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Tribunal

  • Leah x X x X
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12 years 2 weeks ago #82692 by Leah x X x X
Tribunal was created by Leah x X x X
I have been refused DLA and on appeal i was again refused, i have now recieved their letter asking if i want to go to tribunal for a further appeal i can, my question is if i go to tribunal and refused again can i appeal again or do i have to wait a certain amount of time before i can apply and start over again or once a tribunal has refused is that the end of the road? Also when i send them this form back to say yes i want to attend the hearing do i also send the copy of my medical records that i collected last week or do i just arrive with the medical records? many thanks Leah

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 2 weeks ago #82697 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Tribunal
Hi Leah,

I note that your recent DLA appeal was refused, but you have had a further letter asking if you want to appeal again.

Was this letter from the DWP, or from the Tribunals Service as normally you can only appeal again to a First-tier Tribunal if they have made an error of law.

See Benefit FAQ's
and scroll down to 'What is an Error of Law'.

If a First-tier Tribunal makes an 'error of law' then you can appeal to the Upper Tribunal ( formerly called Social Security Commissioners)

Any further queries, just post again and we'll do our best to assist you.

Kind regards.

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

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  • Leah x X x X
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12 years 2 weeks ago #82700 by Leah x X x X
Replied by Leah x X x X on topic Re:Tribunal
After i applied for DLA and got refused i sent a written letter saying why i disagreed with their decision, but they said their decision still stands, the letter i got this morning is headed HM courts and Tribunals service and states my appeal has been forwarded to these corts and will be heard by an independant tribunal. Sorry i'm hopeless at understanding whats going on, should i send the copy of my medical notes and if i get refused do i have to wait before applying again, sorry i'm not much clearer

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  • Leah x X x X
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12 years 2 weeks ago #82702 by Leah x X x X
Replied by Leah x X x X on topic Re:Tribunal
No its not from DWP its from tribunal service

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 2 weeks ago #82707 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Tribunal
Hi Leah,

The Tribunals Service should have all your medical notes for a Tribunal, so no need to send anything more unless your condition has worsened since your last Tribunal.

If it has, you can go ahead and appeal, but the Tribunal can only consider medical evidence up to the date of your last appeal.

If your condition has got worse, you can also make a new DLA claim which can run in tandem to a current appeal.

Hope this helps.

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

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  • Leah x X x X
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12 years 2 weeks ago #82710 by Leah x X x X
Replied by Leah x X x X on topic Re:Tribunal
Thanks Jim, i think i got confused because somebody had told me if you get refused after a tribunal hearing you are not allowed to take it further for another 6 months and after that 6 month period you have to start from scrath all over again as in request a form and apply for DLA, hopefully i got some wrong information

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