I Lost My Appeal :(

Pusscat wrote:

Hello

I have just been reading through the appeal letter again saying I have lost my appeal. I checked out the regulations and found this;

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.



I am both a substantial danger to myself, and to other people because of my sight problems.

I can cause an accident and also accidents can be caused to me because of this. I am very unsafe due to the loss of my peripheral vision which is a disablement.

Does this have any bearing on anything that has happened?

Some advice, please.

Many thanks

Pusscat

I have sight problems too but can not see how I am a danger to me or others I am registered blind and have no peripheral vision ..... are you registered blind ? i think they expect you to use stick... dog or person to cross roads so as not be a danger and if you get lower care that cooking covered IMO call the experts at the RNIB I cant see them saying your a danger

Hi Pusscat

It helps to put forward the argument on appeal, however tribunals are automatically required to consider exceptional circumstances if an appellant fails to succeed on the descriptors. This is more important when an appellant is unrepresented and may not be aware of the Regulations.

If you want to consider an appeal to the Upper Tribunal you need to ask for a full Statement of Reasons and the Record of Proceedings. The ROP is the judge's notes of what happened and the oral evidence given at the hearing. The SOR is a statement that the judge will have to write from the notes explaining his reasons for the decision.

There is a strict one-month time limit for applying for a SOR and you can only appeal to the UT on legal grounds (errors of law). I should warn you that it can take one or two months to receive the SOR.

Good luck

Derek

Derek4 wrote:

Hi Pusscat

It helps to put forward the argument on appeal, however tribunals are automatically required to consider exceptional circumstances if an appellant fails to succeed on the descriptors. This is more important when an appellant is unrepresented and may not be aware of the Regulations.

If you want to consider an appeal to the Upper Tribunal you need to ask for a full Statement of Reasons and the Record of Proceedings. The ROP is the judge's notes of what happened and the oral evidence given at the hearing. The SOR is a statement that the judge will have to write from the notes explaining his reasons for the decision.

There is a strict one-month time limit for applying for a SOR and you can only appeal to the UT on legal grounds (errors of law). I should warn you that it can take one or two months to receive the SOR.

Good luck

Derek

Hi

I have just prepared a letter to send out asking for the information you have mentioned above. So I shall get that sent as soon as possible.

I'm also waiting for advice back on what I should do from Enable Ability.

Thank you


Pusscat xx

originaldave wrote:

Pusscat wrote:

Hello

I have just been reading through the appeal letter again saying I have lost my appeal. I checked out the regulations and found this;

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.



I am both a substantial danger to myself, and to other people because of my sight problems.

I can cause an accident and also accidents can be caused to me because of this. I am very unsafe due to the loss of my peripheral vision which is a disablement.

Does this have any bearing on anything that has happened?

Some advice, please.

Many thanks

Pusscat

I have sight problems too but can not see how I am a danger to me or others I am registered blind and have no peripheral vision ..... are you registered blind ? i think they expect you to use stick... dog or person to cross roads so as not be a danger and if you get lower care that cooking covered IMO call the experts at the RNIB I cant see them saying your a danger

Hi Dave

The exceptional circumstance test, and the WCA test, is focused on how your disability affects you and not the disability itself.

While some people with no sight at all can get around safely not everybody or even partially-sighted people will achieve that level of efficiency, so people with a similar level of disability can get varying results.

Regards

Derek

originaldave wrote:

Pusscat wrote:

Hello

I have just been reading through the appeal letter again saying I have lost my appeal. I checked out the regulations and found this;

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.



I am both a substantial danger to myself, and to other people because of my sight problems.

I can cause an accident and also accidents can be caused to me because of this. I am very unsafe due to the loss of my peripheral vision which is a disablement.

Does this have any bearing on anything that has happened?

Some advice, please.

Many thanks

Pusscat

I have sight problems too but can not see how I am a danger to me or others I am registered blind and have no peripheral vision ..... are you registered blind ? i think they expect you to use stick... dog or person to cross roads so as not be a danger and if you get lower care that cooking covered IMO call the experts at the RNIB I cant see them saying your a danger

Hello Dave

I am registered partially-sighted.

I do not go anywhere on my own, as I have no confidence. Even after having cane training, etc.

I have had several accidents, one of these being spilling a cup of hot chocolate over my leg, necessitating a trip to the hospital for burns treatment when I knocked it over as I did not see it. I consider that to be a danger to me, and someone else as had the circumstances had been different I could have knocked it over someone else.

I also have loss of peripheral vision, which means I do not see things outside of this, including young children, which I could easily fall over and cause an injury to them, or myself, which makes me consider there is a danger to myself and them.

I also have continence issues, which while I have not mentioned that until now, in this post, is also criteria for being placed into the support group, but I wasn't as I lost my appeal.

I am going through a pretty tough time of it right now. In fact this is a list of my medical problems so you can see just how tough it is, and I am still expected to be in the WRAG.

Diabetes (40 Years)
Diabetic Autonomic Neuropathy (Gastric)
Diabetic Retinopathy
Partially-Sighted (Loss of peripheral vision in both eyes and some central vision in left eye)
Chronic Kidney Disease- Egfr – 16 (Being placed on list for Kidney/Pancreas Transplant)
Vitamin B12 Deficiency
Anaemia (Currently undergoing Iron Infusion Treatment)
Increased Heartbeat (Due to Autonomic Neuropathy)
High Blood Pressure
High Cholesterol
Chronic tiredness due to combination of multiple medical conditions

It may offer a better understanding as to why I am asking these questions and trying to find out all the information I possibly can before moving onto a second tier appeal.

Pusscat

Please see this thread HERE.