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having tribunal for dla-complicated see below
- Peter
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12 years 3 months ago #80470 by Peter
having tribunal for dla-complicated see below was created by Peter
hi i appealed against a dla claim i made last year,mid year i phoned up my illness had got worse and change of address,i asked did i need to submit new infor to tribunal or themselves..day before tribuanl i got call for medical re my claim for dla..on checking DLa new information had been classed as new claim.tribunal therefore suspended hearing pending medical from'New Claim',again i have been refused and there is errors in the medical report ie i can walk over 100 meters..i wish..now this is my problem..do i
a/ appeal against the medical to the tribunal?
b/ appeal to the descision maker at DLA?
or do both..if b will this trigger another tribunal?
as i do have evidence to support my mobility now..
any advice please
a/ appeal against the medical to the tribunal?
b/ appeal to the descision maker at DLA?
or do both..if b will this trigger another tribunal?
as i do have evidence to support my mobility now..
any advice please
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- Gordon
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12 years 3 months ago #80474 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:having tribunal for dla-complicated see below
Peter
As I understand it from your post.
You made a claim for DLA, which was turned down without award, you appealed this Decision.
Subsequently you health deteriorated further and you made a new claim for DLA, although you did not realise it at the time.
The day of you Appeal hearing coincided with the medical for your new DLA claim, so it was adjourned.
When a Decision was made on this new claim, you were again turned down for an award.
On the basis of the above being correct. You can appeal this new Decision by submitting a new GL24 to the DWP.
This second appeal will run in parallel to the first. You need to be careful not to confuse your evidence and reasons for appeal between the two.
The Tribunal panel hearing your original appeal can only hear evidence on your condition as it was at the time that the first Decision was made, so any information relating your current mobility problems is excluded but can be heard by a panel hearing your second appeal.
I hope this makes sense
Gordon
As I understand it from your post.
You made a claim for DLA, which was turned down without award, you appealed this Decision.
Subsequently you health deteriorated further and you made a new claim for DLA, although you did not realise it at the time.
The day of you Appeal hearing coincided with the medical for your new DLA claim, so it was adjourned.
When a Decision was made on this new claim, you were again turned down for an award.
On the basis of the above being correct. You can appeal this new Decision by submitting a new GL24 to the DWP.
This second appeal will run in parallel to the first. You need to be careful not to confuse your evidence and reasons for appeal between the two.
The Tribunal panel hearing your original appeal can only hear evidence on your condition as it was at the time that the first Decision was made, so any information relating your current mobility problems is excluded but can be heard by a panel hearing your second appeal.
I hope this makes sense
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Peter
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12 years 3 months ago #80509 by Peter
Replied by Peter on topic Re:having tribunal for dla-complicated see below
the tribunal decided to await this medical report before making a judgement,as they understood as i did it was a resubmission of evidence on advice from DWP, not a new claim,as i had not received any paperwork as such untill day before hearing(request for medical) and on this result of the medical it was refused.
so i have the medical report as evidence sent to me by the tribunal to me and a hearing in March so unsure which way to proceed,
submit evidence to challenge medical to tribunal?
or appeal to dwp?
and then have to await another lengthy period for a tribunal to go over the same evidence they have.
(the tribunal was not happy the dwp had created another claim,whilst a tribunal was reviewing the org claim)
so i have the medical report as evidence sent to me by the tribunal to me and a hearing in March so unsure which way to proceed,
submit evidence to challenge medical to tribunal?
or appeal to dwp?
and then have to await another lengthy period for a tribunal to go over the same evidence they have.
(the tribunal was not happy the dwp had created another claim,whilst a tribunal was reviewing the org claim)
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- Gordon
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12 years 3 months ago #80569 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:having tribunal for dla-complicated see below
Peter
If no new Decision has been made by the DWP then all matters must be directed to the Tribunal Service.
Sorry for the confusion
Gordon
If no new Decision has been made by the DWP then all matters must be directed to the Tribunal Service.
Sorry for the confusion
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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