× Members

DLA Tribunal Hearing

More
12 years 4 months ago #74378 by mistake
DLA Tribunal Hearing was created by mistake
Hi can you please help with this.
DLA reduced at renewal in Oct last year; I had my Tribunal hearing yesterday.Arthritis of my spine and other joints (knees, wrists etc), under a Professor of rheumatology for 12 yrs, he prescribed wrist supports years ago and muscle spasms in my chest are a problem.

Dr on the panel overpowered me asked if no-one had considered I had fibromyalgia I said in April this year it had been thought a possibilaty. He said he couldn’t believe It had not been mentioned before, why had no-one offered me a knee replacement, why did I wear the wrist supports as they clearly caused muscle wastage and talked in detail about fibromyalgia.

At the end he asked if I thought I would get better and I said no, he shot back at me with “why not you must have read that 60% of patients with fibromyalgia do, you need to adjust as people aren’t immortal and your husband may not always be here to care for you.”

My answer had been about arthritis, fibromyalgia wasn’t mentioned till 6mths after my allowance had been reduced and shouldn’t have even been a consideration at the tribunal. I fear an unfavourable decision will follow in the post. Can I request a paper copy of what was discussed and as an undiagnosed condition was the main focus of the hearing, could I complain.

Please Log in or Create an account to join the conversation.

  • bro58
12 years 4 months ago #74380 by bro58
Replied by bro58 on topic Re:DLA Tribunal Hearing
Sheils wrote:

Hi can you please help with this.
DLA reduced at renewal in Oct last year; I had my Tribunal hearing yesterday.Arthritis of my spine and other joints (knees, wrists etc), under a Professor of rheumatology for 12 yrs, he prescribed wrist supports years ago and muscle spasms in my chest are a problem.

Dr on the panel overpowered me asked if no-one had considered I had fibromyalgia I said in April this year it had been thought a possibilaty. He said he couldn’t believe It had not been mentioned before, why had no-one offered me a knee replacement, why did I wear the wrist supports as they clearly caused muscle wastage and talked in detail about fibromyalgia.

At the end he asked if I thought I would get better and I said no, he shot back at me with “why not you must have read that 60% of patients with fibromyalgia do, you need to adjust as people aren’t immortal and your husband may not always be here to care for you.”

My answer had been about arthritis, fibromyalgia wasn’t mentioned till 6mths after my allowance had been reduced and shouldn’t have even been a consideration at the tribunal. I fear an unfavourable decision will follow in the post. Can I request a paper copy of what was discussed and as an undiagnosed condition was the main focus of the hearing, could I complain.


Hi S,

Sorry to hear of your problems at the Tribunal Hearing.

You can request a "Written Statement Of Reasons" for the Tribunal decision.

If you wish to complain, you can do so from this webpage :

hmctsformfinder.justice.gov.uk/HMCTS/Get...ourt_leaflets_id=254


bro58

Please Log in or Create an account to join the conversation.

More
12 years 4 months ago #74396 by mistake
Replied by mistake on topic Re:DLA Tribunal Hearing
Hi
Sorry I also meant to ask if the paperwork shows that fybromyalgia was considered during the hearing and in the outcome, is that enough for me to take my case to a commissioner.

Please Log in or Create an account to join the conversation.

More
12 years 4 months ago #74400 by Gordon
Replied by Gordon on topic Re:DLA Tribunal Hearing
Sheils wrote:

Hi
Sorry I also meant to ask if the paperwork shows that fybromyalgia was considered during the hearing and in the outcome, is that enough for me to take my case to a commissioner.

If you have lost your appeal and you decide to pursue the matter to the Upper Tribunal, you will need the assistance of an advisor with experience in this area.

It is beyond the scope of the forum for the Mods to assist you in this matter.

See the following FAQs

Why can’t you answer a question about my specific claim?

What is an Error of Law?

Gordon

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

Please Log in or Create an account to join the conversation.

More
12 years 4 months ago #74546 by mistake
Replied by mistake on topic Re:DLA Tribunal Hearing
Hi There
Following my post yesterday regarding my DLA being reduced to LRC last October and my Tribunal hearing on Tuesday this week, which I felt had gone really badly.

I recieved the dreaded envelope today with the Tribunal decision and couldnt face opening it so my husband had to do it.

I am over the moon that the Tribunal have upheld the appeal and reinstated me to HRM & MRC. It is all the great information I got from your site that enabled me to present my appeal in the correct manner, so THANK YOU SO MUCH.

I almost gave up several times but it was worth the stress and perseverance. So anyone else out there in the same boat, stick it out, theres so much to be gained. :woohoo:

Please Log in or Create an account to join the conversation.

  • RachelPotter
12 years 4 months ago #74553 by RachelPotter
Replied by RachelPotter on topic Re:DLA Tribunal Hearing
Hi Sheils, so glad you had a positive outcome! :)

Best wishes,
Rachel

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.