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Thread: Is tribunal a farse.

  1. #1
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    Is tribunal a farse.

    First off congratulations if you have had a win at appeal, and i would take none of the jubilation from you. Now let me say, DLA stopped my sons Benefit for no apparent reason apart from he did not need it now, anyway my ex, his Mother who helps him with all his Paperwork, (he is 21) was very concerned so she lodged the appeal and eventually the day came, well he won his appeal, he was awarded all the back pay, then a few days later he got a letter from DLA saying that they were not going to pay and they were appealing against the tribunals decision.
    So what i would ask is this, why can DLA do this, it is unfair to build my son up, he is already at the point of suicidal thoughts, thinking that he has nothing to look forward to, he cannot get a Job, he is like a 14yr old and appears not to have moved beyond those years, he lives in almost a derelict building in one room, yes he gets housing benefit, but he is so so depressed, he has almost nothing to live on, if i was not around or his mother then i feel he would not eat at all. he cannot get motivation for anything, he cries at anything.
    So what clout do these Tribunals have, it seems that it just keeps some people in work.
    Sorry to be a sad old Git who himself is very ill, all this is making me worse.
    How dare they give him back his life and then withdraw it just like that.

    Sorry to sound like a complainer but i really am not, i have had a great life before arriving at my present conditions.
    I have just had my third stroke, am Diabetic, 2 heart attacks, Angina, Asthma, High blood pressure, and am on anti depression tablets, (don't smoke stopped Christmas completely) i have Just a couple of days ago applied for DLA for myself, with the help from a very mice helpful lady at Disability resource center, yet my sons problems are first and foremost on my mind, i am so so worried about him.

    Jim

  2. #2
    Senior Member Stepheninleeds's Avatar
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    Ah, yes. They can do this, it does not always happen, but sometimes they can. Someone will go into greater detail, I hope as to why this happens & what it means. They can also give in after it is looked at again. Can be a delaying tactic.
    ~ ~ ~ ~ ~ ~
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    Thanks Stephen, yes hope somebody can give some more insight to why this does Happen.

    Jim

  4. #4
    I had my higher rate mobility and middle rate carers allowance stopped abruptly last Sept 2011. I appealed and finally had my hearing on April 4th. It was a total farce as they disregarded my medical state and condition and awarded me lower rate mobility. I had to wait until last week to get any money at all as DWP have the right to challenge the Appeal decision. Things couldnt be any worse because my health has deteriorated, the stress of the whole debarcle has caused me to suffer depression and now I am left without my mobility car. I might as well be dead in their eyes cos they have no qualms in pulling the rug from under your feet when they see fit. I was appalled that they could hold onto my money so they could "check" out the appeal decision. I was appealling against DWP so what right do they have to do this? Nobody cares about how we are being treated and whether or not their actions cause us stress. All I know is that no matter how frustrating or depressing this situation gets I will not give up the fight for what I am entitled to. I have now applied for a supercession to explain that my health is worse. I dont hold out much hope and yet again this process requires me to wait 13 -14 weeks while they debate my situation. That is while the non medical decision maker decides yes or no or is it no or yes? I guess it depends which way the wind blows on that day or if there's an r in the month!! who knows? it will be 12 months wait in total to see if they re-instate my original payments. Its all a delay tactic to ensure they have the minimum amount of claimants for PIP which replace DLA from 2013

  5. #5
    Senior Member mikeydt1's Avatar
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    i was looking at this with interest the other day, i felt very bad that such a situation could happen and after that did some scouting around to see what i could find.

    first of all like stephen says the dwp can appeal against the tribunal decision but only if there has been an error in law. you are fully entitled to get full written reasons as to why and what they are disagreeing to.

    most important with this happening you need to get some help on board either from the welfare rights or from the CAB who could negotiate with the dwp to see if an outcome can be reached before it goes to the u.t.

    below i have provided a link which may be of some help and in this document it also states trying to reach an outcome without the need of going to a u.t

    http://www.disabilityrightsuk.org/f39.htm

    many of us like yourself are concerned about the deep cuts going on, with the press hammering us and the government also moaning like crazy i found some information which has now got me wondering what is really going on in our country and why they are targeting people on benefits like it is going out of fashion.

    after some number crunching it would seem that both health and pensions are out stripping what is spent on welfare but what got me more interested was the 36 % they are spending on what is called a remainder, it doesn't even identify what this money is for.

    it shows education at 12%, welfare 15%, health 17% then pensions at 19% with a remainder been at 36%

    mike

  6. #6
    Senior Member Stepheninleeds's Avatar
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    There is a post about here that I cannot find, so I could be wrong on what I am about to say. I think it was posted by our own DaveW or Duncan, but again I could be wrong. I think they said that even though the DWP do sometimes appeal they usually withdraw that appeal & allow the claim. I think they also posted the reasons.

    I agree Mike, but when we have politicians, even Cammy whipping the media & public up with the vast figures spent on benefits it will not stop. It is true that a huge amount is spent on benefits, a shocking figure. The question is why though? We know why. You break it down it does not seem so bad. It is like us going to the supermarket & when we get the bill at the checkout it is a lot more than we expected. When we look at each item we bought we can see why it was so much.

    The problem is that most people see most people on benefits are lazy, users, cheaters, liars. What angers me is that most of us have paid our taxes over the years. Not everyone has before they claimed benefits, not their fault. I paid more tax in my working life than most ordinary people will pay in a lifetime. I paid for others to get benefits. I paid for the pensions. I paid for the disabled. I paid for the unemployed. I paid for the cheaters too. I paid for the lazy as well. When I was working there were times I I knew people who sat in the pub all day moaning they could not get a job. I took really crap jobs as times while I was looking for a better job. I paid tax even then. This was in the days before the minimum wage. I worked 2-3 jobs at a time, not always full-time jobs. I could be out of the house before the first bus in the morning so had to walk to work. I may not be back until gone 19:00. Then I had housework to do.

    I can see why some people fall for the hype on benefits, but I still say that most people on benefits are genuine.
    ~ ~ ~ ~ ~ ~
    Stephen

  7. #7
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    jimmyr,
    Firstly, it is highly unlikely that the DWP will continue with this case but that will not ease your anger and frustration at this moment.
    Sadly the DWP see those with depression as an easy target as the DWP, under instruction from the government and aided by ATOS are looking for those who are unable to do "physical" things and those suffering mental health issues are usually physically fit. Thankfully the law still overides government policy and tribunals only deal with the law and under the law depression is still accepted as an illness.
    Regarding your son. As I'm sure you are aware his physical ability has nothing to do with his ability to function in life as a person on a daily basis, so the DWP criteria has no meaning.
    All I can say is that it is most important that you put his situation into context. Your worry and anxiety will not help him at all, especially if it affects your health as you will be less able to offer the support that you are doing.
    It is from much experience that I encourage you to look after yourself first and foremost whilst continueing to offer love,help and support to your son.
    All the best

  8. #8
    davewhit
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    the dwp like you have a right and in the case of the dwp duty to look at appeal results and see if there has been an error in law

    if your son had been built up expecting payout on winning if he had expert advice someone failed to explain the full process to him

    in most cases they (dwp) look at tribunal results then pay out in most cases IMO THE Tribunal getting the result to dwp causes most of the delay thats why some people send direct to dwp a copy of the result

  9. #9
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    Quote Originally Posted by jimmyr View Post
    First off congratulations if you have had a win at appeal, and i would take none of the jubilation from you. Now let me say, DLA stopped my sons Benefit for no apparent reason apart from he did not need it now, anyway my ex, his Mother who helps him with all his Paperwork, (he is 21) was very concerned so she lodged the appeal and eventually the day came, well he won his appeal, he was awarded all the back pay, then a few days later he got a letter from DLA saying that they were not going to pay and they were appealing against the tribunals decision.
    So what i would ask is this, why can DLA do this, it is unfair to build my son up, he is already at the point of suicidal thoughts, thinking that he has nothing to look forward to, he cannot get a Job, he is like a 14yr old and appears not to have moved beyond those years, he lives in almost a derelict building in one room, yes he gets housing benefit, but he is so so depressed, he has almost nothing to live on, if i was not around or his mother then i feel he would not eat at all. he cannot get motivation for anything, he cries at anything.
    So what clout do these Tribunals have, it seems that it just keeps some people in work.
    Sorry to be a sad old Git who himself is very ill, all this is making me worse.
    How dare they give him back his life and then withdraw it just like that.

    Sorry to sound like a complainer but i really am not, i have had a great life before arriving at my present conditions.
    I have just had my third stroke, am Diabetic, 2 heart attacks, Angina, Asthma, High blood pressure, and am on anti depression tablets, (don't smoke stopped Christmas completely) i have Just a couple of days ago applied for DLA for myself, with the help from a very mice helpful lady at Disability resource center, yet my sons problems are first and foremost on my mind, i am so so worried about him.

    Jim
    Had your son not been happy with the Tribunal decision, he also would have the right to appeal further.

    Pass this link on to your ex as your son may need legal advice if DLA are allowed to appeal his Tribunal decision;

    http://www.legalservices.gov.uk/publ...gal_advice.asp

    DLA may not be allowed to appeal against the decision in which case your son will be OK. But if DLA are given leave to appeal, your son should make a new claim for DLA.

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