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TOPIC: DLA APPEAL & TRIBUNAL

DLA APPEAL & TRIBUNAL 7 years 8 months ago #78242

  • Angela R
My tribunal date is set for next Monday. During the Appeal period I have sent to the Courts additional evidence from hospital Consultants and extensive GP reports. These were forwarded to Blackpool and the DM still has refused to reinstate Higher Rate Mob and Middle Care. Thr letter arrived on Saturday.

I have a rare auto-immune disease which has taken 6 years to diagnose. I have now asked if the DM has a fully understanding and clinical knowledge of the disease. Trouble is, on good days I look OK and others I can't get out of bed. I've nothing to lose by attending the tribunal as they've already stopped DLA, but in view of their response,I feel the outcome will be the same. Can anyone help with a similiar experience?

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Re:DLA APPEAL & TRIBUNAL 7 years 8 months ago #78258

Angela R wrote:

My tribunal date is set for next Monday. During the Appeal period I have sent to the Courts additional evidence from hospital Consultants and extensive GP reports. These were forwarded to Blackpool and the DM still has refused to reinstate Higher Rate Mob and Middle Care. Thr letter arrived on Saturday.

I have a rare auto-immune disease which has taken 6 years to diagnose. I have now asked if the DM has a fully understanding and clinical knowledge of the disease. Trouble is, on good days I look OK and others I can't get out of bed. I've nothing to lose by attending the tribunal as they've already stopped DLA, but in view of their response,I feel the outcome will be the same. Can anyone help with a similiar experience?

The Decision Maker has no medical training but does have a access to this type of resource where a medical opinion is required.

Just because your latest evidence has not resulted in a revision of the Decision does not mean that a Tribunal panel will not view it differently.

The panel, which includes a doctor, is independant of the DWP and is tasked with reviewing all of the evidence in order to remake the Decision.

They will be interested in how your condition(s) effect you, so although your evidence is important, it will be what you say on the day the will have the most influence.

Good luck

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:DLA APPEAL & TRIBUNAL 7 years 8 months ago #78281

  • Angela R
Thanks Gordon. I'll let you know when the ordeal is over. Fingers crossed!

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Re:DLA APPEAL & TRIBUNAL 7 years 8 months ago #78307

  • pata1
Angela R wrote:

My tribunal date is set for next Monday. During the Appeal period I have sent to the Courts additional evidence from hospital Consultants and extensive GP reports. These were forwarded to Blackpool and the DM still has refused to reinstate Higher Rate Mob and Middle Care. Thr letter arrived on Saturday.

I have a rare auto-immune disease which has taken 6 years to diagnose. I have now asked if the DM has a fully understanding and clinical knowledge of the disease. Trouble is, on good days I look OK and others I can't get out of bed. I've nothing to lose by attending the tribunal as they've already stopped DLA, but in view of their response,I feel the outcome will be the same. Can anyone help with a similiar experience?


Hi Angela,

Only about 10% of cases submitting further medical evidence to a DWP Decision Maker (DM) result in the award being reinstated. Currently, to the best of my knowledge around 45 to 50% of appeals to a DLA Tribunal are successful.

Having attended numerous DLA appeals, most appeals succeed because the DM has not fully considered all the new evidence, mainly due to lack of time they spend on each case. Furthermore, a DM never sees a claimant which means they have about the same success rate as a DLA Tribunal hearing a 'paper hearing' , where all they can consider is what's in the case files.

By attending your appeal, the Tribunal can see you and put questions to you and vice versa. I'm not sure if you are attending on your own or you have representative helping you. If not, no need to worry the Tribunal give more leeway to appellants unrepresented.

However, you can take a relative, friend or anyone you wish with you. This can be just for moral support, or help to put your case, or they can act as a witness if they are fully aware of your mobility and care needs.

Inform the Clerk to the Tribunal if someone is assisting you, or is prepared to act as a witness.

Good luck with your appeal.

Pat. :)

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Last edit: by pata1. Reason: Corrected Typo.

Re:DLA APPEAL & TRIBUNAL 7 years 8 months ago #78516

  • Angela R
Thanks Pat. A friend is coming with me but I haven't advised the court.

I'll let you know the outcome. Angela

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Re:DLA APPEAL & TRIBUNAL 7 years 8 months ago #78593

  • pata1
Hi Angela,

No problem, you can advise the Clerk to the Tribunal on the day of your hearing.

If your friend is merely there for moral support, you don't need to let the clerk know.

If you intend to ask your friend to act as a witness and confirm your stated care/mobility needs, just let them know when you arrive at the waiting room.

If you feel you have any further relevant information for the Tribunal to consider, pass that to the clerk also.

The Tribunal Judge has the power to ask you or any witness to give evidence on oath,
a Tribunal is a Court of Law, albeit an informal one.

However, in all the years I attended Tribunals with Jim, the Tribunal Judge never exercised this power.

Good luck.

Pat

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Last edit: by pata1. Reason: Typo corrected.
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