Judge won't change decession

louise wrote:

Hi Gordon,
A little while a go I posted about appeal I won
I explained that I told the judge the wrong care rate I got
I got my daughter to fax tribunal office the next day and have just recieved a letter saying the judge will not change his decession even though he asked me and hubby what level of care I got I said I wasn't sure so I said low rate care well in fact it's middle rate care he was the one who said we should stick to the same rate I'm getting now. The tribunal office think I should write to them again not sure what to do any advice .

I'm afraid it is time for you to get face to face advice from your CAB or Welfare Rights.

From what you have previously posted, the appeal concerned your original application for DLA, you subsequently made a new claim for DLA and were awarded HRM and MRC, which you should still be receiving. So the issue is regarding your care award for the period from your original application up to the Decision date of your new claim.

It seems odd to me that the Judge was prepared to make a Decision on your Care award as flippantly as base it on your "current" award, it begs the question, if you had answered HRC rather than LRC, would he have awarded that? To make a Decision on your award, the panel need to have evaluated the evidence, further they must also show how they have considered that evidence, the Judges remarks would suggest that this was not the case.

However, this is not a matter we can assist with, you need advice from someone with experience in dealing with Tribunal Decisions. See

Where to get advice?

Gordon