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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. :evil:

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. :unsure:

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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11 years 9 months ago #109965 by Gordon
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

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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

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11 years 9 months ago #110029 by slugsta
Replied by slugsta on topic D.L.A. Appeal
The tribunals are part of the courts, they are independent of the DWP.

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