Lost tribunal today :(

[subwoofer]

I lost my DLA tribunal today

 

I have chronic arthritis in my hips and awaiting a hip replacement

 

i told them i could not take a single step without sever pain and had a report from my gp which stated i could not walk any distance at all without pain but they said this report was dated 16 days after the decision was made on my claim and that it would not be accepted because it was not related to the time of the claim! instead they choose to use evidence from a 2 year old esa medical which stated i could walk over 100 meter's!!

 

so a 2 year old medical is more relevant than a 2 week late one?

 

im totally gutted i cant think straight at the moment i dont know what to do!

[rebel11]

Hi sub

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Its cleary not right, it seems like they wanted your claim to fail. It's disappointing, but I'm sure it can be fought.

Don't let them get you down.

[subwoofer]

They basicaly said all of my evidence was after the original decision was made and therefore it was not to be accepted they said if were to re apply today i could use my current evidence but could not use it for this current claim. i did not sent any of my own evidence at 1st as i thought the dwp would ask my gp for it themselves as they ask in the claim form to give your gp's details but they didn't do this.

 

i arrived in a wheel chair and showed them my letter stating i was waiting for a hip replacement which is due to the same condition i applied for in the original claim but again they said it was dated after the original claim and not relevant

 

i can maby understand the letter which says im awaiting a hip replacement as it was dated 5 months after but the letter from my gp which states im in pain at all times when walking was only 16 days after the original decision surely that is more relevant than a esa report that was 12 months old at the time!

 

They also said that i should not need as much time to get in and out of the bed and bath as i stated in my claim form which was 30 minutes, i explained that this was because it is so painfull it takes several attemps to get in and our of bed i have to stop due to the pain then try again later and they said that if i had to stop due to pain and try again that the time i stopped shold not be counted as you are not reviving help in the time and that the time counted should start when you attempt the task again. i argued that i still needed somebody to wait with me before i attempted it again but they just moved onto the next questions.

[leemack]

Sorry to hear you lost.

 

The first step is to write to the tribunal service and ask for a statement of reasons - this can take several months. I don't know how they will logically justify using the older report, so this should give you grounds to request an appeal to the upper tribunal.

[Nystagmite]

They only contact your GP if they need more information. They didn't this with me one time and claimed I didn't have all the care needs I have - despite me giving them evidence of these care needs.

[subwoofer]

how long does it take to go to the upper tribunal? i waited 11 months for this already

[stalin's dead]

I lost my ESA tribunal and the panel will not consider ANY evidence whatsoever if it is dated after the date of the initial claim. I suspect the law doesn't allow them too. I requsted a statement of reasons a day after my tribunal and then simply made a fresh claim for ESA the following day for the same conditions. Then the process begins all over again.

 

You must make a fresh claim (assuming the 6 month rule as been satisfied). I could have gone to the upper tribunal but then you don't get the ESA assessment rate while this is taking place so that wasn't an option and can only be instigated on a point of law..it's a long shot in my opinion

 

gl

 

SD

[Nystagmite]

Your tribunal is based on how you were at the time of the claim - any evidence dated after that is useless.

 

SD - there's no 6 month rule for DLA. You can make a new claim whilst appealing too. (I think I've misunderstood you!)

[rebel11]

Hi Subwoofer

 

It might also be an idea to write to your MP.

[cbbc]

Your tribunal is based on how you were at the time of the claim - any evidence dated after that is useless.

 

SD - there's no 6 month rule for DLA. You can make a new claim whilst appealing too. (I think I've misunderstood you!)

 

Is this correct, there is no waiting period.

So if someone gets turned down for DLA they can immediatley apply again.

I was not aware of this.

Wouldnt this make the whole process go round and round for ever?

What would the point be of appealing then?

So if I was awarded mobility and not care, could I safely apply for the care element with out an appeal which could put my whole claim in danger of being changed for the worse.

Hope this makes sense, just taken a sleeping tablet.

[Nystagmite]

Yes you can apply again. Your new claim must be based on what you're like now.

 

The point of appealing - if you don't appeal and just put in a new claim, your money will only be backdated to the date your new claim started. Appeal and the money is backdated to the date of that claim.

 

If you already receive DLA and put in a new claim, your current award would be in danger. However, that's not to say you'll lose your current DLA.

[cbbc]

Thank you ,something to think about.

My husband was turned down after two years on high mob and care to zero but all the same illnesses plus deafness.

He tells doctor of his joint pains and gets prescribred painkillers and anti inflammatorie for 3 years.

He has hearing aids and needs help to cope.now has a letter from his gp backing him up, hes a cortezone, athroscopy, mri, physio, blood tests and xrays

He is waiting for a paper appeal as it will be quicker, he had a date of Nov for the oral tribunal.

He has pain, depression,iliteracy, anxiety, innsomsia .

He doesnt feel ready to face a tribunal face to face si I will let you know what happens, whenit happens.

[leemack]

I lost my ESA tribunal and the panel will not consider ANY evidence whatsoever if it is dated after the date of the initial claim. I suspect the law doesn't allow them too. I requsted a statement of reasons a day after my tribunal and then simply made a fresh claim for ESA the following day for the same conditions. Then the process begins all over again.

 

You must make a fresh claim (assuming the 6 month rule as been satisfied). I could have gone to the upper tribunal but then you don't get the ESA assessment rate while this is taking place so that wasn't an option and can only be instigated on a point of law..it's a long shot in my opinion

 

gl

 

SD

 

Not so. I've repped and won plenty of appeals where the evidence is post decision - the only thing that needs to be pointed out is that the evidence represented how you were at the time of the decision. What I'm guessing happened is they did the old 'how you were then, how you are now' confusion which leads in my experience to inevitable failure of the appeal. Admitting to deterioration without being incredibly clear in a written statement (submission) about when the deterioration occured only leads to confusion and failure.

 

Even so, with evidence 16 days after the decision, it will be very difficult to deny that this is representative of condition at the time of decision. As long as all evidence was presented well, and there were no contradictory statements on the record of proceedings, this is one that I would have been confident of arguing to an upper tribunal.

 

Forgot to say - also ask for a record of proceedings - it should be, but isn't always, included with the statement of reasons.

[leemack]

Thank you ,something to think about.

My husband was turned down after two years on high mob and care to zero but all the same illnesses plus deafness.

He tells doctor of his joint pains and gets prescribred painkillers and anti inflammatorie for 3 years.

He has hearing aids and needs help to cope.now has a letter from his gp backing him up, hes a cortezone, athroscopy, mri, physio, blood tests and xrays

He is waiting for a paper appeal as it will be quicker, he had a date of Nov for the oral tribunal.

He has pain, depression,iliteracy, anxiety, innsomsia .

He doesnt feel ready to face a tribunal face to face si I will let you know what happens, whenit happens.

 

Unfortunately paper DLA appeals are much more likely to fail as the tribunal members won't be able to ask questions - but if he's not up to it there is little else to be done. Just make sure that you write a submission (statement) putting your case forward and arguing against the DWP's reasons for refusing benefit.

[cbbc]

Leemack,

Is it correct that he can reapply for DLA before his tribunal date with the same medical condition before 6 months of being turned down?

Thank you.

[stalin's dead]

Oops, sorry i didn't clock it was a DLA tribunal. Not switched on at present

 

apologies for any confusion caused

 

SD

[Life-Goes-On]

Leemack,

Is it correct that he can reapply for DLA before his tribunal date with the same medical condition before 6 months of being turned down?

Thank you.

 

The medical condition doesn't matter, it's the needs that arise from it. So if needs have changed then you can apply ASAP

[leemack]

Leemack,

Is it correct that he can reapply for DLA before his tribunal date with the same medical condition before 6 months of being turned down?

Thank you.

 

Yes he can reapply again, its not like ESA and doesn't have the same 6 month rule.