DLA Tribunal Help Please

cool-dog

Hi,

In November 2011, my partner had his ATOS assessment. We received a letter shortly afterwards stating that with effect from January 2012 he would lose his lower rate mobility, and would be moved from middle rate care to lower rate care. As it was deemed he no longer met the requirements for these!

We appealed and received an appointment for an appeal with HMCTS for March, we turned up to the tribunal, went into the tribunal, after a few minutes they discovered they were not provided with all the documents needed from the DWP, so they apologized and said they would have to book a new tribunal. At it should only be a month or so, well 3 months down the line we have not heard a thing, my partner called the DWP the other day and was advised they can't do anything or advise when the tribunal is likely to be.

Since the assessment, he has been awarded a blue badge, he has applied for a badge several times before and it had always been declined, but his health has deteriorated in the last year or so.

The ATOS assessment was a complete joke, the 'assessor' did not understand what some of his medical conditions were, they are not rare exotic conditions. She was not asking to see if he knew what they were incase he was faking, she genuinely did not know and it seemed she was struggling with her use of the English language (not a racist comment, she was genuinely struggling).

My partner has the assistance of a benefit specialist who attended the tribunal and will attend the next. She has stated that he should win the appeal, his doctor has stated he should win the appeal, and even one of the medical professionals at the tribunal before it started, stated he should win the appeal.

What can we do to get the tribunal heard? as the benefits have been cut it is now financially causing problems.

Please can anyone offer some advice re this as I don't know what else to do.

On a side note, my partner has a friend who is clearly disabled, and has limited mobility, he completely lost his DLA award, but won the appeal.

Thanks in advance

Anubis_2

I don't *think* you can push an appeal forward unfortunately. It's just a waiting game. Someone else may be able to offer advice and may know more.

As for appeal outcome, this cannot be predicted by anyone, so those telling you he should win his appeal, please consider in mind that is only in their own opinion. Similarly with your partner's friend, his outcome cannot be compared to a possible outcome for your partner.

An appeal is unique to the person's own situation and then you have outside factors such as who will be sitting on the appeal panel on the day etc.

You don't give much information about his care/mobility needs but being awarded a BB is a step forward in the right direction. Good luck, I sincerely hope he is awarded the appropriate amount for his needs.

rogerblack

cool-dog wrote: »

We appealed and received an appointment for an appeal with HMCTS for March, we turned up to the tribunal, went into the tribunal, after a few minutes they discovered they were not provided with all the documents needed from the DWP, so they apologized and said they would have to book a new tribunal. At it should only be a month or so, well 3 months down the line we have not heard a thing, my partner called the DWP the other day and was advised they can't do anything or advise when the tribunal is likely to be.

There are a couple of issues here.
Firstly - the tribunals service has internal delays, and you may be waiting for them.

However - you should also find if the DWP has supplied the tribunals service (phone the tribunals service on the number on the letters) to find out if this has happened.

If not, there are several approaches.
First, phone and complain that they haven't.

Secondly - http://www.dwp.gov.uk/privacy-policy/data-protection/ - this enables you to get a full copy of all your records - you can then submit this to the tribunal.

If the tribunal service has got them, and you're simply waiting for a tribunal - try phoning them, and seeing if you can get one on short notice - these may be other peoples cancellations.

cool-dog

Thank you for the replys, it's appreciated.