DWP Tribunal appeal disallowed :(

sab_100

Hi everyone,

Can anyone tell me what I should do as I ent to an appeal today which I applied for in May 2010. I had spoken to the decision maker at the dwp and he said it was up to me to collate and send in dr's reports or any further evidence to support my claim as I was taken from MRC to LRC even though my needs have greatly increased. I had a Dr from the dwp sent out last Aug 2010 but he was more interested in the house and area and made comments on my car in the driveway! I went to my dr and the 3 consultants that are seeing me currently and also my physio as I see her every 2 weeks. I have peripheral neuropathy and ME. This is the bit I dont understand, even though the reports from all the medical professionals that I have submitted in the past month clearly state that my situation has greatly deteriorated, the panel based their decision on my abilities from May 2010. The reports that I had submitted were disregarded yet the medical evidence that I sent in my original paperwork was from 2009/2010 and they said that it was too old!!! I really dont know what to do not as they have stated that I remain entitled to the LRC as I satisfy the main meal criteria.
They have took nothing into account from my previous medicals just what the Dr who came out said which was that I was fine in the night ( which I am really really not!) and I need limited help in the day. I need help with buttons, lifting kettles, anything to do with my hands as I can not feel them properly, I have constant cramp in my hands, feet and legs and cant walk properly!!! Oh but by the way " its really nice down here" as the Dr said!!!

any ideas please? I am not sure if I need to reapply with my current reports as the panel kept stating that they could see the reports and agree that my abilities have changed but their decision mus be based on last may 2010!:wall::wall:

Cpt.Scarlet

Tribunals are only allowed to consider evidence that pertains to the time of the decision you appealed. This means they cannot consider anything that relates to your condition having got worse since then.

You can appeal to the Upper Tribunal, but you would need to show there had been an error of law or procedure in the original hearing.

Your best bet is to contact the DWP with a change of circumstances based on your condition now, which hopefully will get your claim uprated.

cit_k

In the meantime you can request a statement of reasons from the tribunal which will detail how the came to the decision, you can then have that checked to see if any errors of law or procedure were made. I recommend a welfare rights advisor looks at it.

caela_2

I think if you've got worse you should make a new claim or update an existing one, it's difficult since the tribunal will be judging for the claim you have already made and any changes should be reported to DWP not the tribunal service. Is it too late to contact DWP and ask for their advice?

wottonby

sab_100 wrote: »

Hi everyone,

Can anyone tell me what I should do as I ent to an appeal today which I applied for in May 2010. I had spoken to the decision maker at the dwp and he said it was up to me to collate and send in dr's reports or any further evidence to support my claim as I was taken from MRC to LRC even though my needs have greatly increased. I had a Dr from the dwp sent out last Aug 2010 but he was more interested in the house and area and made comments on my car in the driveway! I went to my dr and the 3 consultants that are seeing me currently and also my physio as I see her every 2 weeks. I have peripheral neuropathy and ME. This is the bit I dont understand, even though the reports from all the medical professionals that I have submitted in the past month clearly state that my situation has greatly deteriorated, the panel based their decision on my abilities from May 2010. The reports that I had submitted were disregarded yet the medical evidence that I sent in my original paperwork was from 2009/2010 and they said that it was too old!!! I really dont know what to do not as they have stated that I remain entitled to the LRC as I satisfy the main meal criteria.
They have took nothing into account from my previous medicals just what the Dr who came out said which was that I was fine in the night ( which I am really really not!) and I need limited help in the day. I need help with buttons, lifting kettles, anything to do with my hands as I can not feel them properly, I have constant cramp in my hands, feet and legs and cant walk properly!!! Oh but by the way " its really nice down here" as the Dr said!!!

any ideas please? I am not sure if I need to reapply with my current reports as the panel kept stating that they could see the reports and agree that my abilities have changed but their decision mus be based on last may 2010!:wall::wall:

Could I ask one simple question. When you had the DWP doctor come to your home, did he/she insist that you sign the report he/she compiled?
And did you sign it? Did you read it all?