Earlier this year I was refused DLA and despite expecting to be represented, the rep’s secretary had put the wrong date in his diary. The Chairman did not ask me whether I wanted to have the case adjourned, and my never being at a tribunal or knowing the procedures of such, thought that I must have to represent myself.
I thought that in the circumstances, I put up a strong case for at least being granted DLA. However, the tribunal sent myself and home and told me that I would receive the decision in the post within a couple of days. I did receive the decision and it was a refusal of any benefits. Thanks to B&W and the advice I took on board, I asked the chairman to set the decide, when he refused I appealed to the District Chairman and still got nowhere, and Jim was rightfully confident that I would eventually get the ‘first tier’ Tribunal’s decision set aside.
I appealed to higher authorities in London and I did get the decision set aside. Below the a word for word decision of the ‘Upper Tribunal’s’ decision.



REASONS FOR DECISION.


1) The claimant and appellant is appealing against a decision of the Liverpool Tribunal on 10 06 2008.
2) The parties have agreed that I set aside the decision of the Tribunal, and refer it for rehearing, for the reasons given when I granted permission to appeal. These are:

“In my view fairness requires that this appeal be allowed and the decision sent to another tribunal to retake for a combination of reasons;
(a) The appellant was clearly expecting to be represented and the Tribunal knew this, and he had not prepared himself to proceed without representation, nor was he given any time to do so;
(b) There is nothing in the decision notice, the record of proceedings or the statement of reasons to indicate that the Tribunal asked the appellant if he wished to go ahead and considered with him any difficulties in the appellant agreeing to this;
(c) The papers show that there were special features about this case that made it more than a straightforward examination of the appellant’s mobility and care needs; and
(d) Separately from the above, the appellant’s current health problems themselves suggest the appropriateness of representation”

I would be most grateful if anyone could let me know whether the new tribunal will read the above decision and any weight it may or may not carry.

Regards.

Linsky

linsky wrote:

QUOTE:
Earlier this year I was refused DLA and despite expecting to be represented, the rep’s secretary had put the wrong date in his diary. The Chairman did not ask me whether I wanted to have the case adjourned, and my never being at a tribunal or knowing the procedures of such, thought that I must have to represent myself.
I thought that in the circumstances, I put up a strong case for at least being granted DLA. However, the tribunal sent myself and home and told me that I would receive the decision in the post within a couple of days. I did receive the decision and it was a refusal of any benefits. Thanks to B&W and the advice I took on board, I asked the chairman to set the decide, when he refused I appealed to the District Chairman and still got nowhere, and Jim was rightfully confident that I would eventually get the ‘first tier’ Tribunal’s decision set aside.
I appealed to higher authorities in London and I did get the decision set aside. Below the a word for word decision of the ‘Upper Tribunal’s’ decision.



REASONS FOR DECISION.


1) The claimant and appellant is appealing against a decision of the Liverpool Tribunal on 10 06 2008.
2) The parties have agreed that I set aside the decision of the Tribunal, and refer it for rehearing, for the reasons given when I granted permission to appeal. These are:

“In my view fairness requires that this appeal be allowed and the decision sent to another tribunal to retake for a combination of reasons;
(a) The appellant was clearly expecting to be represented and the Tribunal knew this, and he had not prepared himself to proceed without representation, nor was he given any time to do so;
(b) There is nothing in the decision notice, the record of proceedings or the statement of reasons to indicate that the Tribunal asked the appellant if he wished to go ahead and considered with him any difficulties in the appellant agreeing to this;
(c) The papers show that there were special features about this case that made it more than a straightforward examination of the appellant’s mobility and care needs; and
(d) Separately from the above, the appellant’s current health problems themselves suggest the appropriateness of representation”

I would be most grateful if anyone could let me know whether the new tribunal will read the above decision and any weight it may or may not carry.

Regards.

Linsky

Hi Linsky,

Congratulations on getting the initial appeal set aside.

With regards to your query, I will defer and await Jim to answer it as he has more knowledge on Appeal Tribunal 'mechanics' than myself. However I believe Jim is away for a few days hence it maybe a few days until he can reply.

Edit to ad, I have dropped Jim a message asking him to look at your query as and when he can.

Regards.

Pete

Thanks Pete, you are quick in replying. I only posted this message a few minutes ago. 'No rest for the wicked eh'
Regards
Linsky

Hi Linsky,

Thanks for your PM most appreciated Your new tribunal will be aware of the decision, but it won't carry any legal weight as it's a completely fresh hearing, but it will ensure that your new tribunal considers all the full facts.

A tribunal starts out knowing absolutely nothing about a case except what's in the case bundle sent to you and the DWP. The papers are sent to the tribunal panel about 2-3 weeks before the date of your hearing, which gives them time to study them fully before
they meet on the day.

Hope this helps.

Jim

PS. I didn't manage to get away as my wife and I have picked up a 'flu type' virus despite having the 'flu vaccine. However, I need some time to rest and find it hard to concentrate on a computer screen at present. I hope to be well enough to post again next week.

Thanks for sharing your knowledge with us Jim and I do hope that you take enough rest time to recover, ie. not overloading yourself with work.
Best Wishes to you both.

Linsky