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Failed DLA tribunal

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12 years 5 days ago #84872 by Lisa
Failed DLA tribunal was created by Lisa
Hi,I know nothing can be done about it now but I need a vent!
I wouldn't mind if they had refused because they genuinely felt I didn't deserve it but what I said has been twisted to fit a refusal and some of the things I supposedly stated are simply untrue. Throw in taking the so called "facts" and then contradicting themselves in the next paragraph and I'm now questioning myself but I KNOW I didnt state what I supposedly did. Grrrrr. Totally exhausted and fed up

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12 years 5 days ago #84883 by Gordon
Replied by Gordon on topic Re:Failed DLA tribunal
Lds77 wrote:

Hi,I know nothing can be done about it now but I need a vent!
I wouldn't mind if they had refused because they genuinely felt I didn't deserve it but what I said has been twisted to fit a refusal and some of the things I supposedly stated are simply untrue. Throw in taking the so called "facts" and then contradicting themselves in the next paragraph and I'm now questioning myself but I KNOW I didnt state what I supposedly did. Grrrrr. Totally exhausted and fed up

If you do not believe that the Tribunal reached their conclusion in a reasonable manner, then you can consider appealing to the Upper Tribunal.

The first part of this process is to request a Statement of Reasons from the judge, see

Tribunals – Requesting a Statement of Reasons

You will then need to show that there has been an error of law, see

What is an Error of Law?

Don't forget that there is no restriction on your making a new claim for DLA immediately.

Gordon

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12 years 5 days ago #84894 by Lisa
Replied by Lisa on topic Re:Failed DLA tribunal
Is there a time limit to appeal to the upper tribunal? I have requested a recording of the tribunal, if nothing else it can confirm/deny my memory but not sure there is an actual point of law. They have said I stated things that, if true, would mean that their decision was fair but I did not state them, in fact, I mentioned that they were things I could no longer do, not that I was doing them at the time I applied or now. They also got the reason why I applied in the first place wrong and that reason, they claim, was all better and fixed within weeks, when I stated that I was continuing to have treatment for it now. In fact almost all of the summary of reasons refers to complete fabrications or twisted versions of what I actually said. I suppose I need legal advice but not entitled to legal aid. I was told this process was long, difficult and frustrating but.....wow.....

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12 years 5 days ago #84897 by Gordon
Replied by Gordon on topic Re:Failed DLA tribunal
Lds77

You must submit any further appeal within one month of receiving the SoR.

Gordon

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12 years 16 hours ago - 12 years 16 hours ago #85131 by Lisa
Replied by Lisa on topic Re:Failed DLA tribunal
Thanks for the advice so far...just a couple of quick questions? When you say there are no restrictions on applying again for DLA does that mean that I can re-apply AND appeal to the upper tribunal at the same time? And also I was advised to email in a request for a "transcript". Is that the same as a statement of reasons?

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Last edit: 12 years 16 hours ago by slugsta.

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12 years 16 hours ago #85135 by slugsta
Replied by slugsta on topic Re:Failed DLA tribunal
Yes, you can put in anew claim and still appeal to the Upper Tribunal. Be warned though - I believe that the outcome of the new claim would supersede the result of the tribunal (I'm sure one of the other mods will correct me if I have got that wrong).

I'm afraid that I can't answer your question about the 'transcript' - although I suspect that would be a transcript of the recorded tribunal, not the statement of reasons.

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