DLA Appeal

My husband had his DlA appeal on Monday and we have had letter to tell us he has lost the appeal He did have a representative but we dont think they was much help now they are collecting the car Next wednesday my husband is devasted. He had his leg amputated becuase of the pain and now he wished he never bothered. As he he is no better off suffering phantom pains etc so fustrated!!!

Hi Lindy,

You must ask the Tribunal Service for a full statement of the tribunal's reasons for their decision since tribunals do make errors of law.

Once you receive that, you need to have it looked at by a welfare rights adviser, since if an error of law has been made, your husband can appeal to the Upper Tribunal, formerly called Social Security Commissioners.

As you don't seem happy with the representative who helped you, contact Community Legal Advice who can put you in touch with a local adviser in your area.

Best of luck.

Jim

Thanks Jim I am awaiting that letter to come through but the person who helped us said there was no point of law for us to appeal on, I am currently filling out new application as my husbands condition has worsened since then anyway he said he is not going to wear his leg again . I only wish i had found this website before we sent of his renewal last year!

thanks linda

Hi Linda,

As your husband's condition has worsened, you are doing the right thing in making a new application.

Sorry I didn't mention this in my first reply.

Best of luck.

Jim

lindyloo48 wrote:

Thanks Jim I am awaiting that letter to come through but the person who helped us said there was no point of law for us to appeal on, I am currently filling out new application as my husbands condition has worsened since then anyway he said he is not going to wear his leg again . I only wish i had found this website before we sent of his renewal last year!

thanks linda

How can the representative say that there were no points of law on which to lodge an appeal, if he/she has not asked for, and consequently read the statement of reasons(SOR) for the tribunal's decision?

Yes she was very sharp with me when I called my husband is not very articualte in explaining himself and hence his replies did not help himself and there was nothing else we could do, but my brother has gone through this a lot and therefore he said wait till paperwork comes to see what there reasons are etc