DLA Help Please.

Hi there

wondered if I can pick anyones brains!

My father and myself went to his Tribunal yesterday, Just before we got there we realised on the form that the doctor from my dad's surgery said under the 'clinical findings' part she indicated that she examined him and what her 'findings' were, when in fact she did not even ask to examine him! Also, we disputed pretty much the whole form, as none of it was accurate information, suffice to say we went to the tribunal and pointed this out to be completely rebuffed by the doctor, who i think took it personally, made my poor dad pretty much cry since yesterday, he has severe osteo-arthritis, varicose veins, Lupus, Diabetes, Peyronies which affects his hands also. They were pretty brutal and I have never seen or witnessed someone being treated this way! Can anyone advise me on how our information given was not even listened to? Many thanks.

Hi Gordon

Yes it was lost, couldn't even tell my Dad to his face!! Made him wait and put the decision in the post! Is it worth appealing to the Upper Tribunal? his condition has got worse from when he initailly filled his claim form in and they are basing it on that. Can he re-apply to DLA? Everything is just so confusing and over-whelming, and afters yesterdays horrible events it is very upsetting and we really don't know what to do, Many thanks for replying.

hi charliescat

i know what you mean. my appeal november last year was the same. the doctor there acted like he was the best mate of the ATOS doctor that refused to take notice of what i said.

he just would not let me say anything against him.

i made a complaint against that doctor just after that and so did the person that was with me. it was looked into and the results of the complaint has been ready since august this year. however, they refuse to let me have them till after my next tribunal in 2 days time

charliescat wrote:

Hi Gordon

Yes it was lost, couldn't even tell my Dad to his face!! Made him wait and put the decision in the post! Is it worth appealing to the Upper Tribunal? his condition has got worse from when he initailly filled his claim form in and they are basing it on that. Can he re-apply to DLA? Everything is just so confusing and over-whelming, and afters yesterdays horrible events it is very upsetting and we really don't know what to do, Many thanks for replying.

Hi,

Sadly the tribunal can only take account of your fathers needs when the original decision on his claim was made by the DWP. They cannot take into account any deterioration over the period since the decision was made and the date of the tribunal.

He can only proceed further if the tribunal panel have made what is known as 'an error in law. To see if this has occurred, he will need to ask the tribunal office that dealt with him for a 'Statement of Reasons'. This should then be gone through with a welfare rights adviser to see if any such errors of law have been made.

As you say his needs have deteriorated, he can put in a new claim and it can run concurrently with any ongoing action on his current claim.

Pete