Case Law

Thanks for your help.

Should i do a submission myself and do i argue the points the DWP have made to make their decision and if so do i go into detail or should i argue my points on the day of the tribunal.

Totally agree with Gordon's advice. Any submission should have been made at least two weeks ago.

If you summit a long decision now, there's a strong possibility that the Tribunal would adjourn to give them time to read it.

Again, as Gordon advises, limit you submission to one A4 page.

A Tribunal's role is an inquisitorial function, so be prepared to answer any questions they put to you.

If you have an unexperienced representative, then that could be in your favour since a Tribunal's other role is an enabling one, i.e. they have to enable you to put forward the best case possible.

God luck.

Thanks for your advice Jim

We sent the form to the tribunal to confirm that we wanted the hearing to proceed expecting to hear from them in 7 to 11 weeks(Turn around) to tell us when the hearing will be which is what it said on the letter. However we were given the date a week later and so we asked for more time so that we could get a representative for the hearing and obtain more advice. This was two weeks ago. They turned down our application to postpone it. Unfortunately they don't have any experienced representatives at the CAB in Conwy and I could.t find anyone who had the time to write the submission. Would it be possible to send a copy of the submission I am writing to you to see if it words right?

Regretfully, we don't have a personal message service and as I'm now 73 years of age, I'm afraid I can only give answers in the forum. My own health problems have stopped me from taking on any casework be it paid or 'pro bono' work relating to DLA or PIP.

The only work I'm able to do now is as a moderator for B & W. All moderators have chronic health or disability themselves, and work as volunteers.

It's still possible that when the Tribunal convene on the day of the hearing that they could adjourn the proceedings. The difference between a postponement and an adjournment is as below (taken from my guide GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS) the link which I sent you.

6. Applications for postponement

Where it becomes apparent that the client will not be in a position to proceed on the scheduled hearing date, by reason of illness, unavailability of essential evidence or other good cause, an application may be made to the clerk to the tribunal for a postponement. The application has to be in writing. It should explain the circumstances and, if possible, give an indication when the client might be ready to proceed, so that a new date can be fixed. Where the application is based on illness, it would be helpful to provide details of its nature and restricting effects, so that alternative arrangements might be considered.

Having lodged an application for a postponement, the representative should await confirmation that it has been granted before advising the client that there is no need to attend. For it is possible that the application might be refused and the tribunal might decide to proceed with the hearing on the set date in the client’s absence.

7. Applications for adjournment

An application for a postponement is made to the clerk before the day scheduled for the hearing. An application for an adjournment is made to the tribunal on the day of the hearing. Adjourning delays not only the case in question but also other cases that could have been heard earlier. Representatives should only request adjournments in exceptional circumstances. Tribunals will only grant an adjournment, or adjourn of their own motion, where they are satisfied that the interests of justice so demand.

As in the case of postponements, representatives should not assume that an application for an adjournment will be granted and should be prepared for the tribunal to decide to proceed to deal with the appeal on the day. Where the tribunal does adjourn, it will want to give directions to move the case forward by, for example, identifying further evidence needed and setting a new hearing date. Representatives should be prepared to assist in settling those arrangements.