My Story Falure to dsiclose medical Improvement

Hi Ron,

Sounds like you have a 'top notch' representative working with you.

I hope things go well for you, you certainly deserve it.

Best wishes.

Jim

Best wish's for friday because it sounds like you will need it, they hound good genuine people like your self on the Governments orders to claw back the black hole they have created in the Country. These people within the authority get them selves a bonus for every one they remove of the Employment Register, and they should all be removed from office for Discrimination against you. They would stop your breath if they could.Hang on in there Ron Raymond

Thanks for that. Yes I do hope it resolve itself at this hearing but we will have to see. My rep is a Barrister who knows me well so doing it pro bono but he is very thorough in preperation of and presentation of cases.

Anyhow will keep you posted.

Ron

Well very breifly went to the Tribunal yesterday. It ws adfjourned at 3pm. To be honest I think this thing will last for around 3 days!! We managed to got hrough one of the claim and started on the second but my wife become ill: thwe whole situation hsd becvome unberiable for her. As a reslut it has beern adjourned bu then there was a problem with one of the members is retiring so it will now proceed as a two person tribunal.

Will post more probably during the course of the week. Had s computer problenms this end and had to fromat C!!! There was no option but I am up and runnig again.

Ron

Oh Ron, I am so sorry to hear that you wife was taken ill. I do hope you both will get the result you deserve and are able to put this very stressful and traumatic situation behind you.

Kaz

Hi Ron,

Sorry to hear about this. As I'm sure you're aware Jim is still in hospital, but I've told him about your case and he says a DLA Tribunal can never ever comprise of two members , it must be three.

See Social Security and Child Support (Decisions and Appeals) Regulations 1999 Section 36(6) and Statutory Instrument 1999 No. 991 Composition of Appeal Tribunals.

An appeal tribunal shall consist of a legally qualified panel member, a medically qualified panel member and a panel member with a disability qualification in any appeal which relates to an attendance allowance or a disability living allowance under Part III of the Contributions and Benefits Act

You can find the full Act and SI : HERE

Shall means must, so there is no discretion in the matter. Unless there are 3 panel members, it will have to be adjourned until the panel member who's retiring is replaced.

This is also made clear in 'The Benchbook' for Social Security Tribunals 10 (6)

A tribunal hearing an appeal relating to disability living allowance or attendance allowance will consist of a lawyer chairman, a medical member and a member who is either himself disabled or has experience of working with disabled people: this is the same as the tribunal formerly known as the DAT (Disability Appeal Tribunal). However the tribunal, unlike the DAT, will not be limited to deciding disability issues but will hear all appeals relating to these benefits, including overpayments and questions of entitlement for claimants in residential homes, living abroad etc.


Best wishes.

Pat.