What happens after DLA appeal tribunal?

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  • healy
    healy Posts: 5,293
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    edited 13 July 2009 at 2:15PM
    nos4R2 wrote: »
    heard back from the DWP today. seems they are unable to pay any DLA because they do not agree with the unanimous desion of the tribunal. They are asking for a statment of reasons from the tribunal; these will be sent of for another review by the DWP with the possibility of an appeal.

    What's the point of having a tribunal and medicals examinations if they are not going to abide by the results? Should i be writing to my MP?

    If they do appeal, it rare for them to do that but they can only do it if there have been any errors in law. They may decide not to appeal it further, but if they do it would be best to get the help of an experienced Welfare Rights Officer.
  • nos4R2
    nos4R2 Posts: 45 Forumite
    thank you, i guess its again a case of waiting. The lady at the DWP said they should have the papers from the tribunal by august then it has to go to Blackpool for the next stage. can't believe how complicated it is. As i said i got mine years ago no prob and wife's sister and sister in law got theirs after a review; all for an indefinite period. In my opinion I would have said my wife was at least as bad as us, but them i am not a doctor, and biased.
  • nos4R2
    nos4R2 Posts: 45 Forumite
    Still heard nothing from the DWP, will phone them on monday, whats the point of having an appeals system if the DWP do not abide by the rullings?
  • AsknAnswer
    AsknAnswer Posts: 465 Forumite
    The DWP have a right to appeal to the Social Fund Commisioner if they believe the tribunal has erred in law, as does a claimant if they are turned down again by the tribunal and believe they have erred on a point of law.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497
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    As far as I know DLA have one month to request a statement of reasons from the tribunal. Once they receive it, they have one month to appeal to the commissioners. But I'm not a DLA specialist so hopefully someone will confirm or correct this.

    It is worth phoning and getting the name of the person dealing with your wife's claim. Also once the month is up, ask what if they have requested a statement of reasons. If they haven't they should pay up. If they have - I'd write the the appeal tribunal, pointing out that the DLA have asked for written reasons and ask them to send a copy to your wife at the same time.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • AsknAnswer
    AsknAnswer Posts: 465 Forumite
    A Statement of Reasons only extends an appeal period by 14 days. So it would be one month + 14 days to appeal after they have requested SoR
  • nos4R2
    nos4R2 Posts: 45 Forumite
    edited 2 August 2009 at 4:50PM
    Thanks folks, the DWP said something about asking for a statement of reasons but we have heard nothing from anyone for a while.
  • nos4R2
    nos4R2 Posts: 45 Forumite
    Just phoned the helpline and they put me through to the office that is dealing with my wife's claim, the person I spoke to said they have not got the paperwork back from the appeal yet which they asked for ten days after the ruling (why they could not have asked at the time I don't know). They will make their decision once they get it, they could appeal against the appeal decision. Can they keep appealing against the tribunal, can we, when will this situation reach an impasse?
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497
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    Well, they can appeal to the commissioners, and if you don't agree with the outcome you can appeal to the court of appeal. In practice this rarely happens because an appeal can only be made on a point of law, or if the tribunal made a perverse decision (eg the doctor said the claimant is capable of walking with little or no discomfirt, but the tribunal decided that she should get HRM DLA).

    I suspect this is what they are looking at - they probably believe the tribunal decision is inconsistent with the doctor's evidence. Hopefully the statement of reasons will specifically address the doctor's evidence and state why they have decided to uphold the appeal based on that evidence. The tribunal do not like their decisions going to appeal. They know that the reason for the request for a SOR is that an appeal is being considered, so they will be careful to word the SOR as tightly as possible to avoid this.

    What DLA CAN'T do, is to appeal on an issue of fact. In other words, if the tribunal have decided that your wife has certain needs which qualify for DLA, and they can justify this by reference to the evidence, including the DLA doctor's report, then the DLA can't appeal simply because they don't agree with that decision.

    Hang in there. Most cases do not go to appeal. Let us know what happens.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • nos4R2
    nos4R2 Posts: 45 Forumite
    The DWP doctor amoung other things said wife could walk 30m before having to stop for breath and would experiemce severe discomfort within 50 to 100 m. The tribunal considered this was enough to award HRMC. Is this what the DWP are questioning perhaps they think 50 to 100 m to far.
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