When a Tribunal not a Tribunal.

benefitbaby

I am coming to this thread very late but here are my two-peneth worth.

History:
- Applied for DLA
- Awarded Higher Rate Mobility (HRM) Indefinitely
- Either applied for or asked DWP to look at Care
- Doctor visited
- All DLA removed
- Appealed
- DWP decision upheld by the First-tier Tribunal (FtT) - no DLA

At the start of the FtT hearing the panel would/should have asked your wife whether her condition was the same it was at the date the decision was made:
- If she said yes then it does not matter whether they asked her about how she manages now because her difficulties are the same.
- If she said no it is better or worse then they would/should have reminded her that they can only consider her difficulties as they were at the date of the decision under appeal.

Normally the Dr on the panel asks the questions about walking and they will ask about: how fast she walks (speed), how far (distance), what she looks like (manner) and how long it takes her (distance). These are all required to be taken into account when considering HRM entitlement as they have to establish if your wife is "virtually unable to walk".

Normally the disability/care member of the panel talks through or questions on how your wife manages self-care, cooking etc. Remember they can take into account reasonable aids/adaptations (even if you don't have them) that would mean your wife is able to self-care without help e.g. shoe horn, grab rail etc.

There are a number of ways to qualify for the care component of DLA:
- unable to safely plan, prepare and cook a main meal for one person assuming you have all the ingredients [low rate care - LRC], or
- needs significant attention (about an hour) from another person in relation to bodily functions (e.g. wash, bathe, dress, manage medicine, in/out chair etc), remember no help is actually required it just needs to be reasonably required [low rate care], or
- frequent attention throughout the day in relation to self care [middle rate care - MRC], or
- continual supervision to avoid substantial danger to self or others [MRC], or
- prolonged or repeated attention at night [MRC], or
- watching over at night to avoid substantial danger [MRC].

If a MRC day and night need exists then high rate care [HRC] is awarded.

Now to the presenting officer, they do appear at tribunals to 'present' the DWP case however this is rarely organised except for complex cases (I had a DWP solicitor at my most recent one!) but when they do present the complex case they will then also present at any other listed cases that day. So it is entirely possible that the PO was merely there to 'fill time'.

As others have said you should request a "written statement of reasons" (WSOR) for the tribunals decision, you need to make this request to Her Majesty's Courts and Tribunals Service and quote your wife's unique reference number. You have ONE month from the date on the tribunal decision notice.

When you receive this you should read this very careful (although it is hard try to remain objective), you need to idenitfy whether the FtT has erred in law. This can happen in a number of ways:
- incorrectly applied the law
- did not make sufficient findings of fact
- did not provide adequate reasons for its decision
- failed to follow the rules of natural justice
- failed to give sufficient weight to evidence (or explain why they did not give weight to certain evidence)

If they have done one of the above then you have grounds to request permission to appeal to the Upper Tribunal and you must do this within ONE month of receiving the WSOR, if this request is refused you can apply directly on an UT1 form within ONE month of receiving the refusal.

You will not be given permission to appeal to the UT just because you disagree with the FtT decision.

For an overview see: http://disabilityrightsuk.org/appealing-upper-tribunal-against-first-tier-tribunal-decision

I very strongly urge you to seek specialist advice from a welfare rights organisation, CAB etc. This is all the more important now because your wife cannot make a new claim for DLA as it was abolished for new claims from 10 June 2013.

Having said the above, would your wife qualify for PIP (the replacement of DLA)? http://disabilityrightsuk.org/personal-independence-payment-pip

skeggysteve

Thanks for the reply BB.
I'm out all day tomorrow but I'll read it more and reply, in needed, asap.