DLA tribunal- what does this mean?

Hi chk180182,
As soon as am appeal is lodged DWP has a duty to provide a set of appeal papers (Appeal bundle) this basically comprises copies of claim form/s, decisions, any assessment report, copies of any medical or other evidence you have sent in. In effect all documents relevant to the case.

So....without any evidence from DWP the tribunal will only hear your side. If this is your first claim then you will still need to prove that you have various care needs and or mobility difficulties to satisfy an award.
However if you have had a previous ongoing claim that DWP reviews and then reduced or stopped, (which is called a Supersession,) then DWP have to show your health issues have improved sufficiently that care needs and or mobility have also reduced and a smaller or no award is now the correct decision.
There is a possibility that DWP now being aware that they have failed to produce the bundle might ask fir an adjournment. You should resist this. Mention the delay, and if relevant any stress and anxiety etc caused by the delay, and that DWP have had every opportunity to comply with the law.

See this

24.—(1) When a decision maker receives a copy of a notice of appeal from the Tribunal under rule 22(7), the decision maker must send or deliver a response to the Tribunal....


.....(c)within 28 days after the date on which the decision maker received the copy of the notice of appeal.

(1A) Where a decision maker receives a notice of appeal from an appellant under rule 23(2), the decision maker must send or deliver a response to the Tribunal so that it is received as soon as reasonably practicable after the decision maker received the notice of appeal.]

(2) The response must state—

(a)the name and address of the decision maker;

(b)the name and address of the decision maker's representative (if any);

(c)an address where documents for the decision maker may be sent or delivered;

(d)the names and addresses of any other respondents and their representatives (if any);

(e)whether the decision maker opposes the appellant's case and, if so, any grounds for such opposition which are not set out in any documents which are before the Tribunal; and

(f)any further information. required by a practice direction or direction.

(3) The response may include a submission as to whether it would be appropriate for the case to be disposed of without a hearing.

(4) The decision maker must provide with the response—

(a)a copy of any written record of the decision under challenge, and any statement of reasons for that decision, if they were not sent with the notice of appeal;

(b)copies of all documents relevant to the case in the decision maker's possession, unless a practice direction or direction states otherwise; and

(c)in cases to which rule 23 (cases in which the notice of appeal is to be sent to the decision maker) applies, a copy of the notice of appeal, any documents provided by the appellant with the notice of appeal and (if they have not otherwise been provided to the Tribunal) the name and address of the appellant's representative (if any).

(5) The decision maker must provide a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

(6) The appellant and any other respondent may make a written submission and supply further documents in reply to the decision maker's response.

(7) Any submission or further documents under paragraph (6) must be provided to the Tribunal within 1 month after the date on which the decision maker sent the response to the party providing the reply, and the Tribunal must send a copy to each other party.
The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Also have a look at rule 2 - avoiding delay and rule 8 - which confirms that where DWP (respondent) has failed to provide papers it can take no further part.
www.legislation.gov.uk/uksi/2008/2685
I hope this helps
LL26