[Mjat]

Just had a phone tribunal over DLA  for my son and they didn’t change the decision, even though we had shown with medical reports that he can’t walk outside without severe discomfort which is Law 2.4 for higher rate mobility. Any adon what to do next would be greatly appreciated.

Thanks in advance

Topic

[Mjat]

Advice!

[ChrisK]

Hi Mjat

Sorry to hear of your refusal as I know having gone through tribunal myself how distressing it is.

With that said If you have already gone through the appeals system I’m not sure if it would be a good ideal to seek information from myself or anyone else here.

I’m a bit shocked that there doing appeals over the phone now as I would find it hard myself to explain my condition over a phone line but in one way looking back over the last year or so I think I was lucky to go before a judge and doctor and have a face to face with them as they could see for themselves the trouble my disability causes me even thought I find it hard to explain.

I think you might need some help from someone in the know and would check out this web site below. I never used it myself but was told by the folk who eventually help me that I should have done before I went to MR.

https://tinyurl.com/a8zedbc

Hope you can find some help from these folk and wish you luck in your appeal.

[joss]

@Mjat Hi

Just to be clear, Have you been through all this without support from the likes of CAB ?

Your next level of appeal is a “Judicial Review“. Time limits.
You normally have to start a judicial review application within three months of the decision, action or failure that you are unhappy about.

Apply for Judicial Review
Judicial review is a complicated process. If you want to know more about judicial review and whether it is right in your case, you should get legal advice as soon as possible.

You can find legal advice near you using our Find an adviser tool.

Get in touch with your MP

Challenging a Personal Independence Payment (PIP) Decision – Tell your MP

Your MP is your local Member of Parliament. Each MP represents the people in their local area, or constituency.

You can tell your MP about bad service or delays. You can also tell them if you think the PIP rules are unfair.

You may want to tell your MP if:

Claiming PIP has been a bad experience
The DWP is taking too long to deal with your complaint
You think the law should be changed because the rules are unfair
If you tell your MP, you could:

Get an apology or an explanation
Get a decision made faster
Help get the law changed.

I hope this helps you to decide your next step Mjat.

Joss
Current car: BMW X2 sDrive 20i M Sport 5dr Step Auto In metallic Portimão Blue. 04:10:2025
Previous car:Peugeot 308 GT Premium 1.2 Pure tech Petrol.

[Jojoe]

If you have not already done so, have a look at a website called Benefits and Work. It was set up by experts on the benefits system, they give great advice.

[sif]

Have a good look at the wording of the  criteria needed. There are several ways of interpreting them and of course, assessors use the ones that suit them. If you really proof read the details you can see how they are not hard and fast rules, then apply them to your own situation and make sure by no interpretation do you qualify. Its a skill not everyone has, specialist help is around for people who feel they personally can’t take it any further. I used to write precis of technical magazines so its a skill I developed, interpreting phrases and sentences. All supposed rules are open to interpretation, that’s why we have a supreme court and a ECJ. Don’t be disheartened just explore some of the excellent suggestions detailed by other posters above.

[Mjat]

Thanks everyone for your help and advice.

[Helpful Elf]

Firstly sorry to hear this. It must be very stressful.

Realistically the next step is to reapply when possible. The legal steps will take longer than another application.

The next step is an upper tribunal, but it must be shown that the FTT made an error in law. This means,

You could also make an application for judicial review if the DWP made an error in law.

Neither of these apply if you simply disagree with the FTT decision. Both are legal processes which require professional advice and both require permission of the court to pursue. The JR process is practically a non starter but the UT one may be possible.

https://www.scope.org.uk/advice-and-support/further-appeal-upper-tribunal/

 

[Rich]

Unless you can prove the 1st tier tribunal made an error if law you can’t go anywhere with this. Your only option would be to wait & fill in change if circumstances & try again this time with professional help.

Not calling anyone out or anything but no one should go to tribunal without professional backup & unless you get lucky with a hood can I wouldn’t include those in that category as there are far too many cab’s that aren’t up to the job.

I used fightback4justice via Facebook they were incredibly, worked on no win no fee & when I won charge was a few hundred from my thousands in back pay.

Without knowing more both myself & about your case I wouldn’t attempt to advise but I do know you can only go to the next tier tribunal on a point of error in law interpretation. Y the lower tribunal.

All I can suggest is immediately get help with this. I’d strongly recommend anyone offered a phone tribunal to refuse if possible even if it means waiting longer, like phone assessments it’s a minefield.

 

Good luck

[Newbie1892]

Hi,

 

I am sorry you lost your fight for your son, but there are a few reasons why you might not have been given it, in my experience it was a hard fight but firstly you must qualify for high rate care this was first and foremost then out of the three options left you must tick two boxes ie then you need paperwork from paediatrician backing you up and then the walking side well this is very hard to meet, the protocols that dwp go for are listed on the internet, and you need to find away around it, ie walking pace, is he able to walk at a pace of a normal same aged child, you need to research if you appeal and do it quite quickly, just Google what do I need to prove to get high rate mobility for a child, and start going through the sites.

 

you will also be sent a letter in the post from the tribunal you then have 28 days to appeal the decision I am not sure if the first tier will re hear your case or the upper tribunal, but then you could say I was naive and didn’t get no help, now I have sought the advice I wish to appeal, but you will still need something new to appeal with otherwise they will throw it out without another hearing.

 

DLA is very hard to get especially if your son is young, I did win but it was hard and I did it alone, but my son was there so they could see for themselves so as others have said I wouldn’t have had a telephone case as they just can’t see what you are saying and the dwp would win if you didn’t tick all the boxes, it is no good just for one reason that would not work.

 

pip on the other hand seems the easiest to get and they seem to give this out Willy nilly I know someone who goes to gym lifts weights etc etc and nothing happens to them if you get stuck I might be able to help, I will also give you the footage of a supposed disabled person ask the court if he gets pip why can’t my son get dla mobility, the way dwp pick and choose is disgusting as are motability who have been sent footage of a person drink driving in their disabled car and nothing they were allowed to change car again, as they said they were being watched, well he is still being watched and the footage is great.

when he puts it up on YouTube I will post the link.

[Author]

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