DLA appeal again, This is different

[karen***]

Hi all hoping to get some advise, hope I am in right place. I had applied for DLA in 2011 because my mental health condition was getting worse and I was struggling to be mobile around the house. I also now suffer from agoraphobia. I had an appeal in February this year and failed it the woman was a right cow and gave the impression that I was lying to her, because I contradicted my walking distance, I can't remember what I did this morning never mind over a year ago. Anyway I requested a statement of reasons, I am glad I did because there in black and white was a number of matters that would have come under the 3rd tier on a matter of law. I wrote to the tribunal place to request that it went further on a matter of law. They wrote back with further matters of law but instead of going to the upper tier a new appeal would be heard as soon as possible. I had a letter last week giving me a date, 1st July, quickest one I have ever had.

I need advise on how to manage this appeal, if they know I requested upper tier and they know the 'legal' woman would this be held against me. My condition is getting worse and will never get better and according to my psychiatrist it is getting worse faster than he expected.

Sorry for drawing this out but I need help (CAB and welfare rights are taking no new appeals on)

[fedupandold]

Hi all hoping to get some advise, hope I am in right place. I had applied for DLA in 2011 because my mental health condition was getting worse and I was struggling to be mobile around the house. I also now suffer from agoraphobia. I had an appeal in February this year and failed it the woman was a right cow and gave the impression that I was lying to her, because I contradicted my walking distance, I can't remember what I did this morning never mind over a year ago. Anyway I requested a statement of reasons, I am glad I did because there in black and white was a number of matters that would have come under the 3rd tier on a matter of law. I wrote to the tribunal place to request that it went further on a matter of law. They wrote back with further matters of law but instead of going to the upper tier a new appeal would be heard as soon as possible. I had a letter last week giving me a date, 1st July, quickest one I have ever had.

I need advise on how to manage this appeal, if they know I requested upper tier and they know the 'legal' woman would this be held against me. My condition is getting worse and will never get better and according to my psychiatrist it is getting worse faster than he expected.

Sorry for drawing this out but I need help (CAB and welfare rights are taking no new appeals on)

 

First of all it matters not how you are today, yesterday or even last month. The Tribunal are only concerned on how you were when the original decision was made to fail you by the DWP.

 

If you are worse now then you should supply a new claim, based on this new health problem and the extra needs that it is creating.

 

You should have a copy of the original claim form in front of you to remind yourself what you put on it. It could well be over 12 months ago by now.

 

What evidence did the DWP use to say that you didn't qualify? Did they write to your GP or Consultant? Or was it an ATOS assessment?

Once you know why they say they failed you originally, then you can produce evidence to show that their opinion or version of events is totally wrong. It is quite normal for the DWP to write to your GP before making the original decision. However, the form they use is just not fit for purpose and more often than not the GP has said that they don't know the answers - the DWP will read that as meaning - they don't know the answers so presumably there is absolutely nothing wrong with you and that you are another of these chancers trying to screw money out of the State.

 

When you have the evidence used by them in front of you - get back on here to plan your hearing at the new tribunal. No they won't hold it against you.

[karen***]

I did put a new claim in back in March, the reason they refused it was "Using the findings from my appeal in February" but this suited them if I win the appeal coming up will they award!! don't think so. Although the appeal in Feb. was to be removed for reassessment.

[karen***]

I had my appeal last Monday....I felt like I was being charged with murder they didn't give me chance to answer and it should have had a short break because I was confused and upset. My care worker and ex husband (who is my carer) came in for moral support and my care worker who has been to many appeals said it was a shambles. They rushed me and confused me. As you can probably guess my appeal failed. I was upset and angry and my care worker said that the 'gp' should have stopped it as they could see what they were doing to me. My care worker has now drafted a letter of complaint to the appeal tribunal. I know that they are only doing their job but it has taken from Monday to today (Friday) to recover from my ordeal. In my letter telling me that it did not go to upper as it would be heard again by 1st tier it stated that the previous WSR would be removed from my case paper, it wasn't the judge constantly referred to it throughout the appeal. What can I do now? I have already asked for a supersession on my new claim but this is making me ill I can't cope with it all.