What happens after DLA appeal tribunal?

zzzLazyDaisy · 3 August 2009 at 2:53PM

You are probably right. The test isn't clear cut, and hopefully when the written reasons come through, the tribunal will state clearly why they came to the decision they did (after all, they know the law, as well as the DLA)

This link gives more information about the factors to be taken into account

http://www.disabilityalliance.org/dlalaw.htm#Virtually

Also the tribunal must take all the evidence into account, not just that of the DLA doctor. Did your wife put in evidence of her own - a statement from her, or her gp, or someone who knows her well? did you attend the tribunal and speak for her? All this extra evidence ust also be considered by the tribunal in making their decision.

But really, there isn't much point in trying to second guess the outcome. You just have to hang in there for another three or four weeks and it will all become clear (not so easy to do, I know, I've been there)

nos4R2 · 3 August 2009 at 4:21PM

Thanks for that link, there's some good case law in there. Would any of that be permissible in appeals? We wrote in with a lot of evidence, but my wife was far to nervous to attend

Unfortunatly our GP does not know my wife very well, the GP we had for many years retired and we've only been with this one a few years, and we don't often see him.

zzzLazyDaisy · 4 August 2009 at 12:24AM

Yes either side is entitled to rely on the case law. But as I said before, try not to get ahead of yourself. Until DLA decide what they are doing, there is little point in speculating.

nos4R2 · 6 August 2009 at 4:00PM

Today we got the statement of reasons from the tribunal. They said that based on the evidence from the doctor they did not consider my wifes statement in the original application to be exaggerated, and as her condition would not have changed much between the original application and the examination by the DWP doctor, there for she fits the criteria for being virtually unable to walk. The only reason I can see for them to turn it down is if original application exaggerated the condition and the DWP doctor did the same. It also contained a lot of reasons why my wife should not be awarded the care component, whereas based on her sisters I would have thought it would have been the other way round.

zzzLazyDaisy · 6 August 2009 at 6:19PM

That's good. So the only avenue of appeal for the DLA is if they can produce convincing case law to say that the tribunal's interpretation of 'virtually unable to walk' is wrong in law.

Of course if they do appeal the mobility point, it is open to you to cross-appeal on the care component. Let's hope it doesn't come to that.

nos4R2 · 6 August 2009 at 10:16PM

Hopefully they'll see the statement and realise that if they appeal my wife might get a longer/in-determinant award and/or care component.

nos4R2 · 14 August 2009 at 11:37AM

The time limit for appeals (with statement of reason extension) has now been reached and we have heard nothing. I would have thought if they where going to appeal we would have heard something. Will phone DWP on Monday to see what is going on. Nearly 1 year anniversary of application for DLA

zzzLazyDaisy · 14 August 2009 at 10:03PM

If they are going to appeal you may not know for some time as I believe that the DLA don't have to let you know, so the first you would hear would be when you get notification from the commissioners (someone may correct me on this, but as far as I know, that is the procedure). So it is definitely worth phoning them and getting it 'from the horse's mouth'

Good luck and do let us know

nos4R2 · 17 August 2009 at 12:09PM

First thing this morning phoned the DLA people, the nice lady informed me that it had all gone through and my wife just had to sign some forms and return them for the arrears to be paid.

The postie later delivered the letter from the DWP. Just needed bank details and a few other things like do we get pension credits or income support (they know we get pension credits, they pay them to us), has my wife had a stay in hospital over the last year (during the award period), and what are her bank details (already given on the DLA application forms). So hopefully shouldn't be much longer before she gets it. Then i guess we'll have to go through it all again in 2 years time, or are they more likely to award it it on renewal?

Thanks for every ones support.

Morglin · 17 August 2009 at 12:16PM

No, there's no set formula - some cases sail through, and others seem to struggle, whether it's an initial claim or a review.

When it comes to review time, it might help if you had some input and help, at the start, from a Welfare Rights worker.

But, you should get the arrears owed to you shortly.

Lin

What happens after DLA appeal tribunal?

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