Tribunal denied my appeal... what next?

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Tribunal denied my appeal... what next?

Postby Tantalus » Thu May 23, 2013 7:20 pm

Ok, so I went to the tribunal and it was one of the worst experiences of my life. The doctor on the panel was somewhat evil, wouldn't let me answer any of the questions properly and didn't seem at all bothered that he made me cry.

Anyway, today I received the news that the tribunal denied my appeal and after running out of tears and being violently ill, I am now in the state where I can coherently communicate. But my question is what now?

Do I appeal to the Upper Tribunal and hope for the best? (I will most certainly not be attending a tribunal again after last weeks experience)

Can I re-apply for DLA immediately? (I'd get CAB to help me this time)

Or does anyone else have any suggestions?

I'm stumpted. Also, I'm exhausted and very very depressed.

Tant.
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Re: Tribunal denied my appeal... what next?

Postby andy2210 » Thu May 23, 2013 8:01 pm

hi you can apply every 3 months if your symptoms have got worse.how long ago did you last apply?
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Re: Tribunal denied my appeal... what next?

Postby lolo73 » Thu May 23, 2013 8:12 pm

I am sorry to hear this. I applied in January (maybe even December) for DLA, I got refused at first then I missed the appeal date by a couple of days due to my specialist appointment and I am still waiting to hear if they will allow me to appeal, it has been months and I phoned last week to be told I am still in the queue. :crazy:
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Re: Tribunal denied my appeal... what next?

Postby HelpingHand » Thu May 23, 2013 10:08 pm

Hi Tantalus,

I'm sorry to hear that your experience was quite bad, and that you have not got the outcome you had hoped for. The decision should have come with some guidance notes with what you can do next. These are attached to the covering letter. Give them a thorough read as they are quite helpful in explaining what your options are.

First of all you should write to the Tribunal office (not the venue, but the office which deals with your claim, their address being the one on the letter) and ask for a full statement of reasons. The judge will write and expand on their decision and explain exactly what they considered when reaching the conclusion.

If, after reading those reasons, you think they have made an error of law, you can ask for the decision to be set aside. You can't get it set aside just because you disagree, you have to prove they didn't consider certain things or made a distinct error of law. It may be best to get some advice from a free service like the CAB. A judge can't set aside their own decision, a different judge has to look at it (along with the statement of reasons and your request for a set aside and your reasons for the request) and they make a decision as to whether it should be set aside and heard again by a different panel. If that judge refuses your request to set it aside and refuses permission to appeal to the upper tribunal, you can apply to the upper tribunal directly.

As I say, hold on to your decision notice and ring the CAB or another advice service. Try and do it as quickly as possible as there are strict time limits.

I hope this has been of some help or use to you.

Best wishes,

HH x
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