DLA Tribunal today - gutted!

[purplemel]

Hi all, I'm looking for some help after my DLA tribunal today. We first applied on 7th October 2011 and were turned down; resulting in the tribunal which was heard today. It was the longest 45 minutes of our lives and felt like the Spanish inquisition! We had a medical lady, a Judge and a care person. The first two weren't so bad, although very thorough, but whilst we were talking to the medical lady, the care bloke fell asleep!!!! When it came to his turn, he was horrible, he actually reduced me to tears.

 

Sorry, I should provide a bit of background first shouldn't I. I am claiming because I have degenerative disc disease and bipolar disorder. We had previously been to a DLA tribunal in march which was adjourned for more medical evidence; including my medical records and a 'medical' visit. Anyway surprise surprise, he completely lied and omitted things we had said, and the fact that he had suggested my GP refer me for an MRI on my neck. He said "no falls claimed" even though I showed him the bruises on my knees from a previous fall, and it is well documented in my records, which proved he had lied about that. He also failed to mention the wheelchair I have been referred for, amongst plenty of other things.

 

This care bloke read out the list of things from my application form which I said I had difficulty with then said the 'Dr' who visited me said that I was capable of all of them. He asked why I thought this was, so I said about the problems I had with this report, and how upset I had been on receipt of this report.

 

It just made me feel like we were on trial, it was soooo distressing. Anyway, we were finally asked to wait outside and were called back in to find out that we had been awarded low rate mobility and low rate care, after medical evidence and we had told them I could hardly walk, I use 2 crutches, and need help 24/7!!!

 

CAB had told us that we deserve high rate mobility and at least middle rate care, so, if we meet the requirements, how can they only award low rate for both components?

 

My question is, where can I go from here? Can I appeal this? They don't seem to have listened / they couldn't even hear me properly as it was in a big court room, and I had to keep repeating my answers. Do I stop the claim and reappeal, or can I keep claiming and submit another claim as I saw earlier on another post?

 

Apologies if this is a bit longwinded, I wanted to give a bit of background. Thanks in advance

[Nystagmite]

You can only appeal to the upper tier tribunal on the point of law.

[purplemel]

I thought as much, but surely he should have been awake and paying attention?

[Nystagmite]

I would be tempted to complain about that. I think it's the tribunal service you need to complain to.

[purplemel]

OK, thanks. I'll do that definitely. I was furious!