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Appeal

uhumagoo

I went through the mandatory reconsideration and the decision remained the same so I went to appeal. I don't believe the people on the panel are impartial possibly on the payroll of Capita. I expected the questions to be to get me to prove my disability but after they kept me waiting for ages on my first visit they forced me to adjourn it because I had insufficient medical evidence something they used to gather up but at a cost of £50 I expected it to be there.
Nevertheless, I want back to my GP and got the information they wanted. I must state that the legal person on the pane, with no medical knowledgel was darn right aggressive, talked continuously over the top of me and didn't appear interested in what I had to say.
The decision remained the same. I intended taking it further but I genuinely had too much going on.
TIP If you go on holiday say you use assisted travel or they ask you how you get about the airport.
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Comments

JennysDad

Hello @uhumagoo and a warm welcome to the community. Very sorry to hear that you're having such a hard time.
It sounds to me as if you need to speak with our benefits specialists, and they will be in touch with you in due course.
Bear with us and we will get back to you as soon as we can.
Warmest best wishes,
@JennysDad

Yadnad

uhumagoo said:

TIP If you go on holiday say you use assisted travel or they ask you how you get about the airport.

Why say? If you had to use that service for a genuine good reason all well and good. But to say that you did but actually didn't is telling an untruth.
We go on about the assessors lying in their reports now we have people encouraging claimants to do the same.Shame

BenefitsTrainingCo

uhumagoo,

I'm really sorry the appeal wasn't successful. If you want to complain about the legal panel member, here is the link (it's the social entitlement chamber). However, before you do that I'd consider what you are going to do next. If you decide to take the appeal further after all, you would need to show that the tribunal made an error of law. You'd also, initially, have to seek permission to appeal from the same tribunal (which is why I suggest not complaining just yet).

First though, you need to request a statement of reasons. You may already have done this. I know you have a lot going on, but it's worth doing this, just to give you a better idea of whether you do want to take things further. It might be all you do, and it's a simple thing to request (if possible, within a month of getting the decision notice). An error of law can include not taking into account relevant evidence, or giving too much weight to some evidence and not others, or simply not giving adequate reasons.

If you seek permission to appeal, the tribunal has to consider the decision again, and may decide to review it, or may not. If they refuse permission to appeal, you can apply directly to the Upper Tribunal (but not until you have tried to get permission from the First Tier Tribunal - the one who has already seen you).

If you decide that you are not going to take things further, then you could still consider a complaint. Or you could complain at a later date, after you have asked for permission to appeal. And finally, of course, you can claim again - that is always an option, though as it involves a further assessment it's also not an easy decision to make.

You could always take the statement of reasons to an advice agency (eg CAB) to get a further opinion, too. It helps if you are able to get an adviser to look at the statement of reasons and discuss it with them, although I know getting face to face advice is increasingly difficult.

Will