DLA 1st-Tier Trib - failed and want to appeal

dogstarheaven

this is for someone's friend who supposedly had a rep from a disabiliity org. to attend a hearing end of May. Unfortunatley, she lost and is furious that she wasn't awarded anything at all. her argument was that the rep. didn't prompt her to answer the questions appropriately as she just answered yes to everything. due to her mentality at the time, she was coherent and went along with what she was asked, but answered them w/o ref. to her actual problems (she has fibromyalgia and cerebral palsy, so probs with mobility and is on crutches and on painkillers constantly).

she hasn't found out on what grounds they have refused her and I don't know how to find that out for her. she argues that the medical reports by the GP and consultants aren't consistently correct and what to get them revised. I said to her that would be a massive job in itself, let alone appeal against the tribunal. what is the next step that i can do to help her. there isn't anyone she trusts and she definitely isn't going back to the disability org again as she felt totally let down (he didn't speak to her at all and/or support her).

can someone advise pls. she is currently working full-time but having to rely on taxis almost everyday is breaking the bank and is impossible to to her basic job v well due to her tiredness all the time. do you think her haivng the job is possibly the leading factor why DWP refused her?

thanks for reading. i really need some answers quick. i couldn't get any answers from DWP when I rang up and they said reapply but to do a pip. wouldn't that be a different set of rules all together and/or will the previous conditions be disallowed?

rogerblack

Zeroth step.
Write tomorrow recorded or registered delivery to the tribunals service, asking for a statement of reasons for the decision.
This is assuming it's under a month ago.
The fundamental problem she has is that even if the rep had spoken up - it's likely that the tribunal would have taken the answers anyway.

She can only do one of several things.
Ask the tribunal for a set-aside on the grounds that her answers were not rational, for whatever reason. The representative not correcting those answers is likely NOT suitable grounds.

Appeal to the upper tribunal on grounds of errors of law.

The problem is that this is a really narrow issue - and if they properly investigated and came to rational answers - even if those answers were factually incorrect - there may not be grounds for appeal.
A fresh application now will be for PIP.

An application to the tribunal for either a setaside, or for an appeal to the upper tribunal is going to be a complex, lengthy, detailed process that really does need expert help.

dogstarheaven

rogerblack wrote: »

Zeroth step.
Write tomorrow recorded or registered delivery to the tribunals service, asking for a statement of reasons for the decision.
This is assuming it's under a month ago - [COLOR="rgb(75, 0, 130)"]no, it was on the 29/05/13 when the tribunal was heard./COLOR]
The fundamental problem she has is that even if the rep had spoken up - it's likely that the tribunal would have taken the answers anyway.

She can only do one of several things.
Ask the tribunal for a set-aside on the grounds that her answers were not rational, for whatever reason. The representative not correcting those answers is likely NOT suitable grounds.[COLOR="rgb(75, 0, 130)"]the decision notice stated three things: 1- appeal refused; 2- set aside and 3: neither component awarded (can't remember the exact wording)[/COLOR]

Appeal to the upper tribunal on grounds of errors of law.

The problem is that this is a really narrow issue - and if they properly investigated and came to rational answers - even if those answers were factually incorrect - there may not be grounds for appeal.
A fresh application now will be for PIP. [COLOR="rgb(75, 0, 130)"]would it be okay to do this despite the same conditions being used?[/COLOR]

An application to the tribunal for either a setaside, or for an appeal to the upper tribunal is going to be a complex, lengthy, detailed process that really does need expert help.

[COLOR="rgb(75, 0, 130)"]yes, i've done some digging and it would need Welfare Rights involved[/COLOR]
how would you go about this to get some justice? do you feel it has something to do with her working full-time?

thanks for your help; you seem to know what you're talking aobut...:A

SisterAct

I recommend. Consulting the benefits and works website. They are brilliant

Parva

I recommend saving your money, there's plenty of FREE advice here!

rogerblack

dogstarheaven wrote: »

[COLOR="rgb(75, 0, 130)"]yes, i've done some digging and it would need Welfare Rights involved[/COLOR]
how would you go about this to get some justice? do you feel it has something to do with her working full-time?

thanks for your help; you seem to know what you're talking aobut...:A

As above - the first step that absolutely must be taken without delay as it is on a strict timetable is to request a statement of reasons on the decision.
This is literally as simple as 'I request a written statement of reasons for the tribunal for my DLA on x/y/z'.
The rest is more flexible date-wise.
The tribunals service has limited redress if things go wrong.
Why did she answer 'yes' to all the questions - was there a psychological issue that was raised?

dogstarheaven

rogerblack wrote: »

As above - the first step that absolutely must be taken without delay as it is on a strict timetable is to request a statement of reasons on the decision.
This is literally as simple as 'I request a written statement of reasons for the tribunal for my DLA on x/y/z'.
The rest is more flexible date-wise.
The tribunals service has limited redress if things go wrong.
Why did she answer 'yes' to all the questions - was there a psychological issue that was raised?

thanks for your quick response, rogerblack. i'll let her know about getting a Statement of Reasons request done asap. Is there any point in doing a PIP in the meantime - or does it have to be for a different condition?
I'm not sure about a pyschological issue was mentioned although they do suffer with extreme anxiety and panic attacks. I don't think this was in the evidence though.

rogerblack

dogstarheaven wrote: »

thanks for your quick response, rogerblack. i'll let her know about getting a Statement of Reasons request done asap. Is there any point in doing a PIP in the meantime - or does it have to be for a different condition?

If an application is made for PIP, then the DLA award (If granted on further appeal) will only be up until the date of that PIP application.

dogstarheaven

would you suggest waiting for the reasons and then apply for an appeal on their decision (will it go to upper tier tribunal and worked on a point of law ?) what is the best way forward after getting a statement done?

zzzLazyDaisy

Once your friend has got a full written statement of reasons from the tribunal, she needs to get advice from a welfare benefits adviser / CAB /DIAL

The problem is that issues of fact cannot be appealed.

So if, having heard all the evidence the tribunal's decision of fact was that 'whatever they say to be the case' there is no appeal against that unless their conclusion on the facts is so perverse that no reasonable tribunal could reach that conclusion.

The tribunal's decision can be appealed on an issue of law - that is to say they have applied the law incorrectly to the facts as they have concluded them to be, but in order to understand and argue that, it is necessary to have a good grasp of the law and the decisions of the upper tribunal.

Unfortunately it often happens that however aggrieved the Claimant feels =by the decision of the Tribunal, there is no avenue of redress - simply because where the issue turns on a difference of opinion on the facts, the Tribunal's conclusion is final.

jacques_chirac

Was the tribunal hearing at the end of May? When did they receive their decision notice (it may have been on the day or in the post)?