Case Law/Stated cases

I have a date for my Tribunal re DLA, which is the 14th May 2012. I have complained to ATOS re the examination at my home and the subsequent report that was completed. I have complained of inaccuracies and questioned the credibility of the document.
My question is, is anyone aware of any legislation/stated cases where the integrity of the medical statement that the DWP base their case on has been so badly prepared and the medical examination has not been carried out correctly that the tribunal panel use those facts i.e. the poor report etc as part of their rationale for granting the benefits in question. In this case DLA. In my case, I used B & W information to find errors in the majority of the report. Errors that ATOS have apologised for. Unfortunately the DWP still want to have this heard at a tribunal. I want to be able to have the knowledge of similar cases as I have to represent myself.
On that note, I reside in the Brentwood area of Essex, I dont suppose anyone knows of an organisation that may represent me at my hearing in Harlow.
Long winded I know. I can but apologise. Fortunately my wife wont read this as she would accuse me of waffling/boring people

JT wrote:

I have a date for my Tribunal re DLA, which is the 14th May 2012. I have complained to ATOS re the examination at my home and the subsequent report that was completed. I have complained of inaccuracies and questioned the credibility of the document.
My question is, is anyone aware of any legislation/stated cases where the integrity of the medical statement that the DWP base their case on has been so badly prepared and the medical examination has not been carried out correctly that the tribunal panel use those facts i.e. the poor report etc as part of their rationale for granting the benefits in question. In this case DLA. In my case, I used B & W information to find errors in the majority of the report. Errors that ATOS have apologised for. Unfortunately the DWP still want to have this heard at a tribunal. I want to be able to have the knowledge of similar cases as I have to represent myself.
On that note, I reside in the Brentwood area of Essex, I dont suppose anyone knows of an organisation that may represent me at my hearing in Harlow.
Long winded I know. I can but apologise. Fortunately my wife wont read this as she would accuse me of waffling/boring people

Hi,

Unfortunately there is a myriad of Stated Cases which may/may not apply. Without knowing full details of a case it is impossible to establish whether a Stated case would apply in ones own circumstances or not.

Another problem is use of Stated Cases inexpertly can, (as I am currently trying to sort out in one particular case), lead to a tribunal accepting the case, only for it to be appealed by the DWP on a point of law later on at an Upper Tier Tribunal as irrelevant to the case in question.

Therefore advice should really be sought. Please look at the following LSC Find an adviser site:

legaladviserfinder.justice.gov.uk/AdviserSearch.do

Alternatively is there a national charity who deal with your specific disability/complaint?

Pete

JT wrote:

I have a date for my Tribunal re DLA, which is the 14th May 2012. I have complained to ATOS re the examination at my home and the subsequent report that was completed. I have complained of inaccuracies and questioned the credibility of the document.
My question is, is anyone aware of any legislation/stated cases where the integrity of the medical statement that the DWP base their case on has been so badly prepared and the medical examination has not been carried out correctly that the tribunal panel use those facts i.e. the poor report etc as part of their rationale for granting the benefits in question. In this case DLA. In my case, I used B & W information to find errors in the majority of the report. Errors that ATOS have apologised for. Unfortunately the DWP still want to have this heard at a tribunal. I want to be able to have the knowledge of similar cases as I have to represent myself.
On that note, I reside in the Brentwood area of Essex, I dont suppose anyone knows of an organisation that may represent me at my hearing in Harlow.
Long winded I know. I can but apologise. Fortunately my wife wont read this as she would accuse me of waffling/boring people

Hi JT,

What you are really asking is for specific advice which we cannot give which as Pete rightly states Without knowing full details of a case it is impossible to establish whether a Stated case would apply in ones own circumstances or not.

Commissioners Decisions ( now called the Upper Tribunal) are not binding on a DWP Decision Maker since some decisions will agree with either a First-tier Tribunal and/or a DM's decision, but others will take a different view.

There is no welfare rights service 'per se' in Brent, it's provided by the local CAB.
However, Harlow does have a dedicated welfare rights service, and as your appeal is being heard in Harlow it may be possible that they can assist you.

See Harlow Welfare Rights & Advice

Also see the DLA/AA case law in This link

Hope this helps.

Jim