Yes if you want to appeal to the Upper Tribunal you do have to find an error in law. When you get your decision you have to write and ask for a Statement of Reasons from the Chair of your Tribunal. This is the next hurdle in the long line of waiting! I wrote to them on 06 Jan and then I phoned to check they received it mid Jan because so much post goes 'missing', and guess what? They are dealing with requests in 'date of receipt of letter' order and when I phoned them in mid Jan they were still working on hearings from November 2011 and there is no set time for them to send it by. If you do not get your letters into them within a month of the decision then they do not have accept your request - it is scandalous. You then have to plough through their Statement to look for errors in law. For other reasons I was unable to have representation and so I'm up for a challenge finding something.
They made my decision on 22 December and supposedly were going to send it that day - I have never received that original letter. It was only because I was phoning them every day that they were open during Christmas and New Year that I finally spoke to an actual person who was interested in helping me rather than the other 'morons' who stuck to 'we cannot tell you over the phone', 'we can't send you a copy until the file is back in the office' (which they thought would be around the 10th Jan) before they could send a duplicate (they actually received it on the 5th) and 'they do not have Word on their computers so they cannot open the attachments send from the Clerk to the Tribunal'. They physically had to wait for the actual piece of paper on the file.
They sent my notification for the Tribunal Hearing on the 24 November 2011 and I received it 17 December for the hearing date on 22 December which did not give me sufficient time to send the final evidence to them in time for the hearing and so they asked me to email it and they would send it to the hearing in advance - did that happen? No it didn't, they had to photocopy my Docs letter and all the other documents. They held the hearing and then considered the extra evidence after I left and so I wasn't there to clarify any of these documents and DWP didn't receive the documents in advance of the hearing either. They promised me that it would be sent that day but it has never arrived - so I do not trust how they conduct themselves. I had asked for a cancellation as well but I didn't get one, because according to their letter they had given me a months notice!
They wrap you up in knots with their processes and now I'm just going to have to start all over again! If they had awarded me the care and mobility it would have been £11,000 they owed me because not only have I lost DLA but the severe disablement premium from ESA and disability allowance for Child Tax Credit. My first ESA was being decided at the same time as my DLA and after a reconsideration I was put in the support group but unfortunately they paid me the extra supplement because when my original claim for ESA was sent I was receiving DLA even though I wasn't receiving it when they made the ESA reconsideration and now they are after me for £2464 overpayment for the 9 months they paid me and I didn't even know they were connected as I had never claimed ESA before.
I'm beside myself!
Snap, Crackle..... how did I end up on the floor?!!!