HELP AGAIN PLEASE!!

HI,i have recieved the judges statment of reasons about my tribunal,{my benifit of dla have stayed the same] i was trying for extra care as my health has deteriorated,this is my second tribunal for same claim from 2010!! i know you can only challenge then on points of law,the statement wasnt completly true they used "part" of sentences ,if you know what i mean..i have put in a new claim for DLA to "LOOK AGAIN " at my claim,filled in by a nice woman from CAB,and we sent loads of information,so my question is [AT LONG LAST! SORRY FOR WAFFLING] what exactly are the POINTS OF LAW"?,,I CANT GET HOLD OF cab till next week so any imput would be very helpfull...i have fought this far and im not giving up!!! love to you all xxxx

6 Replies

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  • Hello there PM, sorry to hear you are going through all of this at the moment. You have come so far, don't give up now. Keep fighting, In my personal opinion I would go to speak to the CAB, see what advice they can give you, they are really clued up on this sort of thing.

    Here is some info about upper tribunals and points of law, info obtained from the Disability Law Service, please see note below too (N.B.**) -

    "Do I appeal?

    The question of whether you appeal or not is based on whether the tribunal have made an error of law. It does not matter if you did not have the best evidence with you. Nor does it matter if you have better evidence now. The Upper tribunal will only look at the decision the tribunal made on the day with the evidence they had in front of them at the time.

    What is an error of law?

    a. The tribunal were wrong in their application of the law, i.e. it misinterpreted a

    previous decision or a statute.

    b. There was no evidence to support the decision that the tribunal came to.

    c. The tribunal made decisions after getting the facts wrong in the case.

    d. A breach of procedure/breach of natural justice, for example: irrationally not

    allowing an adjournment; not allowing you to call witnesses; no interpreter or bad

    interpretation; you did not get notice of the hearing; you did not receive the Department of Work and Pensions’ submission; you asked for an oral hearing but

    one did not take place.

    e. The tribunal did not give adequate reasons for its decision.

    f. The Tribunal accept a government Medical Report such as one performed by

    ATOS Healthcare over your GP’s medical report without giving good reason of

    choosing one over the other.

    Not an error of law

    It is not an error of law if a different tribunal would have come to a different conclusion

    but the original tribunal did not make any of the above mistakes."

    (**N.B. Please bear in mind the information above isn't official, it's advice from the Disability Law Service and does not replace info from the DWP/ATOS etc.)

    _________________________________

    Hope this helps. It's a bit of a minefield I have to admit which is why I would suggest you speaking to the CAB for advice on how to proceed.

    Wishing you all the best. Please know that we are always here for you and we will do our best to help and support you along the way.

    (((hug))) xxx

    Libs

  • hi libs,mm yes it did help,as i said i cant contact the lady from CAB till monday,i agree it is a minefield,the spokesperson at tribunal asked me if i would concider wearing pads at night so that my son didnt have to stay with me,i responded by saying..".im not incontenent its just my legs and arms go numb when iv been to sleep and need help to get to my comode otherwise i would have an accident"..she said.."dont you think you are being selfish to your son? i replied well im sorry but i have dignity,she replied .."so you wouldnt even consider pads?..no,and im sorry to say its just tough,but my son understands how its important to have dignity....IM telling you this libby,so you can understand my frustration...when i recieved the Statement of Reasons..it said,,,client was asked why she wouldnt consider pads thus freeing her son from night tume care upon which the client replied TOUGH!!!...............I WAS FURIOUS!! as thats not how i said it...but dont know if i have an argument regarding that ,jenny xxx

  • I can understand how you feel, please let us know how you get on. We are always here for you PM. xxxx (((hug)))

  • Hi Pm

    as Liberty says do not give up fighting for something that you need to help your daily living!

    Keep going back do not stop as hard and tough as it be and go to your Dr too and the stress it is causing you to do so and stress causes symptoms which does not help matters either.

    I have not yet put in a claim so no idea what it will be like i only know from others on here and waht is said.

    it is all about you and what you manage, your Medical history and all the help you can get .

    why you have to prove anything is beyond me.

    we have 'decent' days but that is usually high as a kite to help get through a standard day and wehn your down your down.

    I wish you luck on succeeding and keep us posted and keep going to your GP.

    have you got help with adaptions etc.. i dont even have DLA OR ESA but social services helped me out immediately with things within days they were there , except the hand rails (my priority things i need outside ) i hope this all adds to what is needed and yet i and many others look like we have nothing wrong but doing the basics in life every day to get through is just a step by step way as what else we supposed to do.

    ok so thats me all talked up now xxx

    big hugs to you xxx

  • hi thanks for our reply..i am going to write to the tribunal judge again and ask for a copy of all audio recording of my hearing ! as what they said in report is ..as i said...NOT exactly what i said ..so lets see what their responce is to that!! i have a good letter from my doctor and mental health nurse and i go to doc regular xx

  • Have you got the Benefits & Work guides? These are very good and if you email info@fibroaction.org our Admin Emma can send them out for free.

    There is some info and resources on this page too:

    fibroaction.org/Pages/Benef...

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