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DLA appeal adjourned on the day
- JB
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10 years 2 months ago - 10 years 2 months ago #118951 by JB
DLA appeal adjourned on the day was created by JB
Hi B&W, my appeal hearing was adjourned on the day by telephone call from the court in the morning, the reason for this set out in the Direction Notice quote
1- appeal is adjourned for oral hearing on the first available date after reciept of medical evidence or after 28 days if i do not return medical consent form. Time estimate - 40 mins ? (however I did have to phone the court to inform them they had not sent consent form)
2- The tribunal clerk is directed to obtain a copy of my medical records for the period from 1 January 2012 to date.
3 - that i am to complete and return medical form within 14 days of direction notice ( which I did)
4- The secretary of state is directed to forward a copy of the following documents referred to in the submission within 28 days:
a. The claim form related to the claim made by the appellant on 20 April 2013
b. The medical report dated 24 May 2013 provided by my GP.
5 The hearing adjourned today as the tribunal bundle contained a claim form and medical report from 2012, and did not contain the form or medical report referred to in the Secretary of State's submission. The tribunal considered that it needed to see all of the evidence relevant to the current claim. The Tribunal also considered that further medical evidence would be of assistance. The overriding objective is satisfied by this adjournment.
I sent more medical evidence and also assume my GP will write a report I have notified her to expect this from the tribunal.
What the court picked up on in regards to the claim form, was also picked by my friend who was also coming with me that day, but it was to late to submit so we was to bring it up at the tribunal. However today I received from the courts evidence from DWP which they respond 'Quote' - The decision maker has made a further submission on form DBD322 which is attached to this document as follows - With regards to the Tribunal Notice dated 21/02/2014 the Tribunal are respectfully informed that the date in the original submission are incorrect. The Actual date of claim is 20/042012. The claim pack and supporting documents within the appeal bundle are all relevant to the current appeal. The dates within the submission should end in 2012 instead of 2013 (Excluding the actual request for an appeal). This is what confuses me as I do have a copy of my application that I made in 2013 and correspondence from DWP in relation to this, so this is clearing misleading the courts, i do intend to send copy to the court and correspondence, but any advice would be truly grateful as I am confused as to what DWP are playing at. Thanks in advance JB.
1- appeal is adjourned for oral hearing on the first available date after reciept of medical evidence or after 28 days if i do not return medical consent form. Time estimate - 40 mins ? (however I did have to phone the court to inform them they had not sent consent form)
2- The tribunal clerk is directed to obtain a copy of my medical records for the period from 1 January 2012 to date.
3 - that i am to complete and return medical form within 14 days of direction notice ( which I did)
4- The secretary of state is directed to forward a copy of the following documents referred to in the submission within 28 days:
a. The claim form related to the claim made by the appellant on 20 April 2013
b. The medical report dated 24 May 2013 provided by my GP.
5 The hearing adjourned today as the tribunal bundle contained a claim form and medical report from 2012, and did not contain the form or medical report referred to in the Secretary of State's submission. The tribunal considered that it needed to see all of the evidence relevant to the current claim. The Tribunal also considered that further medical evidence would be of assistance. The overriding objective is satisfied by this adjournment.
I sent more medical evidence and also assume my GP will write a report I have notified her to expect this from the tribunal.
What the court picked up on in regards to the claim form, was also picked by my friend who was also coming with me that day, but it was to late to submit so we was to bring it up at the tribunal. However today I received from the courts evidence from DWP which they respond 'Quote' - The decision maker has made a further submission on form DBD322 which is attached to this document as follows - With regards to the Tribunal Notice dated 21/02/2014 the Tribunal are respectfully informed that the date in the original submission are incorrect. The Actual date of claim is 20/042012. The claim pack and supporting documents within the appeal bundle are all relevant to the current appeal. The dates within the submission should end in 2012 instead of 2013 (Excluding the actual request for an appeal). This is what confuses me as I do have a copy of my application that I made in 2013 and correspondence from DWP in relation to this, so this is clearing misleading the courts, i do intend to send copy to the court and correspondence, but any advice would be truly grateful as I am confused as to what DWP are playing at. Thanks in advance JB.
Last edit: 10 years 2 months ago by Gordon.
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10 years 2 months ago #118958 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA appeal adjourned on the day
JB
It is not impossible that the DWP have made a mistake for some reason, without more information on your claim it is difficult to advise, on the assumption that your claim or renewal was made only in 2013 then the questions that spring to mind are;
- what are these 2012 documents I assume that they are yours?
- did you make a claim or renewal in 2012?
- if you did, was there a Decision on the claim?
- why did you have to make a new claim or re-asessment in 2013?
- do you have any DWP documents that specifically relate to their use of the 2013 form?
Gordon
It is not impossible that the DWP have made a mistake for some reason, without more information on your claim it is difficult to advise, on the assumption that your claim or renewal was made only in 2013 then the questions that spring to mind are;
- what are these 2012 documents I assume that they are yours?
- did you make a claim or renewal in 2012?
- if you did, was there a Decision on the claim?
- why did you have to make a new claim or re-asessment in 2013?
- do you have any DWP documents that specifically relate to their use of the 2013 form?
Gordon
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 2 months ago #118989 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic DLA appeal adjourned on the day
I totally agree with Gordon. I sat on DLA appeals from 1994 to 2005 and often the Tribunal had to adjourn because of missing papers, conflicting evidence etc etc.
If they are not satisfied that all medical evidence is not before them, they have a legal duty to adjourn.
I may comment further when you've replied to Gordon's questions.
If they are not satisfied that all medical evidence is not before them, they have a legal duty to adjourn.
I may comment further when you've replied to Gordon's questions.
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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- JB
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10 years 2 months ago - 10 years 2 months ago #118990 by JB
Replied by JB on topic DLA appeal adjourned on the day
Hi Gordon,
- I had made an application in 2012 to which I was refused DLA I did not appeal their decision the documents are my DLA application that I sent in 2012, and this is the point they have sent that application in the bundle to the Tribunal and not my application that I made in 2013?
- I made a new claim in 2013 due to my health deteriating and being signed off by GP has not fit to work and this is the situation todate an this is the application I am appealing on as far as I am concerned.
I do have DWP paperwork that specifically relates to their use of the 2013 form.
My question also is how do they justify an appeal made in July 2013 for an application that was made in April 2012 and we are now in 2014??
Thank
JB
- I had made an application in 2012 to which I was refused DLA I did not appeal their decision the documents are my DLA application that I sent in 2012, and this is the point they have sent that application in the bundle to the Tribunal and not my application that I made in 2013?
- I made a new claim in 2013 due to my health deteriating and being signed off by GP has not fit to work and this is the situation todate an this is the application I am appealing on as far as I am concerned.
I do have DWP paperwork that specifically relates to their use of the 2013 form.
My question also is how do they justify an appeal made in July 2013 for an application that was made in April 2012 and we are now in 2014??
Thank
JB
Last edit: 10 years 2 months ago by Gordon.
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10 years 2 months ago - 10 years 2 months ago #118994 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA appeal adjourned on the day
JB
Thanks for the additional information.
Whilst it is very unusual, we are aware of appeals that have taken the best part of two years to be heard, but we are talking a couple a year at most.
I am sure that you already realised this, but the DWPs actions make no sense, for an appeal to have been made in 2013 on your 2012 application you would have had to have done so within 13 months of the Decision and whilst the DWP are quite easy on Late Appeals for ESA, they most certainly are not in regard to DLA claims.
All you can do is to inform the facts of your claim. First of all I think you need to show that there was a Decision on the 2012 claim and that it was not in your favour. You should have a Decision notice in regard to this.
Secondly you need to show that you made a new claim in 2013, things that I would expect you to have available;
- The DLA form should be date stamped with the date it needed to be returned, hopefully you copied the form and have the front page
- You should have letters from the DWP in relation to the claim.
- There should be a Decision letter.
- There should be a Statement of Reasons.
- If you made your appeal before the end of October 2013 the GL24 would have to have referred to the Decision date which would have been on the Decision letter.
- If it was after October 2013 then it would have initially have been a Mandatory Reconsideration, the important thing here is that you cannot have an MR for a Decision for a Decision in 2012. So if you had one this is an admission by the DWP that they were dealing with your 2013 claim.
Lastly go through the DWP evidence packet that you originally received, it should have all of the documents related to the appeal, whilst some of them may relate to the 2012 claim, anything that relates to the 2013, undermines their position.
Gordon
Thanks for the additional information.
Whilst it is very unusual, we are aware of appeals that have taken the best part of two years to be heard, but we are talking a couple a year at most.
I am sure that you already realised this, but the DWPs actions make no sense, for an appeal to have been made in 2013 on your 2012 application you would have had to have done so within 13 months of the Decision and whilst the DWP are quite easy on Late Appeals for ESA, they most certainly are not in regard to DLA claims.
All you can do is to inform the facts of your claim. First of all I think you need to show that there was a Decision on the 2012 claim and that it was not in your favour. You should have a Decision notice in regard to this.
Secondly you need to show that you made a new claim in 2013, things that I would expect you to have available;
- The DLA form should be date stamped with the date it needed to be returned, hopefully you copied the form and have the front page
- You should have letters from the DWP in relation to the claim.
- There should be a Decision letter.
- There should be a Statement of Reasons.
- If you made your appeal before the end of October 2013 the GL24 would have to have referred to the Decision date which would have been on the Decision letter.
- If it was after October 2013 then it would have initially have been a Mandatory Reconsideration, the important thing here is that you cannot have an MR for a Decision for a Decision in 2012. So if you had one this is an admission by the DWP that they were dealing with your 2013 claim.
Lastly go through the DWP evidence packet that you originally received, it should have all of the documents related to the appeal, whilst some of them may relate to the 2012 claim, anything that relates to the 2013, undermines their position.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 2 months ago by Gordon.
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 2 months ago #118996 by JB
Replied by JB on topic DLA appeal adjourned on the day
Thanks Gordon,
It is all very confusing, they used my ESA medical report which was done in April 2013 as part of their evidence and included it in the bundle, bearing in mind this is a application that I made in April 2012, so hopefully the tribunal will accept they have made an error.
That in itself is flawed with error and have to fight that battle on Friday 28th March, this hope experience is exhausting both mentally and physically. I do have copy as said before of my DLA form done in 2013 I downloaded it but I do have chronological correspondence on claim for 2013 from application which was made in February 2013,and starting from March 2013 - June 2013 and I lodged appeal in July 2013
Thanks
It is all very confusing, they used my ESA medical report which was done in April 2013 as part of their evidence and included it in the bundle, bearing in mind this is a application that I made in April 2012, so hopefully the tribunal will accept they have made an error.
That in itself is flawed with error and have to fight that battle on Friday 28th March, this hope experience is exhausting both mentally and physically. I do have copy as said before of my DLA form done in 2013 I downloaded it but I do have chronological correspondence on claim for 2013 from application which was made in February 2013,and starting from March 2013 - June 2013 and I lodged appeal in July 2013
Thanks
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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