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Failed DLA tribunal

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12 years 9 months ago #85153 by Gordon
Replied by Gordon on topic Re:Failed DLA tribunal
Lds77 wrote:

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?

Just to clarify Mrs H's post, a new claim will limit any new Decision at a Tribunal, so as an example; if the original Decision (that you appealed), was in June 2011 and you make a new claim in April 2012, then if your appeal was successful you would receive back payments for the period 06/11-04/12.

With regard to a transcript the following FAQ explains what to ask for. You should make the request in writing, although an initial email may be acceptable.

Tribunals – Requesting a Statement of Reasons

Gordon
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12 years 9 months ago - 12 years 9 months ago #85154 by Lisa
Replied by Lisa on topic Re:Failed DLA tribunal
Thank you. Well, the lady on the phone didn't tell me that. If I had not asked on here, then I may have assumed that they were one and the same thing as I was led to believe. Surely they wouldnt deliberately withhold an important piece of information like that and risk people missing request/appeal deadlines and such?! If I claim again now its for an entirely different time period so how can that negate an appeal against the way the first tribunal was handled? I continue to be amazed and confused by the entire system. :S
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Last edit: 12 years 9 months ago by slugsta.

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12 years 9 months ago #85160 by slugsta
Replied by slugsta on topic Re:Failed DLA tribunal
I don't think it is a case of deliberately witholding information - more that the call-centre staff often seem to be poorly trained and don't know what information to give you.

As far as putting in a new claim - the result of the Upper Tier tribunal would stand until you are reassessed which, of course, is what will happen if you reapply.
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12 years 9 months ago - 12 years 9 months ago #85163 by Lisa
Replied by Lisa on topic Re:Failed DLA tribunal
Thank you for clarifying and for all your help and advice. It seems I have nothing to lose by trying again then! I shall let you know the outcome of the upper tribunal appeal and the re-application as and when.
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Last edit: 12 years 9 months ago by slugsta.

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12 years 9 months ago #85705 by Lisa
Replied by Lisa on topic Re:Failed DLA tribunal
I have a question regarding the wording on my summary of reasons. The tribunal states that'.... was not suffering from either a physical or mental disorder that meant that she needed to be guided or supervised when outdoors on unfamiliar routes' and uses evidence of my travelling by car as proof I had good insight and awareness. Can they totally ignore the 'walking' on unfamiliar routes part if you can drive but the reasons for guidance and supervision are due to pain and falls?
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12 years 9 months ago #85711 by Gordon
Replied by Gordon on topic Re:Failed DLA tribunal
Lds77 wrote:

I have a question regarding the wording on my summary of reasons. The tribunal states that'.... was not suffering from either a physical or mental disorder that meant that she needed to be guided or supervised when outdoors on unfamiliar routes' and uses evidence of my travelling by car as proof I had good insight and awareness. Can they totally ignore the 'walking' on unfamiliar routes part if you can drive but the reasons for guidance and supervision are due to pain and falls?

The criteria you refer to relate to the lower rate of DLA Mobility, which is normally awarded due to mental health issues.

Gordon
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