DLA statement of reasons legal help

refused DLA 9/11/11 asked for set aside, refused, asked for statement of reasons recvd 11/4/12, the panels decision was reached based on a medical report from 11 mths prior to my application for DLA is this legal? also was sent decision notice day after appeal which states majority verdict no DLA awarded however statement of reasons contains a decision notice which states decision was unanimous, also they have my date of birth wrong day & month i feel i have a case against this decision but please if anyone can confirm this i'd maybe get some peace of mind over the weekend.

11 Replies

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  • Who was the medical report from ? Have you got a copy ?

    If you think they've got something wrong I'd challenge them . I'd also seek support from the welfare support agency or CAB or similar .

    I don't understand the legal terms they use , but they do make mistakes and in my opinion it's best to keep on challenging them .

    When I had my incapacity benefit taken away ( it was actually SDA at the time ) I had legal representation from a local law centre , I qualified for legal aid. I took them to appeal and I think if I hadn't had a solicitor I'm not sure the outcome ( my benefit was reinstated ) would have been the same. I didn't understand the terms they used and when I got a copy of the assessment I'd had with ATOS , half of the questions I'd answered had been wrongly recorded.

    So yes, if there's something you disagree with ask them to explain and if they've gotten information wrong ask them to correct it.

  • Hi Helen, the medical report was by ATOS HCP in april 2010 ( for my ESA claim) had to go to appeal with that & won my appeal however as my health had deteriorated in 2011 i filed a claim for DLA, this was rejected by DWP reason for decision was based on the medical report from 2010, i wrote challenging this by saying how can they use a report that is 11 mths old , would they backdate my money by 11 mths should i win my appeal for DLA & more importantly why would they use a medical report that i had already challenged & won, DWP replied stating i was correct they couldn't use the medical from 2010 & promptly arranged a new medical for me which came back unsurprisingly stating that i was in tip top health!lol, however the 2010 medical is the only medical referred to in the statement of reasons i have received for DLA appeal and seems to be all that the panel based their decision on, also the 2 different decision papers 1. majority & 2nd unanimous, i not only want a set aside or decision overturned, i also want to take on the panel judge & HM courts as i feel they are responsible for failing to train the judge correctly & for failing to make sure only admissable evidence be put before the panel. Also found out today that the clerk of court who sits in on hearing doesn't take notes & the judge doesn't have to file panel notes to HMcourts unless a claimant requests statement of reasons, therefore the judge is given carte blanche to do as he pleases unless challenged, i feel this is outrageous that a judge nor such an important event as an appeal hearing is documented anywhere. the more i find out just how unjust this whole system is the more hopeless i feel. :-(

  • Do you think you'd be entitled to legal aid ? I have no legal knowledge but it does seem unfair that you've been judged on an out of date and incorrect medical assessment , and it seems highly unlikely to me that the second medical assessment they did is correct either . I was under the impression that the DWP have to provide someone with knowledge of Fibro at appeal and tribunal and also that the ATOS medic who carries out the medical must also have been trained . Do you think that was the case ?

    What's your local MP like ? Is he/ she approachable ? It helps if you can get someone with clout on your side I think.

    I really think you need to talk to someone who has legal training , is there a solicitor in your area who offers a free initial 30 minutes ? Or can the CAB help ?

    The whole thing is a minefield and to be frank I don't think they know what they're doing half of the time. This is only going to get worse as the DWP themselves seem unable to understand the new laws brought in and the new PIP laws are going to be a nightmare too.

    My advice would be seek advice from a solicitor if you can, and the CAB or similar if not.

    Sorry I can't be more help, it's so frustrating I know. And yes, the system is very unjust .

    Hugs

    xx

  • Hi, I am not a guru on civil law or benefits, however I would ask for the policy that relates to what medical evidence they can base there opinions on. I would suggest that they have to use the latest medical reports and these should be requested from your GP. I am presuming you have seen your GP since that 2010 report and has your health got worse since 2010?

    That report would be admissible in court, however companies/employers/medical staff/Judges would need the latest evidence, otherwise the case presented to them would not have the whole evidence that is applicable to your case.

    I have to say the whole court system is a joke, where criminal or civil.

    ATOS seem to be a shame too.

    I wish you luck xx

  • Thanks for your replies, i agree the whole thing seems to be a complete joke, even the ministry of justice who regulate HM courts & tribunals seem to have their A**es covered, i've managed to get a lawyer appointment next thursday, but to be honest my fibro fog is now so bad with all these papers, legislation, regulations etc i probably wont even know my own name come thursday. i really really feel like the whole system is corrupt & certainly doesn't seem to be easy to fight, especially when you are ill, its no wonder that so many poor people take their lives while going through this system. I really appreciate you both replying to me, just joined here today as i feel so alone & vulnerable being ill, not many people can understand what this illness does to you, & then there are those who tell me fibromyalgia doesn't exist ( my own father ) so i do really appreciate you both taking the time to reply, thank you.xx

  • If you think you may forget by next week, jot down the key points you need answers to .

    This Fibro fog is blummin horrible sometimes , but lists can sometimes help. Put all the relevant papers in a folder and mark it in big letters and leave it somewhere you can see it ( not in a safe place because we all know safe places disappear when you take your eye off them lol ).

    You need never feel alone now you've joined here , it's the one place I've found where people support, understand and don't judge .

    It is hurtful when people think it's all in your head , I've got an autistic son and he looks " normal " , had a few show downs over the years with people I can tell you !

    We know it's not all in your head so don't listen to the doubters .

    Hugs

    xx

  • Thanks Helen, got all papers in bundle ready to sort out tomorrow ( no spoons left tonight) & will do as you have suggested. feel better already just reading your messages. shona xx

  • who said corupt.......i think you hit the nail on the head there..xx

  • i do feel for you i have hd forms sent back to me with wrong things on then name date of birth these forms are importent and if they get these things wrong what else do they get wrong love to you diddle x

  • thats what i feel too, we are put under so much pressure to get documents posted within set timescales etc which is a real challenge when you are ill, even with help from someone, but they seem to be able to do what they like when they like, errors no matter how large, fundamentally important are just brushed over as a slip of the pen, so much for the great british justice system diddle, i started off with a physical illness but with all this DWP stuff i am now practically insane, mental health not good at all, stress, anxiety, fear ........... wishing you a peaceful night , and hopefully catch up with you again.xxx

  • Hi

    Wishing you all the best in your appointment on Thursday. And a whole new future with love and support from all on this site. My family also give no support, it upsets me all the time. I now put it out of my mind and concentrate on what is important. Take an MP3/4 player to record your meeting with your solicitor. You will need their permission. It is great to be able to refresh your memory later. Good luck Fi x

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