tribunal hearings do they run on time?

Hi tb,

I believe that the definition for being awarded The Care Component of DLA, is that the "Care" is "Reasonably Required", not whether you are actually receiving the "Care".

See :

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

&

Appealing to The Upper Tier, DR UK Factsheet

You should not have been afraid of citing relevant caselaw, this is done at FTT's all the time.

bro58

thanks bro as i say i'll have to get the statement of reasons before i decide what to do if i take it further will it take another year do you know ?
many thanks for your help

teabag wrote: thanks bro as i say i'll have to get the statement of reasons before i decide what to do if i take it further will it take another year do you know ?
many thanks for your help

Hi tb,

I am not aware how long the current waiting time is for a UTT hearing.

One would imagine that it would be a shorter period than that of an FTT hearing.

If you are considering taking this route, I would advise that you try and gain professional help :

Where to get advice?

Legal Aid is still available for UTT Appeals.

bro58

Hi Bro,

You are correct. Care has to be 'reasonably required', not 'medically required' which enables claimant's living alone who reasonably require care but don't get it to claim DLA care component.

I'm still trying to figure out if this will be the case with PIP.

First-tier Tribunals often run late despite the reduction in hearings from eight per day to six.
Normally, a case will be allocated 40 minutes. A more complex case will be allocated two 40 minute slots. However, often the Tribunal are not aware of that until the day of the hearing, especially where last minute evidence is submitted by the DWP or claimant.

It was common for FtT DLA Tribunals to start at 9.30 am to 10.00am with never a break for coffee and often no lunch break either except for quick cuppa !

Best regards.

Jim

Hi I tried posting to my previous posts but wouldn't let me. Do you know if i appeal to Upper Tribunal about my DLA will i not get any payments until this is heard (I've never had DLA before) all tho i've read online that the FTT can change their decision

Hi tb,

I have merged your post with your previous topic.

If you are allowed to appeal to the UTT, then the decision made by The FTT will stand.

So you will continue to receive the the Lower Rate of Mobility for the duration of The UTT appeals process.

If you are successful at a UTT appeal they generally "set aside" the FTT decision, and send it back to The FTT with "directions".

bro58