DLA tribunal appeal

Hi I am helping my daughter with her dla appeal. She had appeal turned down
on 7th oct 2010 we asked for the reason why and only received it on 2nd
april. I am writting to ask for appeal to go to upper tribunal.

I was with my daughter at the panel on the 7th oct 2010 and the reasons
show for refusing the appeal that the tribunal got number of things wrong
what is written as fact on reasons were not what was said by us on the day.
Also they state they "Making use of its own expertise,the tribunal was not
persuaded (on the balance of probability).
My daughter has secondary sphinter of oddi dysfunction it is a rare and
painfinful condition, with respect to the panel I dont believe any of them
have real knowledge of this condition. They have taken a GP that was not my
daughters regular GP over a specialist of the condition.

I hope you can help.

Hi amh1958

You need to seek advice from a welfare rights organization to take your appeal to the Upper Tribunal.

You can't normally challenge a tribunal's factual findings. You can only appeal against an error of law. For an explanation of what errors of law are, please see the post below.

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=48981#48997

Don't forget that you have one month from the date the Statement of Reasons was sent out to apply for permission to appeal to the Upper Tribunal.

Good luck

Derek

amh1958 wrote:

Hi I am helping my daughter with her dla appeal. She had appeal turned down
on 7th oct 2010 we asked for the reason why and only received it on 2nd
april. I am writting to ask for appeal to go to upper tribunal.

I was with my daughter at the panel on the 7th oct 2010 and the reasons
show for refusing the appeal that the tribunal got number of things wrong
what is written as fact on reasons were not what was said by us on the day.
Also they state they "Making use of its own expertise,the tribunal was not
persuaded (on the balance of probability).
My daughter has secondary sphinter of oddi dysfunction it is a rare and
painfinful condition, with respect to the panel I dont believe any of them
have real knowledge of this condition. They have taken a GP that was not my
daughters regular GP over a specialist of the condition.

I hope you can help.

Its rare but did the tribunal not ask the basic question ? has she had or is going to have a Sphincterotomy and of course is hers caused by the rarer
Autoimmune pancreatitis... if they did not ask them questions IMO and its a guess they just thought it was bad gut rot

Your daughter has my sympathy with that , theyre not sure if i have that waiting for tests, but the pain im getting is the same as before i had gall bladder out plus they perforated bowel at the operation too.

Is you daughter in constant pain or does is wax and wane, as when its at its worse i know even morphine didnt work. Im sorry youve had this problem with appeal etc. I hope you can sort it out for her, have you sought help from cab etc.
All the best