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TWO DLA APPEALS BEEN HEARD TOGETHER

  • letitia
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11 years 11 months ago - 11 years 11 months ago #85626 by letitia
TWO DLA APPEALS BEEN HEARD TOGETHER was created by letitia
hi all long time since posting almost 2 years have past since I lost my HRC +HRM INDEFINATE DLA award after totally incorrect EMP report to put it mildly,Commissioner set the tribunals decision aside ,was advised to make fresh claim while waiting for new date for appeal, Was awarded HRM +LRC on the fresh claim for 2 years,DM preferred the EMP report stated GPS report was inconclusive I requested all the reports and the EMP report was again incorrect .I appealed this decision as well ,I then received date for set aside decision 27/03.2012 ,on 26/03/2012 received phone call at 5-30 pm from tribunal clerk to tell me the next day tribunal had been suspended waiting on further info from DWP clerk didnt know what info they were waiting on . 29/03/2012 received letter from Atos apoligising for the EMP report as it was inaquate and not fit for purpose,I contactd DWP was told claim was sent back for reconsideration , heard nothing untill yesterday when received appeal papers for the fresh claim , the DM has removed the EMP report and has added my GPS report as preferred evidence even though she original stated it was inconclusive no change to the award , they are now saying the two appeals will be heard together , is this legal and did they have the power to suspend the set aside appeal waiting on Atos to get back on the fresh claim appeal
sorry for long post but this has been going on from feb 2010

letitia
Last edit: 11 years 11 months ago by slugsta.

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11 years 11 months ago #85650 by Gordon
Replied by Gordon on topic Re:TWO DLA APPEALS BEEN HEARD TOGETHER
letita

As far as I am aware they cannot hold the two hearings as one, but they could hear them back to back.

As each appeal deals with your conditions at different times, I can't see any way that a single panel could reasonably seperate the two claims.

If you have not already, I would get face to face advice regarding these matters, you may also want to consider whether you should request that different panels are assembled for each hearing. This may be a requirement anyway, but I can see strong positive and negative reasons for having the panel diferent in each hearing.

If they hold two hearings, then they will still be obeying the set aside Decision.

Hope this helps.

Gordon

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 11 months ago #85660 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:TWO DLA APPEALS BEEN HEARD TOGETHER
Hi Gordon,

To the best of my knowledge First-tier Tribunals can deal with and hear two or more appeals together if they relate to the same person or if they raise common issues.

When I sat on DLA Tribunals it wasn't uncommon for two or more appeals to be heard together against decisions not to award DLA.

I'm not aware that this procedure has changed, but of course the last time I sat on DLA Tribunals was in December 2005.

I seem to remember that Crazydiamond had several appeals heard together, so perhaps he could comment and advise if this procedure is still allowed.

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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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 11 months ago #85669 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:TWO DLA APPEALS BEEN HEARD TOGETHER
Hi,

I've checked with a former Tribunals Service colleague and it is possible for two appeals to be heard at the same time.

For example Mrs X applies for DLA and the DWP Decision Maker turns the application down so Mrs X appeals. Because Mrs X is advised by a benefits adviser that there is a long wait for an appeal, she is advised to make a new claim. The new claim is subsequently turned down.

Mrs X is advised to by her adviser to lodge a further appeal. Mrs X subsequently receives an appeal date at which the Tribunal considers both claims at the same time.

This a hypothetical scenario but is used as an example that two appeals can be heard by the same Tribunal at one hearing on the same day.

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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  • letitia
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11 years 11 months ago #85670 by letitia
Replied by letitia on topic Re:TWO DLA APPEALS BEEN HEARD TOGETHER
thanks gordon and jim for replying much appreciated ,can you clarify for me can the decision maker move the goalposts at reconsideration stage even though i didnt ask for it went straight for appealing ,original decision based on EMP report when this was found unfit for purpose by Atos ,the DM removed the EMP preferred evidence and added my GPS as preferred ,even though at the first decision ruled my GPS evidence as Inconclusive and could they postpone my set aside appeal which I had already a date for waiting for Atos to get back to them on my fresh claim which was 2 years later , all help greatly appreciated

letitia

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 11 months ago #85678 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:TWO DLA APPEALS BEEN HEARD TOGETHER
Hi ,

With respect, you are asking for specific advice about your claim which we cannot provide.

See Forum FAQ.

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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