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My husbands appeal

ravens62ravens62 Member Posts: 13 Listener
edited January 2019 in Disabled people
Hi my husband had his appeal hearing last week after waiting 2 and a half years for it.the panal seemd nice and fair when we went in we was supposed to be represented by our local cab but they changed the appeal venue and he was unable to attend so we had to go it alone .we was very nervous as u can imagine and when u are put on the spot we forgot lots of questions we would of liked to have asked.they said they would let mybhusband put over his comments but did not let him.the dwp representive said he thought my husband would possibly be entitled to lower rate DLA which he told the panel .so we left feeling quite posative then the letter arrives and it says he is not entitled to any rate DLA we have lost appeal.my husband gas been on DLA since 2009 and his health has got worse iver the years not better so how can they say hes not entitled to any DLA.iv asked to see a statement of reasons as there was none given in the letter we recieved.and they say we have to pay back £9000 as well im a pensioner and husband has employment support  only how do they think we can pay that back we are so worried and my husband has depression and heart problems he does not need this worry i know there are lots if people out there having same problems with thier DLA has anyone got any ides that will help us thanks glenda on behalf of husband terry xx

Replies

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @ravens62, thank you for sharing this with us. I'm truly sorry to hear about your experiences and what you and your husband are going through. I can only imagine how tough this tribunal experience must have been on you, and I'm so sorry that you're having to deal with this on top of everything else.

    We have some brilliant community members who are knowledgeable in this area and will hopefully be able to advise on what could help you. In the meantime, I wonder if you've tried contacting your MP to tell them about your experience and see if they can get involved? 
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Why do you have to pay all that back if you got it before assessment cask questions and take it further 
  • ravens62ravens62 Member Posts: 13 Listener
    Hi thanks for your comment my husband was taken to court for the £9000 before the appeal hearing and had to wear a tag for 8 weeks and pay a £125.00 towards costs as he was advised by solicitor to plead guilty to a lesser charge of fraud as he got CPS to drop the dishonest from the fraud charge. it was for not notifying DWP my husband has stents fitted for his heart because that had made his health better but it didnt because he had a stroke a few months later. i did not think he should of gone to court till after his appeal was heard as he might not of had to pay it back if he won the appeal x
  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Gosh that’s awful sorry hope you can get some help x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited January 2019
    Hi,
    Are you sure it's DLA? DLA no longer exists for those aged between 16-64. Do you mean PIP?

    Once he has the statement of reasons you'll need to find someone who can find the error in law. If that's not found you won't be able to take this appeal any further, i'm afraid. It's impossible to advise further on an internet forum because no one here knows anything about your case.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • ravens62ravens62 Member Posts: 13 Listener
    We have never been changed to pip my husband has been on DLA since 2009 and he was on incapacity before that xx
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Incapacity benefit was totally different to DLA. Those that were claiming Incapacity benefit were transferred to ESA.

    As advised, you'll need further advice when he eventually receives the SOR but there's no time scales to receiving this.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • ravens62ravens62 Member Posts: 13 Listener
    Thanks for your advice as we are totally out of our comfort zone any advice helps i cant understand why he has never been transferred to pip but also glad he hasnt as iv heard that it is less money xx
  • ravens62ravens62 Member Posts: 13 Listener
    I hope you dont have to wait as long as we waited for appeal for SOR xx
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    ravens62 said:
    Thanks for your advice as we are totally out of our comfort zone any advice helps i cant understand why he has never been transferred to pip but also glad he hasnt as iv heard that it is less money xx
    There's still a lot of people waiting to be ask to apply for PIP and are still claiming DLA. As his DLA has now ended then he won't be invited to apply. He can of course start a claim himself.

    For the Tribunal that you lost, you'll need expert advice once he receives the statement of reasons. Unless the error in law is found then you won't be able to take it any further, i'm afraid.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • ravens62ravens62 Member Posts: 13 Listener
    Thank you for your feedback x
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