Tribunal success

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bluebunner
bluebunner Member Posts: 43
edited 15. Aug 2014, 06:11 in Living with Arthritis archive
Two years ago my wife who was in receipt of low rate DLA having qualified for the main meal test in 1994, applied for reconsideration as she thought she would qualify for a higher rate of care.

The application was denied but not only that the Decision Maker decided to remove the benefit she had qualified for by saying she should never have been given the main meal test and she incurred an overpayment all the way back to 1994.

My wife went through the usual process of asking for the DM to look again then a Tribunal but both failed.

She wrote to the Upper Tier with assistance from a council Welfare Rights employee and after a long waiting time received a decent result from Upper Tier and that was to have the Tribunal hear the case again due to errors of law.

There were dates set for the new tribunal but DWP always seemed to come up with an excuse to delay but today my wife had her Tribunal and the original decision was set aside and she qualifies for the main meal test.

For the past two years we have had this gloom hanging over us, she also cares for our severely disabled daughter and was criticised for claiming Carers Allowance while in receipt of DLA herself. The type of care provided to our daughter is nothing similar at all to the main meal test but they decided to criticise her anyway.

There was the overpayment which was taken from her Carers Allowance for a period of time until the Upper Tier result, and there is also the DLA payments that were stopped during the time from the decision almost two years ago up until now.

To say we are both shaking but happy now is an understatement, it is hard to believe she won her case after all the pain we both went through, we are a tight relationship and support each other through everything so I suppose this is some reward for that.

Comments

  • dreamdaisy
    dreamdaisy Member Posts: 31,520
    edited 30. Nov -1, 00:00
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    I am pleased that they have found in her favour; I hope it marks the end of this unpleasant and difficult episode. DD
    Have you got the despatches? No, I always walk like this. Eddie Braben
  • tjt6768
    tjt6768 Member Posts: 12,170
    edited 30. Nov -1, 00:00
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    Definitely a win for the good side :D
    Very pleased for you both mate. .
    e050.gifMe-Tony
    n035.gifRa-1996 -2013 RIP...
    k040.gif
    Cleo - 1996 to 2011. RIP
  • bridesmum
    bridesmum Member Posts: 181
    edited 30. Nov -1, 00:00
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    So pleased for you.the strain of these tribunals is immense and affects every minute of your day doesn't it? You an now get on enjoying your close family and put it all behind you..
  • bluebunner
    bluebunner Member Posts: 43
    edited 30. Nov -1, 00:00
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    Spoke too soon, its never over 'till its over is it?

    My wife received a letter on Saturday from DWP who say they are requesting a Statement of reasons from the Tribunal and will apply to the tribunal for a re do if they can find an error of law.

    They went on to say even if they are unable to get the tribunal to agree they will apply to the Upper Tier, then if that fails they will then consider if they will pay her benefit.

    They really have it in for her don't they?
  • stickywicket
    stickywicket Member Posts: 27,731
    edited 30. Nov -1, 00:00
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    That must be a disappointment. I've no idea how these things work but I wish you the best of luck.
    If at first you don't succeed, then skydiving definitely isn't for you.
    Steven Wright
  • barbara12
    barbara12 Member Posts: 21,281
    edited 30. Nov -1, 00:00
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    How rotten is this for both of you, I am so sorry..I was just going to say well done you now you can relax, then I read your other post..I really do wish you well with this and please let us know how it goes for you
    Love
    Barbara
  • bridesmum
    bridesmum Member Posts: 181
    edited 30. Nov -1, 00:00
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    Sorry to hear such disappointing news. I don't really know anything about dla or carers allowance, I had to go to tribunal for esa which was bad enough. Hope things get sorted out in yourr wife's favour, good luck. Bridesmum
  • tjt6768
    tjt6768 Member Posts: 12,170
    edited 30. Nov -1, 00:00
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    :shock: they are a soulless bunch of *********
    e050.gifMe-Tony
    n035.gifRa-1996 -2013 RIP...
    k040.gif
    Cleo - 1996 to 2011. RIP
  • bubbadog
    bubbadog Member Posts: 5,544
    edited 30. Nov -1, 00:00
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    The DWP think they are above the law! Half of these people aren't even disabled so they have no idea what it's like to live day to day, hour to hour with a disability. Our life is in their hand and they can just crush it. I wonder if they ever stop and think what ever decision I give this person will change their life. Properly not!! Heartless B******ds!! And breath!!