- Posts: 3
× Members
My Tribunal
- Elaine
- Topic Author
- Offline
Less More
10 years 8 months ago - 10 years 8 months ago #109107 by Elaine
My Tribunal was created by Elaine
I recently went from high rate care and high rate mobility on renewal of my claim for DLA, to low rate although there have been no changes in my health. I firstly asked them to look at my claim again, but the same award came back, I now have my pack sent and a tribunal date, my pack sent to me contained 289 pages, I have also wrote to the tribunal services with what I believe to be the facts and enclosed some additional medical information that I got from my cancer specialist and my G.P, they did originally ask my G.P for information, but the G.P that replied to them I hardly ever see him and he answered every question with no robust information, or no info on her notes. This was the damaging factor regarding my claim. But I have since sent them further supporting evidence, but they have not acknowledged it, I have also sent further evidence supporting my claim to the tribunal. I have been worried sick about going to this hearing and am making myself ill, does anyone know if the tribunal could consider they had enough evidence and cancel the hearing or would I have to ask them to cancel it and make a decision on the information they have. Also if I did do that would it be more damaging to my claim,
Any advice would be gratefully received.
Thanks Ellie
Any advice would be gratefully received.
Thanks Ellie
Last edit: 10 years 8 months ago by .
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51078
10 years 8 months ago #109113 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic My Tribunal
Elaine
Providing you have submitted all of the evidence that you wish to, you can switch from an Oral hearing to a Paper one, that you do not have to attend, at any time, just write to the Tribunal Service with your request. The hearing will be held at the earliest opportunity and you will be notified by letter of the result.
I have to warn you that the success rate for Paper hearings is significantly lower than that for hearings that the claimant attends, perhaps as low as 25% of the rate for an Oral hearing.
The claimant attending and answering the panels questions can be a significant factor in regard to their making a Decision, so although your 289 pages may be sufficient, your explaining your care and mobility needs face to face can make a real difference.
The following video will give you some idea of what a Tribunal is like, it is for ESA, so your DLA one will also have a Disability Member, but other than that the procedure is much the same.
MOJ Video of ESA Appeals Process and Tribunal
Gordon
Providing you have submitted all of the evidence that you wish to, you can switch from an Oral hearing to a Paper one, that you do not have to attend, at any time, just write to the Tribunal Service with your request. The hearing will be held at the earliest opportunity and you will be notified by letter of the result.
I have to warn you that the success rate for Paper hearings is significantly lower than that for hearings that the claimant attends, perhaps as low as 25% of the rate for an Oral hearing.
The claimant attending and answering the panels questions can be a significant factor in regard to their making a Decision, so although your 289 pages may be sufficient, your explaining your care and mobility needs face to face can make a real difference.
The following video will give you some idea of what a Tribunal is like, it is for ESA, so your DLA one will also have a Disability Member, but other than that the procedure is much the same.
MOJ Video of ESA Appeals Process and Tribunal
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Elaine
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris