How to obtain a statement of reasons

Yes, you can submit a fresh DLA claim in the meantime.

I spoke to my GP and Consultant and they cant believe I lost the tribunal. My GP did ask if they should write their next submission in blood.

It was quite a relaxed affair, but the lady GP on the panel kept fixating on a lesser condition and ignoring the main problematic one. I'm beginning to think they missed some of the evidence. I also felt rushed.

Talking to the person who came with me, they said it was almost as if they wanted me out and continually blocked everything I had to say. They too felt very uncomfortable with the whole thing. I'm not a confrontational person, so I avoid trying get my point across. But the GP kept changing her mind about what information she required from me and also had some important dates noted down wrong. Even after we pointed out all the dates were on the forms correctly, they ignored it and carried on pushing the point.

There was noone taking notes, so I assumed they record the tribunals ?


Do some tribunals go like that ? It really did feel has if I was being cross examined by a trio of ATOS doctors. Almost has if their mind was made up before I entered the room ?

Hi Doris

A Tribunal Judge is obliged to keep a Record Of Proceedings, which should contain a brief note of what was said at the hearing and any significant events. I have heard of a Judge recording proceedings on CD but in nearly all cases they are hand written notes.

When you apply in writing for the statement of reasons, I would advise you to also ask for a copy of the record of proceedings. They should send you this anyway, but I had to spend three weeks phoning Tribunals Service to obtain a copy following my appeal.

Failing to produce the record of proceedings may in itself be an error of law, and may undermine the tribunals statement of reasons.

Good luck

Derek

Many thanks Derek.

The next step is to appoint a lawyer to steer me in the right direction.

Where would be the best place to look to source a lawyer who specialises in benefit claims ?

Pref a cheap one !

You may find that lawyers specialising in welfare rights and social security law are extremely difficult to find. Any solicitors who deal with welfare rights matters, usually do so on a franchise basis and are not always available in every town.

It would be better to seek further advice from a CAB or welfare rights office who are better placed to deal with benefit problems, and may be offer further assistance with any potential appeal to the Upper Tribunal.

Hi Doris

I personally think you would be better off seeing a welfare rights advisor.

There is advise on obtaining a solicitor towards the end of the ESA appeal guide. Also see the thread below.

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=12#32435

Good luck

Derek