× Members

D-day looms (tribunal date) - Q? on submissions

  • jeffw
  • Topic Author
11 years 10 months ago #25387 by jeffw
Have finally got my dla HR tribunal date 14 weeks later (as promised !!!).

You guys have already been of great help for me.

Now I have CAB preparing, but unable to represent/accompnay, submission of my evidence which amounts to a great letter by my GP and a detailed report on the mistakes by the home visit medical doctor (as guided by this site).

My CAB lady has been on hols for the last two weeks during which time the tribunal date arrived. She says that she sent the GP letter to DWP before her hols hoping that it would arrive in time to be included in the pack supplied by the DWP to the tribunal and persuade them on that evidence alone to review. Either they did not receive it and pass on in time or they have not been swayed. Either way I don't know if this valuable evidence has been passed on.
Now on her return she says she has set aside a day JUST two working days before the tribunal (due to her case load) to prepare and do my submission. She assures me she will fax it to the tribunal but I am fearful that the ink will run out on the fax machine the other end and be recorded as 'received' but with no info OR, it will be put into a 'pending' tray and miss the VERY short time available before the hearing.

SO...... is there a special way that this information should be presented that only my CAB advisor can 'handle' and present professionally ? If, bearing in mind my concerns, I submit it now about 8 working days before, myself to make sure they get it will I compromise myself ? Will two copies maybe presented differently be a problem.

My CAB lady doesn't seem perturbed about leaving it so late but after such a long wait without my dla and all the trauma surrounding the long wait for an appeal I would be devastated if my papers were not added to the pack.

Please advise.

Please Log in or Create an account to join the conversation.

  • tb1uk
11 years 10 months ago #25392 by tb1uk
hi. when you goto the tribunal, you will be asked by the clerk if you have anything else you want the tribunal to look at. hand it to him or her and they will have a chance to read it before you go in.

good luck

Please Log in or Create an account to join the conversation.

More
11 years 10 months ago #25404 by Derek4
Hi jeffw

When the DWP refuse to change a decision and pass the case over to appeal, any evidence you send from that point onwards should be sent to the Tribunals Service. If it were sent to the DWP (because it arrived late) they would automatically send it to the TS. When TS receive you evidence they number the pages, add it to the appeal papers and send you a copy, so you should have been sent a copy of your GP letter and any other evidence that will be presented to the Tribunal.

Submissions should be sent about 10 days before the hearing so that the panel have time to read it. An adjournment could result when lengthy documents are produced at the last minute.

There could also be confusion and complications if the TS receive submissions from both you and the CAB. If you don’t know what the CAB have said, and they don’t know what you have said, it cannot possibly be a well presented case.

At the hearing, the appeal papers you have should be an exact copy of what the Tribunal have, and you should not begin a tribunal hearing if all of the evidence you want them to see is not in the appeal papers. You can ask the Judge for an adjournment, which I know would cause you further anxiety but would surely be preferable than going ahead with missing supporting evidence.

I can tell you that two weeks before my hearing I started work on a submission and didn’t manage to complete it until the day before the hearing. I handed in 40 pages of documents on the day and asked for an adjournment and the Judge had no problem with that.

I have to say that it is totally unprofessional of the CAB to submit documents on behalf of a client two days before a hearing, without allowing the client to read it first. I was absolutely furious when my CAB representative wrote and submitted a completely fictitious and self-contradictory appeal statement to the DWP without letting me read it first (as agreed), and left me to pick up the pieces. I will make a formal complaint about it whenever I have time.

Best of luck

Derek

Please Log in or Create an account to join the conversation.

More
11 years 10 months ago #25423 by jima1
Hi Derek,

When I sat on DLA Tribunals from 1994 to 2005, we were always sent the case bundle at least 2-3 weeks before the date of the hearing, since many of the case bundles were often in excess of 100 pages. Also, quite often we were sent additional paperwork about 7 to 10 days before the hearings both from the DWP and appellants.

It is part of all the panel members duty to read through all the case papers and make notes in advance of the date of the hearing.

Appellants can submit further evidence on the day, but anything more than about 3 A4 pages is as you say could result in the tribunal being adjourned.

We are grateful to you and to other members for helping out with giving information/advice, as currently there is only Crazydiamond and me who are able to moderate.

Many thanks.

Jim

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

Please Log in or Create an account to join the conversation.

  • jeffw
  • Topic Author
11 years 10 months ago #25472 by jeffw
Thanks for that info.

The actual tribunal date letter asks for extra info to be sent 'at least 7 days before' in bold print.
The CAB lady has taken it on herself to submit MY report of the home visit and MY acquisition of the GP letter. I don't really see what else she can add, and I hope she is not intending to edit out text either.

Reading the small print of the tribunal date letter it says 'The office that made the decision has sent their submission.......this bundle contains exactly the same papers they have sent to you (ME). Unless we are sent anything else between now and the appeal this is the only information the tribunal will have apart from what may be said at the hearing'

Therefore CAB lady saying she sent my GP letter to DWP for reconsideration was too late anyway as DWP had sent the bundle.

My GP letter speaks for itself and I am very pleased with my home medical visit report written with guidance from this site.

Do I need to wait for CAB to submit for me just one day and 2 hours before the hearing or should I bite the bullet and send them directly myself. The only thing that stops me at present is not knowing if a submission is considered more 'professional' if done by CAB.

I just don't want this info to be overlooked or not received as obvioulsy the bundle from DWP concludes with the removal of my DLA so it is useless to my case as it stands alone without my GP letter and HMV report.

Please Log in or Create an account to join the conversation.

More
11 years 10 months ago #25478 by Derek4
Hi jeffw

When I phoned TS a few days before the hearing to inform them that I have a further submission, I was told not to send or fax it, but to take it to the hearing with me because the tribunal venue may not receive it from head office in time.

If your GP's letter was received by the DWP after they sent the bundle to TS, they should have sent your it and any other evidence they received to TS as soon as they received it. I don’t understand why your CAB representative didn’t just send another copy to TS.

My CAB representative’s fictitious and self-contradictory appeal statement certainly did not look more ‘professional’ than my own; it’s the content of the submission rather than the writer that is important.

I would suggest you send it yourself if you still have time, and take a copy with you to the tribunal just in case they do not receive it, but make sure you contact the CAB and leave a message so that your representative is aware.

Best of luck

Derek

Please Log in or Create an account to join the conversation.

Moderators: GaryBISCatherineWendyKellygreekqueenPeteKatherine
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.