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legal advice re: tribunal today.
- orchid
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10 years 6 months ago - 10 years 6 months ago #112180 by orchid
legal advice re: tribunal today. was created by orchid
Hi all,
I'm writing to ask for advice on the law, and the position I am in with my appeal, which was meant to be heard today. The facts are as follows:
1. Took break from university due to I'll health
2. May 2012 put in claim for DLA. Unsuccessful. Appealed against decisions.
3. April 2013 put in second claim for DLA. Successful, awarded HRM.
4. Oct 2013 returned to university. Having DLA was/is only way I could have returned. I'm not expected to attend lectures, and am given recordings, notes, etc. Use speak-write software.
5. Tribunal today concerning claim from 2012.
6. I arrived at the court today, and my advisor from the council advised me, that whilst he believed I had a good case, and whilst the chair hearing was a fair chair, he did need to advise me of the following: that my newer 2013 claim could also be reviewed, and that they could take that award away from me.
7. I decided not to go in. And my advisor went up to tell the clerk they had received a phone call that I was too sick to attend and wanted to withdraw my case.
So... I have the following questions:
A. I know the tribunal can decide in my absence... But can they also decide to take away the 2013 claim in my absence?
B. Am I correct in thinking that as I was not present at tribunal, I can ask for a set aside of any decision made? And if so, am I allowed to then just withdraw my case, leaving my 2013 award unaffected?
I would have to leave my degree without my DLA. So am obviously very concerned about this.
I'm writing to ask for advice on the law, and the position I am in with my appeal, which was meant to be heard today. The facts are as follows:
1. Took break from university due to I'll health
2. May 2012 put in claim for DLA. Unsuccessful. Appealed against decisions.
3. April 2013 put in second claim for DLA. Successful, awarded HRM.
4. Oct 2013 returned to university. Having DLA was/is only way I could have returned. I'm not expected to attend lectures, and am given recordings, notes, etc. Use speak-write software.
5. Tribunal today concerning claim from 2012.
6. I arrived at the court today, and my advisor from the council advised me, that whilst he believed I had a good case, and whilst the chair hearing was a fair chair, he did need to advise me of the following: that my newer 2013 claim could also be reviewed, and that they could take that award away from me.
7. I decided not to go in. And my advisor went up to tell the clerk they had received a phone call that I was too sick to attend and wanted to withdraw my case.
So... I have the following questions:
A. I know the tribunal can decide in my absence... But can they also decide to take away the 2013 claim in my absence?
B. Am I correct in thinking that as I was not present at tribunal, I can ask for a set aside of any decision made? And if so, am I allowed to then just withdraw my case, leaving my 2013 award unaffected?
I would have to leave my degree without my DLA. So am obviously very concerned about this.
Last edit: 10 years 6 months ago by . Reason: Tick.
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- Gordon
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10 years 6 months ago #112185 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic legal advice re: tribunal today.
Orchid
I think you should start by qualifying with your advisor what was said by the Judge, were they told by the judge that if you continue with the appeal that there was a risk to your current award of DLA or not?
My non-legal opinion is that that the Tribunal cannot, as a matter of law, review your current award, the Decision to award was made as the result of a separate application and assessment and in no way is connected to the original failure to award that you appealed.
My non-legal opinion is that if the panel had removed or changed your current award it would constitute an Error of Law and would be appealable to the Upper Tribunal.
The panel can only consider your health, care and mobility needs as they were in May 2012, any change since then is outside of their remit to consider.
In regard your current situation.
According to your post, the appeal was withdrawn, therefore there should have been no hearing, even in your absence, if you had asked for an adjournment, then it would have been possible for a hearing to have been held, and you could have challenged any Decision on the basis of it being held in your absence.
Gordon
I think you should start by qualifying with your advisor what was said by the Judge, were they told by the judge that if you continue with the appeal that there was a risk to your current award of DLA or not?
My non-legal opinion is that that the Tribunal cannot, as a matter of law, review your current award, the Decision to award was made as the result of a separate application and assessment and in no way is connected to the original failure to award that you appealed.
My non-legal opinion is that if the panel had removed or changed your current award it would constitute an Error of Law and would be appealable to the Upper Tribunal.
The panel can only consider your health, care and mobility needs as they were in May 2012, any change since then is outside of their remit to consider.
In regard your current situation.
According to your post, the appeal was withdrawn, therefore there should have been no hearing, even in your absence, if you had asked for an adjournment, then it would have been possible for a hearing to have been held, and you could have challenged any Decision on the basis of it being held in your absence.
Gordon
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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10 years 6 months ago #112225 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic legal advice re: tribunal today.
As the the appeal was withdrawn, all that Gordon has stated is correct.
Your current DLA award is safe.
Your current DLA award is safe.
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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