the appeal the DWP rep brought up the fact that my wife gets low care DLA and that in the past we considered fostering and had to have a medical before we could go any further with paperwork.

this struck me as odd, but not having any legal background i didn't know how to protest etc.

I really do feel as though i have been in a very long (15 month) monty python sketch and that I'm going to wake up soon......

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  • originaldave
12 years 8 months ago #63564 by originaldave
Replied by originaldave on topic Re:Lost High Mob low care at tribunal
bilbo36uk wrote:

I personally feel i lost the appeal due to a pitbull from DWP being present....bless their cotton socks.

During the run up to the appeal the tribunal service had requested 4yrs of medical records, this was something i was happy with as this was only going to re-inforce my position.

during the appeal the DWP rep brought up the fact that my wife gets low care DLA and that in the past we considered fostering and had to have a medical before we could go any further with paperwork.

this struck me as odd, but not having any legal background i didn't know how to protest etc.

I really do feel as though i have been in a very long (15 month) monty python sketch and that I'm going to wake up soon......


Been trying to find out about fostering medicals bmi mobility respiratory problems are the main things covered, also a search of the net shows people with DLA fostering RA

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