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Appeal Failed Unamious Decision

  • Littleme
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11 years 10 months ago - 11 years 10 months ago #88253 by Littleme
Appeal Failed Unamious Decision was created by Littleme
I apologies for such a long message but I am at a complete and utter loss as to what went so wrong with my appeal. I don't have a diagnosed condition and have never had for the 19 years that I have been in receipt of my DLA for 19 years I had a motability car 0 that was until it was taken away from me in September 2011. I have been left completely housebound. I am a full time wheelchair user my car was adapted with a wheelchair hoist which I had just paid to have transferred to the new vehicle. I am not able to use public transport as most or the buses are not wheelchair friendly. I have a live in carer and used the High Rate DLA I had to top up their wages They receive their salary from the Socila Services on a Direct Payment scheme. I have had my carer for 4 years and they have continued to care for me without this top up. I felt they had made their decision before I even went into the room. As the first question the Judge said was "I don't understand how you say you cannot do these things when there are people who walk through this door with worse scans than yours" Although they were basing this presumption on a scan that was about 15 years old! They questioned as to they type of card I had, wasn't botheed the Social Services paid for my carer. Why after 19 years of never having a diagnosis is there a problem now? I suppose it is the cuts! I suffer severe pain am dependant on my wheelchair all of the time. Do they think I delight in being in my chair. Sadly it was the lesser of the two evils. I have requested a Statement of reason of which I am still waiting for. I have even contacted my MP (although I am not sure what good that will do). I am a total wreck suffering constant kidney infections. Everyone told me (friends, family, CAB) that I had nothing to worry about - Wrong! I now have everything to worry about. I ebevn read posts of members saying they had won their appeal and I thought I had a chance even if it is a small one. I receive Severe Disablement Allowance but I am fearful I may loose this. Is this possible? I am so depressed, lost weight, I can't get out and fear that I will now loose some of my carers hours and will have to stay in bed as I undertand they cannot keep working without the extra pay they had. They have been caring for me since July 2011 without pay as that is when DLA stopped my money (they didn't receive my renewal so took it as a new claim hence why my car was taken away from me). Please if someone knows anything that I can do I would be eternally greatful to them.
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #88260 by Gordon
Replied by Gordon on topic Re:Appeal Failed Unamious Decision
Littleme

I am sorry to hear your news.

With regard appealing to the Upper Tribunal, the first stage of this is asking for a Statement of Reasons. You should seek advice with regard to pursuing the matter further as you really need to get advice from someone with experience in this area.

You can make a new claim for DLA, there is no restriction on when you can do so.

Gordon

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

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  • Littleme
  • Topic Author
11 years 10 months ago #88262 by Littleme
Replied by Littleme on topic Re:Appeal Failed Unamious Decision
Thank You Gordon,
If I was to make a new claim would it invalidate my appeal and any back pay I may be allowed should I win? (subject to a miricale of course)
Also, if I was to make a new claim would this be based on my condition worsening although it has in some aspects.
Many thanks

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11 years 10 months ago - 11 years 10 months ago #88267 by Lady_in_bed
Replied by Lady_in_bed on topic Re:Appeal Failed Unamious Decision
Sorry to hear of your situation littleme.

The carers obviously had total faith that you would be awarded DLA again or they wouldnt have supported you so long without top up pay.

I guess you got all the support letters from your GP and carers and consultants etc?

Sounds like you need expert advise they usually say cab or wefare rights on here

Good luck with it all and please let us know how things progress
Last edit: 11 years 10 months ago by Gordon.

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11 years 10 months ago #88268 by Gordon
Replied by Gordon on topic Re:Appeal Failed Unamious Decision
LM

You can start a new claim in parallel to any appeal you might make.

Were you to win an Upper Tribunal hearing then the likely result is that a new Lower Tribunal hearing will be ordered.

Back payments will be limited by any Decision on a new claim.

Your condition does not have deteriorated to make a new claim.

Gordon

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

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