Can I Say This in an Appeal?

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ATurtle

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Can I Say This in an Appeal?

  • on: 09 Jan 2013 08:36PM
I am putting in an appeal on a GL24 (hope there's enough room to write it all) and was wondering if I could put:

"The report used by the Decision Maker appears flawed:"

Obviously, if I call him a liar, I open myself to a legal case, but that's not too bad is it?

Quote
I wish to appeal the Secretary of Stateís decision regarding Disability Living Allowance dated 31/12/12.   The grounds for my appeal are:

The report used by the Decision Maker appears flawed:
   I have stiffness in BOTH knees, the right being worse.
   I have not had stiffness in my lower back for more than 2 years, when I had sciatica, so where this reported stiffness comes from I do not know.
   I do not have full flexion on my right knee; I have not had this since 1982.
   If the power in my right leg is normal, then the majority of people must be superhuman.  I have difficulty straightening it. 
   Apparently in my DL80 I used a distance of 130m to time walking speed, who, in their right mind would use a weird distance like this, as I have difficulty walking 20-40 yards, I would stop as soon as possible, not walk an extra 30m.
   I have difficulty getting into and out of the bath as I said to the HCP, I didnít realise he was also an ADA.
   I have difficulty putting on socks, on a regular basis, I have trouble getting my RIGHT knee to bend far enough and have to rely on my wife or a home-made aid to do this.
   I do not have normal power and grip in my hands, as I told the HCP, I cannot hold a 330ml can of drink without it sliding through my grip so I have to put my little finger under the can to keep it held.
   I find the implied suggestion that I sit while stirring food on the cooker to be a very unsafe one.  Also I cannot, without extreme discomfort, reach high enough, when sitting, to stir.

I find it incredible that an illness that is known to worsen in certain weather conditions cannot be considered apart from in hot, dry conditions.

If you do not overturn the appeal in my favour please forward this appeal to HM Tribunals Services for an oral hearing and send a copy of the papers to myself.

If anyone has any comments on the reasons above, let me know.   >tah<
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

Monic1511

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Re: Can I Say This in an Appeal?

  • on: 09 Jan 2013 09:05PM
Hi ATurtle

re this I have not had stiffness in my lower back for more than 2 years, when I had sciatica, so where this reported stiffness comes from I do not know.    I would drop this if you have had pain in your back or rephrase it

reword this "If the power in my right leg is normal, then the majority of people must be superhuman.  I have difficulty straightening it. " to the power in my right leg is not normal I have great difficulty straightening it.
I cannot walk more than 20 - 40 yards without having to stop and often cant walk 30 meters (deceide which measurement you are using & stick to the same one meters is probably better)

I can't see anything else that needs to be tweaked  & yes you can say "the report submitted to the decision maker is wrong and not an accurate reflection of my health."

You don't need to use the GL24 as it is very small - there is a template letter on the board but as long as you do a letter with your name address nino and date it today, send it to the office that sent you the decision letter.

Start the letter with
I wish to appeal the secretary of states decsion regarding Employment and support allowance (or DLA if this is for your DLA)  dated - (date on the decision letter).
then your text
& the bit about an oral hearing.

you can find the standard letters here http://ouchtoo.org/index.php?topic=4272.0  the attachments are in word documents so I hope you can see the ones you need

best wishes
Monic
« Last Edit: 09 Jan 2013 09:06PM by Monic1511 »

devine63

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Re: Can I Say This in an Appeal?

  • on: 10 Jan 2013 01:14AM

Hi
"Obviously, if I call him a liar, I open myself to a legal case"

As I understand it, if he lied and you can prove it, there is no reason why you should not say so.  You only open yourself to action if you say something about him which is untrue.

I would put it firmly:  "The HCP made a number of factual errors in his report.   Therefore the decision made is based on unreliable evidence."   And furthermore I would be contacting the HCP's professional body to make a formal complaint of professional misconduct!  [if we don't do that every single time one of them lies, we only encourage the others to keep lying]
regards, Deb

ATurtle

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Re: Can I Say This in an Appeal?

  • on: 10 Jan 2013 05:32PM
Coo, two hugs to give out, thanks very much for your assistance, I always find getting someone who knows something about your situation to read a letter makes it better.

 >hugs<
 >hugs<
 >tah<
Tony.

"I choose not to place "DIS", in my ability." - Robert M. Hensel

devine63

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Re: Can I Say This in an Appeal?

  • on: 10 Jan 2013 11:37PM
You're most welcome Aturtle.

regards, Deb