Lost my first tier tribunal for DLA Motability & Care

Shinook

I'm not too sure what to do next after losing my tribunal. I'm having my motability car taken off me which will leave me house bound 24/7. I've also had my care component taken from me. Does anyone have any advice as to what to do next? I don't have anyone to represent me and don't really want to go through it all again but without my car I'm not going to be able to go anywhere as I'm on crutches with a degenerative spinal condition and prolapsed discs. Obviously if I don't appeal again they will think that I'm not that bad but it's just so stressful to go through. Is it also correct that if you only get Incapacity benefit you aren't entitled to Income support even though I was getting it 4 years previously? I'm, so confused and can't get into the CAB!

A_Flock_Of_Sheep

I am highly surprised you lost this if you turned up to the tribunal on your crutches and had definitive medical evidence and support.

Breast_Cancer_Survivor

Did they give you a reason why as I also find it hard to believe if you are as ill as you say & have medical evidence to back it up.

kurgon

H - as stated above there is limited information. I would have expected that with prolapsed discs you would be using a wheelchair. Do you use the crutches more for confidence or are the a necessity? Also, do you have any specialists involved?

daska

I think you probably need to look at your supporting information. My MIL has a degenerative spine condition and 2 prolapsed discs and doesn't use any walking aids let alone a w'chair. She still walks best part of a mile into town.

That's not to say that I think you don't deserve the benefits you've been in receipt of, at times she has been bent double and barely able to even walk around the ground floor using a zimmer.

sunnyone

Shinook wrote: »

I'm not too sure what to do next after losing my tribunal. I'm having my motability car taken off me which will leave me house bound 24/7. I've also had my care component taken from me. Does anyone have any advice as to what to do next? I don't have anyone to represent me and don't really want to go through it all again but without my car I'm not going to be able to go anywhere as I'm on crutches with a degenerative spinal condition and prolapsed discs. Obviously if I don't appeal again they will think that I'm not that bad but it's just so stressful to go through. Is it also correct that if you only get Incapacity benefit you aren't entitled to Income support even though I was getting it 4 years previously? I'm, so confused and can't get into the CAB!

You will get incapacity only from now on (until you are reassessed for ESA and this lost DLA claim will be their for ATOS to use against you which I think is very, very wrong) and if you got extra HB/LHA and/or tax credits these will now go back to the none disabled rates.

You can only appeal the tribunal on a point of law, you cant appeal an appeal because you dont like the findings and you will need legal help to find any errors that the tribunal have made in law.

Many people will be in the same boat as you soon with all the changes coming, everyone needs to make sure that they have all the evidence that they possibly could get ready because anyone can be reassessed at any time and getting DLA previously has no bearing at all on wether you will be awarded it again.

Did you have plenty of evidence of your condition/s and of how they affect your care and mobility OP?

You can reapply for DLA but they DM will have details of this failed claim along with your new application.

rogerblack

sunnyone wrote: »

You can only appeal the tribunal on a point of law, you cant appeal an appeal because you dont like the findings and you will need legal help to find any errors that the tribunal have made in law.

As I understand it, an error in law can be something like the tribunal did not properly apply the law - for example, they accepted facts of your disability, but came to an erroneous conclusion on those facts - for example accepting you've got no legs, and then not granting the correct rate of DLA, for a silly example.

Or it can be that they did not properly consider all the evidence before them.

You need to get the written statement of reasons, and study this for this sort of error.

Also, if you condition has substantially worsened since your application, then you can apply again afresh.

GlasweJen

It can be anything really, did your evidence gear towards your care and mobility needs or did you focus on your disability?

sunnyone

rogerblack wrote: »

As I understand it, an error in law can be something like the tribunal did not properly apply the law - for example, they accepted facts of your disability, but came to an erroneous conclusion on those facts - for example accepting you've got no legs, and then not granting the correct rate of DLA, for a silly example.

Or it can be that they did not properly consider all the evidence before them.

You need to get the written statement of reasons, and study this for this sort of error.

True but normally only legal bods can really help at this stage, its rare to be allowed to go to the 2nd tier tribunal.

Everybody wants to go to the 2nd tier tribunal but only a few appeals are allowed when they have have irefutable proof that an error in law was made at the first appeal.

sunnyone

GlasweJen wrote: »

It can be anything really, did your evidence gear towards your care and mobility needs or did you focus on your disability?

I dont understand you reply jen, you cant go to the second tier tribunal if the claimant has mistakenly given the wrong evidence for their claim and tribunal resulting from that claim.

The claimant is responsible for providing the evidence to that they have care/mobility needs.

Breast_Cancer_Survivor

sunnyone wrote: »

I dont understand you reply jen, you cant go to the second tier tribunal if the claimant has mistakenly given the wrong evidence for their claim and tribunal resulting from that claim.

The claimant is responsible for providing the evidence to that they have care/mobility needs.

I got my 2nd appeal based on the fact that they didn't offer me an oral hearing & despite me providing the name of my OT regarding my recently diagnosed asperger's they choose to use evidence from my Pyschiatrist that thought I had borderline personaility disorder instead.

Infact he wouldn't believe I had asperger's despite the fact i'd been diagnosed as he hadn't seen the report *rolls eyes*.