Appeal Refused

I joined last year and have followed your site with interest. After trying since November 2009 to get my conditions recognised, OA, RA, COPD, urgency incontinence,etc etc. and being on Methotrexate and having a repeat prescription list as long as your arm, and sending numerous letters to DWP and being refused any allowance whatsoever, I was finally granted lowest care for cooking. I was so frustrated with the whole thing I decided to go to appeal. Following your guide, I took the EMP to task as his report was an absolute disgrace. My representative from Welfare Rights did not support me at the tribunal and was a waste of time in any case. I am still getting low care rate but no longer for cooking ha ha - but for care for some of the day. No mobility nor night care, which I need. The tribunal did not mention or ask me about any of the evidence I had sent in, i.e. Consultants letter, photographs, - the list is endless. No mention was made of my challenge of the EMP report and my representative never even mentioned it, and I felt the questions they asked me were totally irrelevant. I am so frustrated and feel totally let down by the whole system. Sorry for moaning but I am sick of reading in the newspapers about all the benefit cheats who have no problems obtaining benefits without producing evidence, and because I have followed the rules and been totally honest I cannot get anywhere. I am now 63 years of age and started this whole process when I was 61. I have worked all my life since leaving school at 16, and had to give up work in 1996 due to chronic OA. RA was diagnosed 2 years ago. I did have an examination by an EMP about 8 years ago when I went on to incapacity benefit and I 'passed the test'. Mu condition has deteriorated since that time and I also of course now have RA. I had to come off IB when I became a pensioner What should I do now?? Fill in a new form, get rid of my representative, can I ask the DWP for a supersession of the tribunal findings or are they binding, or should I just stick my head in the sand and be another fed up statistic of the system!!!

The tribunal findings relate to when you originally applied for DLA, therefore if your condition has deteriorated leading to a greater level of care, then you can make a fresh application.

I think, though, that if the evidence you have has not satisfied a tribunal, you need to gather together some very strong evidence to go with your fresh claim.

What is OA, RA?

Hi,

As well as re-applying, you could ask for a statement of reason from the tribunal to see if there has been an error of law.

What did your rep think, have they not advised you to ask for a SOR from the tribunal.

The benefit of having a SOR is that the tribunal have to state their reason for not awarding the benefit at all or for only awarding some (in your case LRC).

If I was in your position, I would re-apply with a new claim and ask for a SOR of the last from the tribunal.


Kathy

OA Osteoarthritis, RA Rheumatoid Arthritis.

Kathy