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DLA tribunal postponement request

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12 years 9 months ago - 12 years 9 months ago #90147 by cynical_optimist
DLA tribunal postponement request was created by cynical_optimist
Hi all,

After thinking it'd be months before my tribunal date came through, a letter arrived last Friday saying my tribunal is to be on the 1st of September!

I've only just managed to find a local representative, and they can't see me 'til the 21st of August.

I've written to ask for a postponement, but now I'm really worried they'll say no, and hear it in my absence (or with me there unrepresented).

I wrote:

"To the Tribunal Service,

I have received my tribunal date, for the 1st of September 2012.

Unfortunately most of the services that assist with tribunal support locally are currently very busy, as I’m sure you understand, so my first appointment with a local representative is on the 21st of August 2012.

I’ve spoken to my representative and they have advised that they need more time to prepare for the appeal, as we will be providing further evidence, and I understand it needs to be sent to the appeal panel at least 7 days in advance

They are also unable to assist with Saturday tribunals, so I need to ask if I may please have a hearing on a weekday, not a Saturday."

Is there any chance this will be considered reasonable, and I'll get a postponement? I hate this uncertainty, it's really doing my head in!
Last edit: 12 years 9 months ago by slugsta.

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12 years 9 months ago #90169 by Crazydiamond
Replied by Crazydiamond on topic Re:DLA tribunal postponement request
What you are asking is for B & W to second-guess the procedure as laid down by the Tribunals Service with regard to the postponement of appeals.

It is the norm for each request to be taken on its merits, and the reasons for requesting a postponement will of course be taken into consideration, so therefore it is nigh on impossible to comment on whether a postponement request will succeed in you case?

It would be in your best interests if you could raise the issue with your representative who will be better placed to discuss any request for a postponement directly with you.

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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12 years 9 months ago #90215 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:DLA tribunal postponement request
As a retired WRO & DLA Tribunal Member, I concur with what Crazydiamond has posted.

However, if your representative is unable to put a case together, or represent you on the day of the hearing, you can always attend on your own and ask the Tribunal to 'adjourn' your Tribunal as opposed to postponing it.

However, you should be aware that the Tribunal may not grant your request to 'adjourn', so you need to discuss this tactic with your representative who has access to to your case files and provide 'face to face' advice, which we as moderators cannot do.

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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12 years 9 months ago - 12 years 9 months ago #90244 by cynical_optimist
Replied by cynical_optimist on topic Re:DLA tribunal postponement request
Thanks both,

I can't get to my rep before the 21st, I spoke to them by phone and they were unable to ask for the postponement on my behalf. I think I just have to cross my fingers and hope.

Mod edit. Your post was submitted at exactly 10.00 pm, so on this occasion has been approved.

However, members posting just about as the forum is due to be locked, may not have their posts approved, and certainly shouldn't expect a reply until the forum is unlocked
Last edit: 12 years 9 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).

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