No medical evidence (a bit long, sorry!)

Thank you, Jim and Gordon, for your replies.

I was warned that my mobility award would be at risk if the tribunal was adjourned and I was given the option of dropping my appeal. I just couldn’t face going through the whole claim process again, it has taken a year to get this far.

I am relieved that I may not have to face this panel when the tribunal reconvenes; I was told that this venue was going to be closed down and it will be held at a different town (would this be cuts?).

I have thought about complaining about the way the tribunal was conducted, but wasn’t sure whether I had unrealistic expectations about what would take place, for instance; there is a doctor present, so I expected to be examined by him, at the very least medical questions asked, and the disability expert may well have asked questions about day to day management of my life and what I need support with, but they both said nothing. I also expected a representative from the DWP to be present, but there wasn’t; they didn’t even bother turning up.

I am going to print off your guides in the link and try and get a better idea of how the proceedings at a tribunal would usually be conducted.

The question is; if I feel that I am not being allowed to present my case what am I able to do about it on the day?

Hi,

Just to clarify, the Medical Member ( usually a GP) of the panel is NOT allowed to examine you, on the day of the appeal. They and the Tribunal Judge and Disability Specialist have to decide whether or not your appeal succeeds based upon evidence supplied by the DWP Decision Maker and what's contained in your submission. Now of course, it will also include a medical report from an EMP.

However, a Tribunal is a complete rehearing of your claim, and they are not bound to accept an EMP report in preference to your submission. In fact most DLA appeals succeed not because of any real new medical evidence presented, but because of what the appellant tells the Tribunal about their needs on the day of the hearing.

Any decent WRO experienced in dealing with DLA appeals could knock this travesty of not allowing you to present your case for six.

The question is; if I feel that I am not being allowed to present my case what am I able to do about it on the day?

You must be allowed to present your case, otherwise as I stated in my last post it would be a breach of Article 6 of the Human Rights Act 1998, 'right to a fair hearing'. Being denied that is an error of law and appealable to an Upper Tribunal.

However, there is a limit to the advice that we can give in an open forum, you really need help from a WRO officer or your CAB may have a Benefits Adviser. If you are able to give me a rough idea of the area in which you live, I may be able to provide you with an individual or organisation to help you with your appeal.

In this instance, I feel that you have had such a raw deal that if you don't feel able to do this in the forum, then e-mail me deleted by me and I'll try and find an experienced adviser for you.

If you decide to e-mail me, can you do it ASAP, as once I've heard from you I'll delete my advice e-mail address as I don't want to be bombarded with requests for individual advice as I'm 72 years old in December and not in good health.

Kind regards.

Jim

Jim, I have emailed you.



Tansyhill