Appeal hearing, has anyone won?

[Stephen1959]

Hello all, please bear with me as this is my first post.

I have been receiving higher-rate mobility component and low-rate care component for over 6 years.
I received the "infinate" letter in December 2010.
As of January this year it was all stopped following a visit by an independent medical examiner.
I have requested that they "Right Payment Programme" acting on behave of the DWP look at my claim again.
This did not change their decision and I have a hearing at HM & Tribunals Services sometime later this year.

I have spinal stenosis and I am in constant pain despite having major surgery in 1999 for decompression.
Walking is painful and I am unable to do most daily activities that others take for granted.
I am unable to run, unable to lift things such as shopping. I am unable to get out of the bath without someone helping me. Unable to get off the floor or up from a kneeling position. Unable to bend down to the oven and lift the containts (roast chicken etc). The list goes on and on ...

The independent medical examiner states I can walk 300 metres without discomfort.
He also states that I do not have spinal stenosis.
He states that my MRI scan of 2 years ago (it was actually 5 years ago) does not show any recurrence.
Yet is does show this and he can not see my scans without my consent.

My own doctors report states differently. Yet they (DWP) appear to have ignored my doctors report in favour of the independent medical examiner's report. Yet the examiner only checked my muscle mass and reflexes, no other physical examination was done. He was in and out of my home in 30 minutes and generally asked questions.

My questions:
Has anyone been to a tribunal hearing as part of the appeal process?
Has anyone actually won that appeal? I only hear of people losing their appeal.
What is the best way to prepare for the tribunal hearing and what are the main do's and don'ts?

Thank You

[davewhit]

win rate is about 49%

[Stephen1959]

win rate is about 49%

Based on what Dave?
Any references?
Thanks

[whyi]

hi i went to dla appeal on the 14th of may and lost i had been getting dla for 12 years then last year it was taken away when it was due for renewal according to my rep instead of a renewal form she states i was asked to fill in a different form but she never told me untill the appeal

the only thing i can suggest is to make sure you have as much info as you can try to be as honest as you can and then expect the strangest questions ever that means nothing to you or your case also do not always expect to be given the time to answer the said questions if my appeal was anything to go by

one question i was asked was had i ever been to brum i stated no to be then asked why i stated because there has never be any reason in my life to go to be told by one panel member he thought i should go yet they never gave a reason why and the questions just rolled on for over 1 hour 40 minutes

i expected bull in the army but not at an appeal

[davewhit]

Based on what Dave?
Any references?
Thanks

look for the "DWP data tabulation page" by picking pull down tabs you can pick benefit in pay male female age group and all sorts of other data cant find link or somewhat easier look for a link on B&W website they have the numbers too

but as a rough guide out of a 100 people 49% get ESA on forms and if needed a medical about the same again get it on appeal of them they expected 9% to get support group but I am 99% sure recent stats show 22% ish getting support group

[gabopentin]

Yes people do win. Like my wife after 193 weeks. 4 hearings and 3 higher appeals. Hers was part of the so called Right Payment Programme, in reality reassessment. It can be done. 1st. exam the EMP report minutely. Note down EVERYTHING you disagree with. How long did the 'examination' take? Did he/she actually examine you or just sit on a chair with his/her head stuff in the form? When you got the appointment letter did it inform the EMP of ALL of your conditions? Anything you find write a submission to the Tribunal in report form and send it to them as part of your evidence. Was your own GP supportive or non commital? Did your consultant send a report to the DLA about your condition and how it affects you, with his conclusions as to future prognosis. The fact that a GP is disagreeing with a Consultants diagnoses is significant. Emphasise in your submission as to WHO is the expert here. I can give you some very good CDLA numbers that may help. I am not sure of the rules on here but will take a chance. add @talktalk.net to my name and email me. and I will send you copies of those CDLAs.

[mikeydt1]

morning stephen,

i have been to 3 appeals, main benefit, industrial injuries which was very hard and dla and won all 3

the main thing is that you need to attend in person try to make sure someone goes with you.

as gabopentin says get as much support evidence as possible, this in my eyes in crucial.

and also if you are struggling then get some help either from the CAB or from welfare rights in your area.

finally be prepared for a long drawn out thing it will give you a chance to build up a good case and expect some arguments from other parties along the way.

forgot to mention go through the emp report and pick out any thing you find is wrong as this will give you a start on the fight back and also ask for any paper work they hold, you will need this to pick out any mistakes etc.

also make sure you get your appeal paper gl24 form in within a month

mike

[Stepheninleeds]

Yes, I have won. My GP said I had no history of anything, was not on any medication. I challenged him, & he said he had filled in the form at home without access to my medical records. I of course was shocked, but he would not see the error in this. He agreed to fill in a new form & state the truth. I won.

As has been said, you need to provide proof, & it seems you can. This suggests to me you have a good chance of winning, but do not hold me to that. Go through all that conflicts, all that lead to losing. Then get the proof to show that is not true. If you are going to suggest this doctor lied or was incompetent or negligent you need to be very careful about that. You would need to provide proof of that, not just that their medical opinion differs. I would suggest you just challenge what has been said with evidence & try to win the appeal. If you do then consider what action you can take against this doctor.

Getting help from someone like the CAB is a good idea as they know they system, they know how to word things, they can go through your case & advise on specifics we cannot. Each case if different. The big don't is do not go on the attack. Defend your position & be prepared to have to do that, but do not attack anyone or what has been said, just challenge it. Why is the opinion of this doctor taken over that of medical evidence? Because they are not employed to help you, they are not biased in your favour, they are independent. I cannot type that last sentence without laughing, but that is how it is suppose to be. In truth, to save money.

[Stephen1959]

forgot to mention go through the emp report and pick out any thing you find is wrong as this will give you a start on the fight back and also ask for any paper work they hold, you will need this to pick out any mistakes etc.

Thanks Mike, I done that as part of my appeal to no avail.
They say that the original DM did not have all the facts and this is why the decision was changed.
Those "facts" are based on the independent medical examiner's report.

Getting help from someone like the CAB is a good idea as they know the system, they know how to word things, they can go through your case & advise on specifics we cannot. Each case if different.

Thanks Stephen will phone the CAN office later.

look for the "DWP data tabulation page" by picking pull down tabs you can pick benefit in pay male female age group and all sorts of other data cant find link or somewhat easier look for a link on B&W website they have the numbers too

Thanks Dave but what is B&W?

I have never suffered from depression but this is really affecting me big time, emotionally and financially.
I am normally cheerful and joking but I am getting more angry lately.

[davewhit]

Thanks Mike, I done that as part of my appeal to no avail.
They say that the original DM did not have all the facts and this is why the decision was changed.
Those "facts" are based on the independent medical examiner's report.


Thanks Stephen will phone the CAN office later.


Thanks Dave but what is B&W?

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http://www.benefitsandwork.co.uk