IB Tribunal Decision Dismissed

Hi al,
New to the forums and would like some information if possible?

Suffering from CFS/ME last 10 years.
Suffering From Depression/Anxiety and Panic Attacks since 1994.

Was on IB and DLA (Higher and Lower) and also have a motorbility car.

Had a Atos medical in june 2010 whre I scored 0 PCA and 1 for physical and mental health.

Just had a tribunal June 2011.
Evidence presented from 2 different Phycologists that they confirm I suffer with the mental problems.
Letter from my doctor comfirming my medical conditions.

Recieved a letter about my tribunal decision.
The appeal is dismissed.
The appellant scores 4 point:
16e -1
17a -2
17f -1

Could someone try to give me some info as to what I could do?

Thanks in advance
John

Johnny wrote:

Hi al,
New to the forums and would like some information if possible?

Suffering from CFS/ME last 10 years.
Suffering From Depression/Anxiety and Panic Attacks since 1994.

Was on IB and DLA (Higher and Lower) and also have a motorbility car.

Had a Atos medical in june 2010 whre I scored 0 PCA and 1 for physical and mental health.

Just had a tribunal June 2011.
Evidence presented from 2 different Phycologists that they confirm I suffer with the mental problems.
Letter from my doctor comfirming my medical conditions.

Recieved a letter about my tribunal decision.
The appeal is dismissed.
The appellant scores 4 point:
16e -1
17a -2
17f -1

Could someone try to give me some info as to what I could do?

Thanks in advance
John

bad news if they have made a mistake in law you can take it to the upper tribunal .. you need expert advise as your options are limited

Hi,

Thanks for your replies, I had a feeling I would have to go through specialist people, but not got the funds.
I'll try give CAB a ring and get a meeting.
I'm just worried now that they will decide to stop my DLA and lose my car.
Could this happen?
This is so upsetting and I know it's happening to almost everybody.
Thanks to places like this, I know I'm not alone.

Thanks again
John

Hi Johnny,

Just a quick addition to Gordon's good advice, an 'error of law' is defined as :

WHAT IS AN ERROR OF LAW ?

The basic rules are outlined in Commissioners decisions R(A) 1/72 and R(I) 14/75 in turn based on the principles stated in Global Plant Ltd v Sec of State for Social Services (1972) IQB

A decision of a Disability Appeal Tribunal, Social Security Appeal Tribunal, or a Medical Appeal Tribunal may be erroneous in law if :

1) there has been any breach of the rules of natural justice ( loosely meaning 'fair play at work')
or
2) there has been a failure to comply with the requirements to record in writing adequate reasons for the decision and relevant findings.
or
3) it contains a false proposition of the law ex facie ( on the face of it)
or
4) it is supported by no evidence
or
5) the facts found were such that no person acting judicially and properly instructed as to the relevant law could have come to the determination in question.
or
6) Technical error. This sixth ground is NOT covered by the R(A)1/72 etc grounds.
Generally, it could be summaried as a technical or proceedural error, a breach of the statute or of the regulations.

Hope this helps.

Pat