ststement of reasons

[honour2012]

Hi all

just received statement of reasons from my failed DLA tribunal in August 2012.

 

I am so angry I could swear it is full of lies.

 

I drove my wifes car once in 6 months and they said I regurlarly looked after my grandchildren and collect them from school.

I drove my wifes car for 5 minutes.

I had been issued a wheelchair by the GP.

 

While I was waiting for the NHS wheelchair I hired one from the red cross.

 

They said I said I was using the wheelchair temporarily, which is an utter lie, they even said I said I can't brush my own teeth, another lie.

 

They tried to trip me up all through the interigation then said I was not a credible witness.

 

They said the OT didn't request a wheelchair we know that the GP requested that and we even sent the letter in.

 

So going to see if there is an error of law, have to give the reasons to the benefit welfare advisor and see where we go from here.

[estellyn]

do you have the transcript of proceedings? If not, request it from the Tribunal service.

 

If the Tribunal in their justification, neglected certain information provided or twisted it then a case can be made for an appeal to the Upper Tribunal.

[honour2012]

hi thanks for the reply did ask for the transcript but all that come was the statement of reasons plus what looked like the judges notes, as all in the same writing going to see BWA tomorrow to let her have a look then ask again for the transcipt. Still fuming also been told that any further claim will be rejected within 6 months of the tribunal its so unfair think the stree will kill me first bp is 186/98 and thats on BP tablets.

[honour2012]

Hi are the tribunal hearings recorded does anyone know.

[estellyn]

hi thanks for the reply did ask for the transcript but all that come was the statement of reasons plus what looked like the judges notes, as all in the same writing going to see BWA tomorrow to let her have a look then ask again for the transcipt. Still fuming also been told that any further claim will be rejected within 6 months of the tribunal its so unfair think the stree will kill me first bp is 186/98 and thats on BP tablets.

 

The judges notes are the transcripts. Some Tribunal venues record, but none that I've been to, I think it is rare.

 

Who told you that you have to wait 6 months to reapply? I'm not aware of any rule that says this unless it has changed recently.

[honour2012]

hi thanks for your reply our BFW said the decision stays on the screen for 6 months so an automatic refusal I personally don't thimk that is the case. Going to DIAL this am with the new form and up to date evidence to see where we stand. Will keep you informed of the progress.

[estellyn]

hi thanks for your reply our BFW said the decision stays on the screen for 6 months so an automatic refusal I personally don't thimk that is the case. Going to DIAL this am with the new form and up to date evidence to see where we stand. Will keep you informed of the progress.

.You may get 'automatically' refused, but if you do its due to local policy and not due to law. Put in a claim, if you get refused, request a reconsideration.

 

The Tribunal decision is regarding how you were at the date of the original DWP decision, which can be a year before the eventual Tribunal - which would mean they would be denying you reapplication for maybe 18 months after the original decision.

[Nystagmite]

hi thanks for your reply our BFW said the decision stays on the screen for 6 months so an automatic refusal I personally don't thimk that is the case. Going to DIAL this am with the new form and up to date evidence to see where we stand. Will keep you informed of the progress.

 

That makes no sense. In 6 months, your needs may have changed and /or you have a new diagnosis. Your DLA is based on what you're like now.

 

I was told that too - makes no sense when I was applying with a new diagnosis.

[honour2012]

Thanks for all your replys I will be putting in a new claim this week. Will keep you all posted.