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TOPIC: DLA Appeal and missing bundle?

DLA Appeal and missing bundle? 6 months 3 weeks ago #93847

My daughter applied for DLA 10 months ago and was turned down. When we asked for a statement of reasons and all paperwork relevant they said they had lost her application along with statement of reasons, doctors supporting letters etc.

They sent another form and asked her to fill it in again which we did (I am her named advocate. She was once again turned down within 48 hours of them receiving the second form so we appealed the decision.

She was sent a letter stating that they were looking at her form again and she would hear within 11 weeks. It is now 10 weeks on and she has just received a letter/form from the Appeals asking her to fill in the form and to take account of the bundle she has received from the DLA with statement of reasons etc.

She has received no such bundle from DLA and they have proved exceedingly difficult on many occasions when I have written to them, [phrase removed].


Could someone answer the question: what is the bundle she should have had from the DLA and how can we get it?
Last Edit: 6 months 3 weeks ago by Gordon. Reason: removed potentially libelous statement
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Re:DLA Appeal and missing bundle? 6 months 3 weeks ago #93850

MD

The DLA unit should have sent you a copy of the evidence pack when the case was submitted to the Tribunal Service, you now need to contact the TS about this as they will be dealing with the case from this point forward. There should be contact information for the TS on the letter they have sent you.

Make sure you return the form to the Tribunal Service, as they will remove the appeal if you don't.

Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DLA Appeal and missing bundle? 6 months 3 weeks ago #93852

I apologise if this is a repeat question, not sure if my reply was sent.

Should we ring the Appeals service regarding the absence of the DLA bundle or just make a note on the reply form? many thanks
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Re:DLA Appeal and missing bundle? 6 months 3 weeks ago #93853

Hi MD,

Just to add to Gordon's good advice :

Bundle = Evidence Pack.

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DLA Appeal and missing bundle? 6 months 3 weeks ago #93854

mommaduck wrote:
I apologise if this is a repeat question, not sure if my reply was sent.

Should we ring the Appeals service regarding the absence of the DLA bundle or just make a note on the reply form? many thanks

Hi MD,

Whilst also taking heed of Gordon's advice, you should let the Tribunal Service know that you have not received your DLA Evidence Pack/Bundle from the DWP.

bro58
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:DLA Appeal and missing bundle? 6 months 3 weeks ago #93862

Just to reiterate the good advice given by Bro and Gordon, your case bundle must contain every document that is in the Tribunal Panels bundle. If anything was missing from your bundle then the Tribunal would most likely have to adjourn, unless there was only a page or so missing and you were supplied with a copy on the day of your hearing.

It is the job of the Clerk to the Tribunal to ensure that all panel members and the appellant all have the same case bundle.

I can only recall a few isolated incidents of a page being missing from my case bundle when I was a DLA Tribunal Member, and this was immediately corrected by the Clerk.

Best of luck with your appeal, and please let us know how things go.
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
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