Problem with getting statement of reasons

I have decided to go to the First Tier Tribunal or begin the process. My case was a nightmare.

I waited for nearly 2 years for them to hear my cases. It all began in Jan 2000 and was not heard till November 2011. I am on low mobility and low rate care.

On the day of hearing, was told that I could not take my medication into the court by the clerk.The clerk was so rude!My illness is that I suffer attacks and its critical to have meds close. An attack hit. The stress of all this is incredible. Its so wrong that we have to endure such a process.I said at that point, I wanted to go home. Clerk returned and said the court would allow my meds in.

I lost.My doctors are stunned.

I requested the statement of reasons and there is none. I even did a subject access request to Disability Benefits and there is still not a statement of reasons. Wonder if it is better to get legal help now, or try to do it alone? just need to know if I complain first about the treatment, and file or file and do the other after as noted they are both different. It is now 9 weeks since losing my case. How can I apply with no statement of reasons, I do not know why I was turned down?

I should have done it within one month, but got so depressed when it all happened,they have a lot to answer for for what people go through.Glad I found here. So go it alone, or get help?

Hi DataFox

I'm sorry to hear about your experience. You can certainly make a complaint if you were unhappy about your treatment at the tribunal.

Regarding the statement of reasons, did you apply in writing within one month of the decision notice, as required?

Regards

Derek

No. I asked for legal advice through a helpline of DLA rights and they told me that I had to have that first. If I am honest I was so depressed after that I was put on anti depressants. It was the worst mental torment and anguish to go through. I am only now able to work my way through it all and ended up back in hospital for a week during the 9 weeks. I was told that I can still apply can't I? or was I advised wrongly.?

DataFox wrote:

No. I asked for legal advice through a helpline of DLA rights and they told me that I had to have that first. If I am honest I was so depressed after that I was put on anti depressants. It was the worst mental torment and anguish to go through. I am only now able to work my way through it all and ended up back in hospital for a week during the 9 weeks. I was told that I can still apply can't I? or was I advised wrongly.?

Hi DF,

If a decision has been made at the Appeals Tribunal, regarding your award of DLA, you should be able to obtain, a "Written Statement of Reasons", see :

Tribunals – Requesting a Statement of Reasons

As you may know, this request should have been made within 1 month of the decision.

If you feel that you have been the victim of misinformation, you could complain, see :

Complaining to the Tribunal Service

In any case an appeal to the Upper Tier, regarding a decision at the First Tier can only be made on an "Error of Law", see :

What is an Error of Law?

It may help to seek face to face advice on this, as it is not a straightforward matter, see :

Where to get advice?

If you cannot appeal to the Upper Tier, another alternative may be to make a fresh claim for DLA, as there is nothing to stop you.

Please see the DLA section in our :

FAQ’s

Our DLA Claims Guides, here :

DLA Guides

See also :

DLA Claim forms

Hope this helps.

bro58