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Dla tribunal lost but advice

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12 years 1 week ago - 12 years 1 week ago #83569 by Johninpain
Dla tribunal lost but advice was created by Johninpain
I went to a tribunal today and lost but the thing that is confusing me is some precedual errors that the tribunal were made aware of

Now the EMP report had lots of contradictions but the thing that seemed most striking to me was that the report did not have any personal info name /ni number on any page and the date was a day out also all referencse to this report state the wrong date is this a point of law?

Many thanks

Sarah
Last edit: 12 years 1 week ago by slugsta.

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12 years 1 week ago #83592 by Gordon
Replied by Gordon on topic Re:Dla tribunal lost but advice
Sarah

To be honest you need to get advice on this. See

Where to get advice?

From your post, these matters were raised at the Tribunal, are you suggesting that the report was not about you? If so, did you raise this at the Tribunal?

Given that you should have had the report for several months prior to the hearing, if you did not object to its inclusion at the hearing, then it would have been reasonable for the panel to accept it.

What is an Error of Law?

Gordon

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12 years 1 week ago - 12 years 1 week ago #83594 by Johninpain
Replied by Johninpain on topic Re:Dla tribunal lost but advice
Thank you I did make them aware of this sometime before the tribunal but it seems to have been missed?

I have asked for advice but she never mentioned i should complain about the faults before the tribunal just in my submission do i need a new advisor?

just one more question the tribunal stated i could ask for a supersession as John has got worse since june date of claim form
if i do this will the claim be taken from now or from sept the original date of claim/appeal/descision

Many thanks

Sarah
Last edit: 12 years 1 week ago by slugsta.

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12 years 1 week ago #83597 by slugsta
Replied by slugsta on topic Re:Dla tribunal lost but advice
Errors of law are very complicated, that is why we have suggested that you should take further expert advice regarding this.

As I understand it, a supersession is treated as a re-assessment and any decision will date from that was requested.

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12 years 1 week ago #83599 by Gordon
Replied by Gordon on topic Re:Dla tribunal lost but advice
Sarah

If you are already receiving advice, then there is little we can add to what I have already stated.

AS you are requesting a new Decision be made, it is therefore completely seperate from your appeal, it will therefore take affect from when it is made.

Gordon

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12 years 1 week ago #83607 by Johninpain
Replied by Johninpain on topic Re:Dla tribunal lost but advice
thank you for your help I will let you know what happens

Why do they make this all so complicated :(

Sorry i know you can't give me any personnal advice but in your opinion if it was you would i be better filling in a new claim and saying goodbye to any back pay or fighting point of law or other advice given

Many thanks

Sarah

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