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D.L.A. Appeal
- Westcoastphil
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11 years 9 months ago - 11 years 9 months ago #109937 by Westcoastphil
D.L.A. Appeal was created by Westcoastphil
Until the end of 2012 I was receiving both elements of DLA (indefinitely). I then received a letter telling me that I was to lose all my allowances immediately, even though my Osteo-Arthritis was slowly getting worse.
I requested a written statement of the reasons for this decision, I received the statement quite quickly, the reasons given were the same reasons given when I received the allowance.
I appealed and it was arranged I would be given a Medical examination and report, this Doctor asked me to walk two metres across my Lounge, I managed this although in a lot of pain. His report stated I could walk two hundred metres with no discomfort.
He asked to look at my feet to see how the Arthritis had affected my toe joints, my wife removed my shoes and slippers, his report stated I could dress/undress my lower body without any problems.
Three months later I appeared before a Tribunal, one of the members seemed sympathetic, the other two were quite aggressive. They took no cognicence of the information on my claim form and ignored a very supportive letter from my G.P.
My Appeal was refused, I have requested a written statement of the reasons and hope to take my case to an Upper Tribunal.
I feel that the procedures are most unfair and can be biased against the disabled person by only using 'evidence' that suits them. If a tribunal can just ignore a letter from a G.P. what chance do we have.
The 'independant' medical is anything but independent, as it is produced by a member of their own staff.
I requested a written statement of the reasons for this decision, I received the statement quite quickly, the reasons given were the same reasons given when I received the allowance.

I appealed and it was arranged I would be given a Medical examination and report, this Doctor asked me to walk two metres across my Lounge, I managed this although in a lot of pain. His report stated I could walk two hundred metres with no discomfort.

He asked to look at my feet to see how the Arthritis had affected my toe joints, my wife removed my shoes and slippers, his report stated I could dress/undress my lower body without any problems.
Three months later I appeared before a Tribunal, one of the members seemed sympathetic, the other two were quite aggressive. They took no cognicence of the information on my claim form and ignored a very supportive letter from my G.P.
My Appeal was refused, I have requested a written statement of the reasons and hope to take my case to an Upper Tribunal.
I feel that the procedures are most unfair and can be biased against the disabled person by only using 'evidence' that suits them. If a tribunal can just ignore a letter from a G.P. what chance do we have.
The 'independant' medical is anything but independent, as it is produced by a member of their own staff.
Last edit: 11 years 9 months ago by . Reason: Tick.
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- Gordon
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11 years 9 months ago #109965 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic D.L.A. Appeal
Westcoastphil
Tribunals cannot ignore evidence, however, they are entitled to give each piece of evidence a different weight, if they have not given much weight to your GPs letter then they also need to explain why, this should be in the Statement of Reasons.
Gordon
Tribunals cannot ignore evidence, however, they are entitled to give each piece of evidence a different weight, if they have not given much weight to your GPs letter then they also need to explain why, this should be in the Statement of Reasons.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 9 months ago #109974 by
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- Westcoastphil
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11 years 9 months ago #110022 by Westcoastphil
Replied by Westcoastphil on topic D.L.A. Appeal
Hi,
I am hoping that I will be able to take my case to the Upper Tribunal, at the moment I feel as if two of the Tribunal members either think I have exagerated my medical problems/disabilities or I have told lies, both of which stick in my throat quite a bit.
No matter what the outcome of the Upper Tribunal (if I am able to take my case there), I have no confidence that any further hearings/tribunals would be fair and unbiased. At the moment I am thinking that any future hearings will be unsuccessful no matter what independent evidence I am able to provide.
Westcoastphil
I am hoping that I will be able to take my case to the Upper Tribunal, at the moment I feel as if two of the Tribunal members either think I have exagerated my medical problems/disabilities or I have told lies, both of which stick in my throat quite a bit.
No matter what the outcome of the Upper Tribunal (if I am able to take my case there), I have no confidence that any further hearings/tribunals would be fair and unbiased. At the moment I am thinking that any future hearings will be unsuccessful no matter what independent evidence I am able to provide.
Westcoastphil
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- slugsta
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11 years 9 months ago #110029 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic D.L.A. Appeal
The tribunals are part of the courts, they are independent of the DWP.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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