tribunal decision

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hello ppl well finally had letter today from tribunal was refused rights to appeal to upper tribunal has what a joke !! my 13 year old daughter has been diagnosed with complex post traumatic stress disorder and receiving Emdr therapy but still doesn't meet the criteria because she is normal during school time although she is a self harmer and a danger to herself and others attacked her 7 year old sister since the age of 3 and attacked myself and yet still my daughter is classed as normal to what extent do they class as normal a murderer seriously they need to look into the actual diagnosis and what it entails before its too late my solution they just DON'T CARE as long as there is a regular wage going into their bank balance!!

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  • Posted

    Given her age I presume that you are talking about DLA?

    Let's be honest DLA is far easier to get than PIP for a start.

    The most important thing is - make sure that you complete the claim form fully and with enough information that the DWP can picture her difficulties in their mind.

    Complete a daily diary of when she needs help, what helps she needs and why.

    Top this off with good evidence of needs/difficulties and you should be home and dry.

    Put another claim in now! 

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    • Posted

      they sent me a form to apply to the upper tribunal direct which I have filled in and sent off but can I still make a fresh claim now or will I have to wait for decision from tribunal again first??
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    • Posted

      Davinia

      Your appeal to the upper Tribunal will almost certainly fail. This is no judgment on you or your daughter, rather than a reality that any appeal would only succeed if an 'error of law' had been applied by the Lower Tribunal.

      This is a complicated area and you would definitely need expensive professional legal representation.

      I would strongly urge you to follow Les’ advice and make a fresh application for DLA. This time think more about what you do for your Daughter in ‘extra’ supervision over and above what any Mother would provide for the children and link this to her behaviour.

      It is simply not enough to explain your Daughter’s behaviour and potential consequences. You have to prove to the DWP that your intervention is preventing her from doing harm. So think of all the extra’s you have to do both big and small to keep her and others safe.

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  • Posted

    well have taken the advice on making a new claim for dla for my daughter but already it's been a week and still no word not even to say they have received my claim any ideas on how long before I'll hear guys !!

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