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DLA Tribunal result

  • xmondeoman
  • Topic Author
12 years 11 months ago #80811 by xmondeoman
DLA Tribunal result was created by xmondeoman
Wife had her tribunal on Friday, it was the most exhausting 1 HOUR !, Ive ever been through so it must have been worse for my wife. The Lawyer asked all the questions, just concentrated on the report bt the ATOS doctor, he completly destroyed my wife, he may as well called her a liar and a sponger, the doctor asked nothing, and the disability person asked that maybe she consider using a mobility scooter and how long ago did we have a holiday, after a hour of continual interagation we were told to go home, so no result on the day, this morning the dreaded letter arrived, entitled to nothing what so ever, not even low rate !,.We now feel betrayed by the system, and the last six years my wife has been claiming has been a farce and we lied about her disability. :(

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12 years 11 months ago #80813 by Gordon
Replied by Gordon on topic Re:DLA Tribunal result
xmondeoman

Sorry to hear yor news.

Whilst you can appeal this Decision, you can only do so if there has been an Error of Law.

What is an Error of Law?

Whether you choose to do this or not I would recommend you request a Statement of Reasons as this will allow you understand how the panel came to their decision.

Tribunals – Requesting a Statement of Reasons

It might seem too soon but there is no restriction on your wife making a new claim for DLA.

Our claim guides are vailable on the following link.

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims

Gordon

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

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  • bro58
12 years 11 months ago - 12 years 11 months ago #80814 by bro58
Replied by bro58 on topic Re:DLA Tribunal result
xmondeoman wrote:

Wife had her tribunal on Friday, it was the most exhausting 1 HOUR !, Ive ever been through so it must have been worse for my wife. The Lawyer asked all the questions, just concentrated on the report bt the ATOS doctor, he completly destroyed my wife, he may as well called her a liar and a sponger, the doctor asked nothing, and the disability person asked that maybe she consider using a mobility scooter and how long ago did we have a holiday, after a hour of continual interagation we were told to go home, so no result on the day, this morning the dreaded letter arrived, entitled to nothing what so ever, not even low rate !,.We now feel betrayed by the system, and the last six years my wife has been claiming has been a farce and we lied about her disability. :(


Hi XMM,

I'm sorry that the Tribunal Hearing was such an ordeal, and I am sorry to hear that you wife failed to win her appeal.

If you feel that the Tribunal Members were unduly harsh, you could complain, see :

Complaining to the Tribunal Service

Failing that, you could request a Written Statement of Reasons on how they came to their decision, see :

Tribunals – Requesting a Statement of Reasons

The only way that you can appeal to the Upper Tier, is if there has been an "Error of Law", see :

What is an Error of Law?

As this is not a straightforward issue, you may need professional face to face advice on this, please see :

Where to get advice?

If you do not wish to take this course of action, there is nothing to stop your wife making a fresh claim for DLA straight away, see :

DLA Claim forms

And :

DLA Guides

You should also review our : FAQ’s

Where there is a section on DLA.

bro58

MOD EDIT : posted same time as Gordon, please see his comments also.
Last edit: 12 years 11 months ago by bro58. Reason: As Above

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  • xmondeoman
  • Topic Author
12 years 11 months ago #80816 by xmondeoman
Replied by xmondeoman on topic Re:DLA Tribunal result
Thankyou for the advice, i have persueded the wife the make a fresh application using all the new medical evidence we have plus supporting letter from GP as we have nothing to lose, only downside is her mobility car will have to back, as to the question of does she feel the panel were unduly harsh, i guess the lawyer was doing his job, which he did very well, it was my wifes appeal but even i felt like a criminal, i suppose the fight goes on.

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  • paul
12 years 11 months ago #80818 by paul
Replied by paul on topic Re:DLA Tribunal result
Hi Xman,

If you go on the Atos website to have a look at their job vacancies for doctors, you will find that one of the "benefits" of working for them is a "performance bonus", which is reviewed every year.

Could this be the reason that so many people are failing the medical assessment, or am I just being cynical?

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