Tribunal on a DLA application I did not appeal hel

Hi, I had an appeal in July 2014 on a dla application that I did not appeal this is after waiting a year for a date, the dwp put the wrong application in the bundle they put in my application taht i made in 2012 which i did not appeal , whilst i pointed this out they still went ahead and heard it and would not hear the application to which i was appealing that i had made in 2013.

They them selves also identified this and my hearing date which was originally supposed to be in Feb2013 was adjourned for that reason and direction notice was sent,

they dwp has responded back and said that the dates where wrong and that it was the correct application, when it was not i then sent all paperwork to the courts identifying that was not the case, but the courts still said they would hear that application as the 2013 application was not in front of them. cut a long story short it was refused.

I then contacted dwp and asked what was happening with my 2013 application, to be told that i had 2 files and that they had to get it from Blackpool

after waiting a week and a half they contact me back and say that the decision maker has agreed that my application should go to tribunal now i am waiting again for a hearing date,

could you offer any advice my rep from the law centre who was present at hearing as requested a statement of reason but it is so confusing - help

JB wrote: Hi, I had an appeal in July 2014 on a dla application that I did not appeal this is after waiting a year for a date, the dwp put the wrong application in the bundle they put in my application taht i made in 2012 which i did not appeal , whilst i pointed this out they still went ahead and heard it and would not hear the application to which i was appealing that i had made in 2013.

They them selves also identified this and my hearing date which was originally supposed to be in Feb2013 was adjourned for that reason and direction notice was sent,

they dwp has responded back and said that the dates where wrong and that it was the correct application, when it was not i then sent all paperwork to the courts identifying that was not the case, but the courts still said they would hear that application as the 2013 application was not in front of them. cut a long story short it was refused.

I then contacted dwp and asked what was happening with my 2013 application, to be told that i had 2 files and that they had to get it from Blackpool

after waiting a week and a half they contact me back and say that the decision maker has agreed that my application should go to tribunal now i am waiting again for a hearing date,

could you offer any advice my rep from the law centre who was present at hearing as requested a statement of reason but it is so confusing - help

Hi JB,

If I am understanding you correctly, evidence from a DLA decision that was made in 2012, which you did not appeal, has been used in an appeal in a more recent DLA decision that you have appealed.

Your rep, has done the right thing in : Requesting a Wriiten Statement of Reasons from The Tribunal. (FTT)

They should also receive a Record of Proceedings.

This is the first obligatory step, in assessing whether there has been : An Error of Law.

“Errors in Law” can include : Insufficient findings of fact, failure to explain why they have disregarded any evidence favourable to the appelant, failure to explain why they’ve relied on any material evidence against the appelant particularly where that evidence was put at issue by the appelant, complete mishandling of relevant evidence or applying the law incorrectly, etc.

If an error of law can be identified, then this will mean that you may be able to appeal to The Upper Tier :

Appealing to The Upper Tier, DR UK Factsheet

A request to appeal to The UTT would need to be made directly to The Tribunal (First Tier (FTT) ) that heard your appeal.

If there has been a blatant error of law a District Judge may decide that the adverse decision should be set aside immediately. Therefore doing away with the need for an appeal to The UTT. If it is set aside, a new hearing should be arranged, with or without directions.

You can't really do much more until your Rep receives The S of R and R of P.

You could also make a complaint to The DWP as a separate issue, if you feel that they have Mal-administered your appeal :

Complaining to The DWP

See also : Complaining to the Tribunal Service

Another option may be to enlist the support of your M.P. :

Contacting your MP

Please keep us updated.

bro58

thanks bro 58 will let you know