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Re: DLA help.


smashedsanny
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so Thursday the 12 was my day, there was a judge a doctor and a disabled old man, My lawyer the day before said he felt I could do it myself , and left me in the lurch why I don't know.

 

So on the morning my daughter of 26 and my partner came with me, on arrival I put in my medical letter why because my lawyer had not.

 

the judge explained to me that I could cancel the meeting there and then, but we are about 4 weeks off the two year anniversary of this all happening.

 

the judge asked if My partner wanted to be my witness (I was shocked did not know I could have called witnesses.

first up dvd footage they had taken of me, the Man representing the sectary of state told the judge its only 20 mins long, I have seen this dvd and explained to the judge it was infact 45 mins long with only 20 mins of me in it and with 7 mins of that repeats, after it was watched for a bit she asked for it to be put off as she said it was not very good, after a comfort stop we reconvened, where she asked the fraud department about the dvd I then got to question him which I did ok, but with not realy knowing what I should and should not ask I just ripped holes in his evidence, then the Dr asked about my illness up and down in and out round and round for about and hour, then the disabled man well omg talk about power struck he was to ask me about how I get on with personal stuff,

 

well he started going on about the exercise that I do, I was referred, by the pain dr and physiotherapist to go to a spin class as to travel to the hospital was a good 45 min drive away, and since when at physo all I did was sit on an excersice bike well seen he knew nothing about spin or excesses bikes, at this point the judge stopped him and asked him to stop and ask about help I need when he went off about the form I filled in in 2005,

 

in 2005 I called the dla to fill in a renewal form the told me to write down on my worse day, when I said the there guy from the state huffed, at this point the judge said to the old man no more question from you and she then asked about cooking dressing and showing, then called in my partner asked him what he dose for me, I then got the chance to do a closing statement after the guy from the crown, when he started rambling she cut him off and gave him and earful,

 

It summed things up as best I could and pointed out that they the state had lost a letter of support that I had sent in, I explained the proof of this , she then asked is this a similar, letter that my new dr (since my old one retired) that all took 4 hours, since I did not have a rep she said they would post out the findings.

 

 

So here I am sitting here thinking this letter will come tomorrow, replaying this over and over thinking I should of said this, and that, any words of encouragement, or advice please to get through this , to make matters worse I am at hospital again today to see about getting my spinal surgery, joy and happiness

Edited by citizenB
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Hi smashedsanny,

 

I have started a new thread for you.

 

Regards,

 

Scott.

 
 

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:smashedsanny:

 

No, it isn't normal. Well not south of the border anyway. A tribunal decision that isn't handed over on the day is usually sent out, via first class post, within the next two working days. Of course, one explanation could be postal delays cos it's December.

 

Alternatively, your tribunal hearing wasn't what I'd describe as routine. Four hours, with video evidence and a presenting officer, but at the last minute without legal representation or witnesses, may mean that the tribunal panel couldn't reach a fair decision. So they decided to adjourn for one of any number of reasons, for example, further documents from disability n carers, or to let you source alternative representation. From what you've written it's possible your dispute includes some technical payment issues as well. However if the tribunal panel couldn't reach a decision from the evidence on the day, they should have issued a notice of adjournment together with any directions they want the parties to follow in preparation for a reconvened hearing.

 

If you don't hear anything tomorrow, and don't want to be left wondering, I'd suggest you contact the Tribunals Support Centre in Glasgow for an update.

 

Margaret.

Edited by **Margaret**
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  • 4 weeks later...

well the letter arrived just before Christmas and I was not guilty of committing fraud, So two years of following me filming me at one point having a team of 6-8 people watching my every move, and the 4 hours oh yes 4 hour with the appeal panel, you have to wonder how much all that cost, and on top of that they now owe me money,lol

But now I have been taken off incapacity benefit and put on the employment thingy, lol not even the support group its a joke in March I am going in for a spine op so if I was working I would be off sick but they want me to get ready for work so guess what yet an other appeal, oh the joy of the dwp/atos

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:smashedsanny:

 

:thumb: Pleased CAG helped you to land your entitlement to disability living. You can hit the triangle below your post if you'd like the title of your thread changed.

 

Average cost of a social security tribunal during 2010 (it's almost certainly higher now, especially for a disability living tribunal which has an extra panel member) was £350ish. And that's without the film crew!

 

https://www.whatdotheyknow.com/request/cost_of_an_appeals_tribunal#incoming-277891

 

Are you planning to appeal for employment n support with the support component? If so, CAG has a guide to appeals at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

Booklet at the sixth link in #1 outlines the criteria for the support component. Descriptors on pages 26 - 28. Exceptional circumstances on pages 11 - 12.

 

Current Jobcentreplus policy is that claimants in receipt of the work related activity component can't be mandated to the work programme pending an appeal for the support component. Also, 'a requirement to undertake work related activity ...... must be reasonable in the claimant's circumstances'. And Jobcentreplus have to consider 'whether the claimant's physical or mental health or condition made it impractical to undertake work related activity at or by a particular time'.

 

https://www.gov.uk/government/publications/decision-makers-guide-vols-8-and-9-employment-and-support-allowance-staff-guide

(Chapter 53, sections 53036 - 53053)

 

:panda: Best wishes, Margaret.

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Yes we can change the title...what would you like it to say smashedsanny?

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