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DLA appeal advice
- H2o
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12 years 1 month ago - 12 years 1 month ago #102407 by H2o
DLA appeal advice was created by H2o
I am helping a friend with both an ESA and DLA appeal, I am not a lawyer.
Went for the DLA hearing today, the ESA hearing hasn't been set yet. The tribunal were going to use the disputed ESA report which is all the DWP used for the DLA decision, but after I gave them a copy of PJ v SSWP (ESA) [2011] UKUT 224 (AAC) (CE/2541/1010) www.cpag.org.uk/content/never-twain-shal...-dla-decision-making
they said that it would be unfair to my friend to continue as they had based their tribunal questions on the disputed ESA report, and couldn't now ignore what they had read. This seemed a bit odd as it would only have been disadvantageous to my friend, but the Judge was quite firm in his explanation.
The case is being put forward for a New tribunal, would you advise to to wait first for the ESA appeal where I will have to rubbish the ATOS report, or ask for a short notice DLA tribunal where the new panel will not be presented with the disputed report?
Went for the DLA hearing today, the ESA hearing hasn't been set yet. The tribunal were going to use the disputed ESA report which is all the DWP used for the DLA decision, but after I gave them a copy of PJ v SSWP (ESA) [2011] UKUT 224 (AAC) (CE/2541/1010) www.cpag.org.uk/content/never-twain-shal...-dla-decision-making
they said that it would be unfair to my friend to continue as they had based their tribunal questions on the disputed ESA report, and couldn't now ignore what they had read. This seemed a bit odd as it would only have been disadvantageous to my friend, but the Judge was quite firm in his explanation.
The case is being put forward for a New tribunal, would you advise to to wait first for the ESA appeal where I will have to rubbish the ATOS report, or ask for a short notice DLA tribunal where the new panel will not be presented with the disputed report?
Last edit: 12 years 1 month ago by .
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- Gordon
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12 years 1 month ago - 12 years 1 month ago #102413 by Gordon
I am afraid we are not qualified to offer advise on this matter.
Why can’t you answer a question about my specific claim?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA appeal advice
H2o wrote: I am helping a friend with both an ESA and DLA appeal, I am not a lawyer.
Went for the DLA hearing today, the ESA hearing hasn't been set yet. The tribunal were going to use the disputed ESA report which is all the DWP used for the DLA decision, but after I gave them a copy of PJ v SSWP (ESA) [2011] UKUT 224 (AAC) (CE/2541/1010) www.cpag.org.uk/content/never-twain-shal...-dla-decision-making
they said that it would be unfair to my friend to continue as they had based their tribunal questions on the disputed ESA report, and couldn't now ignore what they had read. This seemed a bit odd as it would only have been disadvantageous to my friend, but the Judge was quite firm in his explanation.
The case is being put forward for a New tribunal, would you advise to to wait first for the ESA appeal where I will have to rubbish the ATOS report, or ask for a short notice DLA tribunal where the new panel will not be presented with the disputed report?
I am afraid we are not qualified to offer advise on this matter.
Why can’t you answer a question about my specific claim?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 1 month ago by Gordon.
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