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DLA tribunal

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Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    It doesn't really matter what you think about your situation, the fact of the matter is that the appeal tribunal considered all the evidence put before them and decided that you did not meet the criteria. If your GP was not directed to pay attention to how you were when you made the application then the only evidence the panel really had before them was the ATOS evidence.

    An error of law would include failure to consider relevant evidence, or a failure to appropriately explain why they preferred one piece of evidence over another, but you need specialist advice on this. You were advised to get specialist advice on the tribunal appeal for this very reason: these are important hearings and how you present your case is often as important as what you present. Certainly when I've represented people at these hearings I have taken 3-4 hours to prepare a written submission in advance, explaining why the ATOS evidence is wrong and why the GP's evidence is correct.

    I do not believe that the ATOS medical is optional. You are entitled to present your own evidence when you make an application in addition to the ATOS medical, but I do not believe you can refuse to attend a medical that the DWP direct you to attend.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    There's no way you'd be able to get your own GP to do the medical.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I wasn't even allowed to see the ATOS evidence until the day. I was never sent it.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Ok, huge turn around today!

    The DWP have just awarded me high rate for both care and mobility from my renewal date. Mum and me balled our eyes out when we opened the letter. This means I can have a little bit of freedom back and do things that my direct payments won't cover. Still in shock about it, but its pretty bloody amazing!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Miss_Riot wrote: »
    Ok, huge turn around today!

    The DWP have just awarded me high rate for both care and mobility from my renewal date. Mum and me balled our eyes out when we opened the letter. This means I can have a little bit of freedom back and do things that my direct payments won't cover. Still in shock about it, but its pretty bloody amazing!

    :yippe::yippe::yippe::yippe::yippe::yippe::yippe: so happy for you!!
  • JamesJames Posts: 1,706 Extreme Poster
    That's fantastic news Miss_Riot!
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    That's awesome. :) So happy for you.
  • *BananaMonkey**BananaMonkey* Lyrical Poster Posts: 5,428 Part of The Furniture
    So happy for you lovely. You deserve it so much. <3

    Sent from my GT-I8190 using Tapatalk 2
    " And everywhere I am, there you'll be, your love made me make it through, oh I owe so much to you "
    " So I say thank you for the music, the songs I'm singing, thanks for all the joy they're bringing, who can live without it, I ask in all honestly what would life be? Without a song or a dance, what are we? So I say thank you for the music, for giving it to me "
    '' It's a beautiful day and I can't stop myself from smiling "
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