dla at tribunal stage

[novorapid]

both my care and mobility has been turned down because of a supposed report from a member of the public. My question is am i entitled to see a copy of the report or can they keep it from me?

[louloutinks]

Surely you can ask for a revision.....was past evidence submitted by docs? People do have good and bad days, and it has to be of regular occurrence and not ALL the time (please someone quote me if I am wrong).

[Nystagmite]

It has to be based on what you're like for most of the time.

[louloutinks]

but not all the time - maybe they had a good day when they were reported...

[novorapid]

dla have now backtracked and have said that what I have told them has over-ridden what I was supposedly reported for,have had an ATOS medical, which was based on the doctors assumptions (answers to questions that were never asked).they have now referred it to the Tribunal,

[Agostini]

I know this process takes ages but at least you are more likely to get some sense from a tribunal.

You know you will get the same papers the tribunal members get, so you will see all the evidence well ahead of the hearing. I would certainly recommend that you get representation and I would start looking now.

 

Keep in touch,

Agostini

[novorapid]

recieved letter from tribunal service after going for IB/ESA assesment this morning, i had asked for a paper hearing because of my verbal aggressiveness but dla/dwp wanted to send a rep so was told i would have to appear at tribunal...tribunal have now closed the appeal and awarded me HRM and MRC which i was getting indefinately. good news does come to those who are prepared to battle.............

[Nystagmite]

If you opted for an oral hearing, you are more likely to succeed.

[Pettifers]

Hi all would really like some help and advice, will try to keep it short,

 

i was awarded dla for the second time in 10/08 to run to 10/11 high rate mobility low rate care. on the 29 mar 10 i asked for a supercession which was denied by dwp i then requested a tribunal, first tribunal was adjourned because dwp had no medical eveidence. second tribunal was 22 jul 11 where tribunal unaimously allowing my appeal awarding MR care and HR mobility backdated from march 10. ok so thats stratightfoward this is where it gets complicated. because my award is due for renewal i have already had to reapply. did so and dwp response was take away mobility al together and stay on LR care, asked for a reconsideration received decision today not changing award, this decision was made on the 27th July 5 days after tribunal decision. What i would like to know is firstly how do they come to their decisions they know my condition has got worse (tribunal decision, various medicial reports etc) I am not due to see one surgeon until nov 11 which they know. i have been diagnosed with two other conditions which were put on form. basically i know i am going to have to go back to tribunal and i know how long this is going to take what i want to know is i am currently on this award which ends in oct 11 because i will apply to tribunal will i be able to stay on this current award un til tribunal is heard or come oct will i lose it all to what dwp want to give me whilst waiting???????????????????????????????? I really need help because i am close to breaking point I find it utterly disgusting that the dwp continually refuse everyone just so they can save money on the people who dont question their decisions and basically stick 2 fingers up every time to the people that genuinely need it

[northerntrish]

Hi all would really like some help and advice, will try to keep it short,

 

i was awarded dla for the second time in 10/08 to run to 10/11 high rate mobility low rate care. on the 29 mar 10 i asked for a supercession which was denied by dwp i then requested a tribunal, first tribunal was adjourned because dwp had no medical eveidence. second tribunal was 22 jul 11 where tribunal unaimously allowing my appeal awarding MR care and HR mobility backdated from march 10. ok so thats stratightfoward this is where it gets complicated. because my award is due for renewal i have already had to reapply. did so and dwp response was take away mobility al together and stay on LR care, asked for a reconsideration received decision today not changing award, this decision was made on the 27th July 5 days after tribunal decision. What i would like to know is firstly how do they come to their decisions they know my condition has got worse (tribunal decision, various medicial reports etc) I am not due to see one surgeon until nov 11 which they know. i have been diagnosed with two other conditions which were put on form. basically i know i am going to have to go back to tribunal and i know how long this is going to take what i want to know is i am currently on this award which ends in oct 11 because i will apply to tribunal will i be able to stay on this current award un til tribunal is heard or come oct will i lose it all to what dwp want to give me whilst waiting???????????????????????????????? I really need help because i am close to breaking point I find it utterly disgusting that the dwp continually refuse everyone just so they can save money on the people who dont question their decisions and basically stick 2 fingers up every time to the people that genuinely need it

 

I honestly know how you feel.

 

I can't help with any answers for you other than to say that in my case they want evidence to confirm what my needs are, not diagnosis, not treatment, not prognosis. I haven't a clue who to get it from or what to ask for.

 

My GP won't even confirm what they are unless he has actually seen them all for himself.

[Nystagmite]

I can't help with any answers for you other than to say that in my case they want evidence to confirm what my needs are, not diagnosis, not treatment, not prognosis.

 

Given that's what DLA is based on, I don't know what you sound that shocked...

[northerntrish]

Given that's what DLA is based on, I don't know what you sound that shocked...

 

I'm not shocked, more dismayed quite honestly.

 

Other than the medical evidence that is quite easy to get together that confirms everything that is wrong with me, the main problem is trying to gather evidence from someone who can confirm that all of my needs exist and to the extent that I say they do.

 

That's the problem I am coming up against. Maybe there is no answer to it. It's as though its a hunt for the Holy Grail.

 

What does upset me though is that when I read up on the DWP's own website, A to Z of Illnesses, all of mine quite clearly tell the DWP that my needs are expectant of the illnesses that I have. Yet they chose to ignore all of that.

[Nystagmite]

Just because they are the expected needs, doesn't mean that every person with those disabilities will have those needs.

[northerntrish]

Just because they are the expected needs, doesn't mean that every person with those disabilities will have those needs.

 

Yes I know that, but if they married up my explanations and my examples they would see that those needs they describe fit with the needs I claim for.

 

So why do they choose to ignore me? The only evidence that they have ever used against me to come to the decision is one section relating to my needs of the GP report that says 'Not Known'.

On their statement of reasons they have ignored everything I have said. In fact they say that I can do everything that I say I can't. There is no mention of the examples I have given.

They say the evidence they have used is the claim form and the GP report in which they highlight the only negative thing on it. The rest of the GP report gives a full picture of my illnesses.

To me they seem to pick on the slightest little thing that isn't even a denial, just simply - I don't know.

 

That is why it is so infuriating. I could understand their stance if the GP said that there are no needs!

 

The whole decision is unbalanced. It's as though they have chosen to ignore all the positive aspects and concentrate on the one that is not positive, nor is it negative.

 

Then they tell me they now want evidence to prove everything that I claim I need help with, evidence to substantiate the measurements/timings etc of walking ability.

 

It is a complete joke. Is it any wonder why I sacked both the CAB and the Social Services Welfare Benefits Officer.