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DLA Appeal failed - no Statement of Reasons

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10 years 8 months ago - 10 years 8 months ago #106714 by David
My DLA Appeal took place on 6 February. After receiving notice that my appeal had been refused, I wrote asking for a Record of the Proceedings and a Statement of Reasons, to see whether there might be any grounds for an Appeal to the Upper Tribunal. I received the Record of the Proceedings within a few weeks, but despite several reminders being sent to the Judge by the Tribunal Service, the Statement of Reasons has not been forthcoming. :(

Is this a common occurrence and is there anything I can do about it?
Last edit: 10 years 8 months ago by Gordon.

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10 years 8 months ago - 10 years 8 months ago #106729 by Gordon
Replied by Gordon on topic DLA Appeal failed - no Statement of Reasons

IsaacDavid wrote: My DLA Appeal took place on 6 February. After receiving notice that my appeal had been refused, I wrote asking for a Record of the Proceedings and a Statement of Reasons, to see whether there might be any grounds for an Appeal to the Upper Tribunal. I received the Record of the Proceedings within a few weeks, but despite several reminders being sent to the Judge by the Tribunal Service, the Statement of Reasons has not been forthcoming. :(

Is this a common occurrence and is there anything I can do about it?


I would have expected a SoR to take no longer than three months to produce, but I am not aware of a requirement for the Judge to produce it within a specific timescale.

As you have already been in touch with the Tribunal Service, there is probably not much more that you can do, I am assuming that they agree that it is outstanding??

We normally advise members contact their MP, I am not saying you should not do this in this instance, but it is one of those cases where an MP can probably do little to assist, and may be reluctant to help.

Contacting your MP

You may be able to make a formal complaint to the Tribunal Service, however, I would recommend your discussing the matter with the Tribunal Service before doing so.

Complaining to the Tribunal Service

Other than you continuing to chase the TS, there is not much else I can suggest.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 8 months ago by Gordon.

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10 years 8 months ago #106742 by David
Thanks, Gordon. I think I'll wait a few more months before considering a complaint to the Tribunal Service.

I doubt I'll contact my PM, though I do have a positive story on that score:

A few months ago I visited my dentist for a check up, but was turned away because the DWP's letter confirming the outcome of an ESA Appeal was ambiguous about whether I was receiving Income Related ESA (which would have entitled me to free dental treatment). The unsuccessful visit cost me £8 in taxi fares. I contacted the DWP and they sent me a letter confirming I was receiving Income Related ESA, so I was able to re-book my appointment.

At the same time, I contacted my MP to point out the inconvenience caused by this situation (and the likely cost to the DWP of having to correct poor information). She passed on my concern to the DWP . Apart from giving some vague indication they might take my point into consideration when they next redesign their forms, they also paid me £8 compensation for the taxis and £25 for the inconvenience suffered—without asking for any documentary proof. How different from the general experience!

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10 years 8 months ago #106744 by Gordon
Replied by Gordon on topic DLA Appeal failed - no Statement of Reasons
IsaacDavid

It never ceases to amaze me you far the DWP will bend over backwards when an MP is involved, if only they could get it right in the first place, but I guess that is expecting too much of them.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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