son lost dla tribunal!

bugsy2009

my son is 22 and suffers from depression, anxiety but has chronic adhd and had is dla reduced from the middle rate care, lower rate mobility to lower rate care which he last received for 2 years.
I fill in forms etc as he doesn't understand them but they're a minfield a degree is needed just to understand them.
Up until 4 years ago the cab did them but then i was told they didn't have the funding so they gave me a copy of his last form they did which i used to fill in. This time i used it again but as he now lives in his own flat(before it was supervised housing) i didn't know how to word it and wrote coulds and may and probably should have wrote does instead as of course some days hes really bad and some he isn't. This was reduced to the lower rate care so he appealed.
The cab helped him write a letter of appeal and couldn't understand why it had been lowered.
Hes also looking at eviction as he lives in a converted council house and the woman(owns her own flat) above is looking to take a injunction through the council out on him. Problem is he can't sleep and tends to have someone in with him over night and she can hear everything, doors shutting, light switches, toilet flushing etc. Courts ordered a phsch report which has come back as him having adhd etc and classed as disabled under the 2010 act(whatever that is).
Anyway know thats not the issue but thats whats happened since and don't know if the phsych report could be used.
Hes also been referred by the doctor to first respons(on appeal letter) as the doctor thinks he needs more help.
Anyway hes now also received a atos form to fill in which i picked up today and picked up all forms etc that might help me fill it in and theres a tribunal services letter that he must have just got and put in the pile.
The appeal has been denied but it also in block capitals, underlined states he is not entitled now to dla at any rate!
Does this mean that they will contact dla and order them to claim the money back? Really don't know what to do and where to turn as the cab has shut down in the town and don't know where to take him for help thats if i could even get him there!
Also the odds on the Atos will fail as well as i am having such problems filling that form in! any advice would be appreciated as i'm so sick with worry as hes so low at the moment anyway

cabbage

HI

Sorry that everything is pear shaped. Have you got a local DIAL? how about an unemployed workers centre - if not your local authority's welfare benefits team should help. You may also need to contact social services for him

Thomas_Hardy

It is not clear what has happened. The tribunal would have written and asked whether you wished to have a paper hearing or an oral one (where you attend) - did you respond to this?

If the appeal has been considered by the tribunal in his absence, he has two options - make a new claim, or appeal to the Upper Tribunal. The new claim will be unlikely to succeed unless he can demonstrate that his condition has worsened. A second appeal would only be allowed if the tribunal has erred in law, not on a material fact.

Whatever you do, you really need to get some help with this - CAB, DIAL, Welfare Rights, or possibly an advocacy group?

rogerblack

Thomas_Hardy wrote: »

It is not clear what has happened. The tribunal would have written and asked whether you wished to have a paper hearing or an oral one (where you attend) - did you respond to this?

If the appeal has been considered by the tribunal in his absence, he has two options - make a new claim, or appeal to the Upper Tribunal.

Or he can request a set-aside.
The tribunal not requesting an in-person tribunal can in some cases be an error of law too.
First thing to do is to write to the tribunal, and ask for a written statement of reasons.
This is urgent - as it may extend the time till an appeal can be made.
When was the tribunal decision?
If it is over a month, then as I understand it, rights of appeal are non-existant, though the tribunal may sometimes consider them.

DLA will not request moneys paid back to be returned.

bugsy2009

rogerblack wrote: »

Or he can request a set-aside.
The tribunal not requesting an in-person tribunal can in some cases be an error of law too.
First thing to do is to write to the tribunal, and ask for a written statement of reasons.
This is urgent - as it may extend the time till an appeal can be made.
When was the tribunal decision?
If it is over a month, then as I understand it, rights of appeal are non-existant, though the tribunal may sometimes consider them.

DLA will not request moneys paid back to be returned.

Hi
Sorry if the post doesn't make sense i do tend to ramble.

I don't think there is an error of law as its me that got it all mixed up. I have all the paperwork from the tribunal and in it is a refusal of appeal from the dwp which i had not originally seen either because he didn't receive it or forgot to show me it but he can't remember getting it. When the tribunal letter came asking to return if he wanted to go ahead and i presumed that was what you had to do next and he ticked the box for not appearing at the appeal. I do remember telling him he had to see the cab first before he sent it but by then it had shut down so he just sent it.

So was just going to leave it now but problem is we are in the pip trial area which goes live on the 8th and from looking around for info on it, it looks like he wouldn't qualify or would struggle especially as it says you have to have a face to face. Don't know if it is worth just applying again as i now have extra evidence ie psych report as he can only get turned down.
If i was to contact them now and ask them to send a new form would they take it from tomorrows date?

The other thing is the tribunal was on the 21st march but he hasn't received a letter from the dwp to say hes no longer eligable for it, have been told that he won't recieve one as hes had the tribunal letter is that correct?