I need to take things further for the good of disabled people
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mobbba
Community member Posts: 34 Connected
I lost my appeal for transfer from DLA to Pip in March this year. I am at present appealing to the UTT, which the Judge refused.
This week I received a bundle of papers from my Advocate who came with me to my appeal. In these papers was a copy of the notes taken at the appeal by the Clerk of the Court sitting at the back which I had not seen.
After reading the papers I am absolutely shocked that : Details are missed out that were discussed. A blatant lie (detail below) that makes me look bad. Some questions were not in and some of my answers, for instance: I cannot lift my arms above my head sufficiently to wash my hair or wash above my shoulders due to Spinal Stenosis. Plus others.
I know this is not a law court, but I think that it is a court of law! and things must be documented as they happen truthfully.
My Advocate who is a Solicitor also took 5 pages of notes. I am going to compare hers and once I get a grip on what is happening in these tribunal hearings I am going to do something about it.
How dare they misconstrue details that are being spoken and leave out important matters. I am fuming.
In the judges notes she said that I gave conflicting evidence
LIE: I was asked about planning a journey. I said I do not go to places I do not know without someone with me. I told the Judge about a time I had to go somewhere, I went on the journey first with my husband. When it came the time for me to go it alone, I got lost and ended up in a housing estate, I could not get back on track, I had a panic attack and was vomiting, I wet myself and was having breathing problems. I said I called my husband to come and get me, she asked how he knew where I was., I said we both had an app on our phones called 'Find Friends' he knew my location on the app and a work colleague brought him to me.
Documented in notes by Clerk of the Court: I asked Mrs Miles if she had any friends, she replied 'she did not' But on further questioning Mrs Miles said if she got lost she would ask her friends
This week I received a bundle of papers from my Advocate who came with me to my appeal. In these papers was a copy of the notes taken at the appeal by the Clerk of the Court sitting at the back which I had not seen.
After reading the papers I am absolutely shocked that : Details are missed out that were discussed. A blatant lie (detail below) that makes me look bad. Some questions were not in and some of my answers, for instance: I cannot lift my arms above my head sufficiently to wash my hair or wash above my shoulders due to Spinal Stenosis. Plus others.
I know this is not a law court, but I think that it is a court of law! and things must be documented as they happen truthfully.
My Advocate who is a Solicitor also took 5 pages of notes. I am going to compare hers and once I get a grip on what is happening in these tribunal hearings I am going to do something about it.
How dare they misconstrue details that are being spoken and leave out important matters. I am fuming.
In the judges notes she said that I gave conflicting evidence
LIE: I was asked about planning a journey. I said I do not go to places I do not know without someone with me. I told the Judge about a time I had to go somewhere, I went on the journey first with my husband. When it came the time for me to go it alone, I got lost and ended up in a housing estate, I could not get back on track, I had a panic attack and was vomiting, I wet myself and was having breathing problems. I said I called my husband to come and get me, she asked how he knew where I was., I said we both had an app on our phones called 'Find Friends' he knew my location on the app and a work colleague brought him to me.
Documented in notes by Clerk of the Court: I asked Mrs Miles if she had any friends, she replied 'she did not' But on further questioning Mrs Miles said if she got lost she would ask her friends
Comments
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Good luck xx
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Good luck you will need it!
Taking on the judiciary and suggesting that they have ignored important evidence and suggesting that they manipulated other evidence is something that to me is best avoided.
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You are probably right. But who shouts out for the disabled who have lost their benefits. I see no-one! AND if what you say is correct.. Tell me why?
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@mobbba good luck
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Good luck
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Personally those who are finding it difficult to get a PIP award would feel so down and defeated that they don't particularly care about others - only themselves.mobbba said:You are probably right. But who shouts out for the disabled who have lost their benefits. I see no-one! AND if what you say is correct.. Tell me why?
You would have to be a very strong person to want to fight the DWP not just for yourself but for all the others that are finding it hard.
I am of that ilk normally and through being a town councillor I do take on anybody that is causing issues with any of the residents in my ward.
However when it comes to dealing with the DWP and everything that goes with making a claim for a disability based benefit ie PIP or AA, I would rarely get involved. I can't even face making my own claim never mind trying to fight someone else's.
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This is not DWP though, this Judiciary. A Clerk of the Court has not taken down notes on an appeal correctly.
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I thought that the judge, not the clerk, was supposed to make a handwritten record of the proceedings. The judge in my case did.
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