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What happens after DLA appeal tribunal?
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# 1
nos4R2
Old 09-07-2009, 4:03 PM
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Default What happens after DLA appeal tribunal?

My Wife applied for DLA last September and surprise surprise was turned down (do they ever give it first time?). We asked for a review and they admitted that she needed help with washing an bathing, and now instead of "just" COPD and arthritis, she also had emphysema, asthma and inflammatory arthritis, but still they refused.

We asked for an appeal and it was granted, at the first hearing the tribunal asked for more medical evidence and a doctor was sent round to see my wife. The DWP, even with the new doctors report supporting my wife, still maintained she did not qualify! The tribunal however did not fully agree with the DWP and awarded wife HRMC for 3 years (convenient, as she will be too old to reapply when it runs out), although they did concur that, her care needs were not bad enough to qualify.

I contacted the DWP to find out what happens next and they said they would need time to consider whether to appeal? What gives, it's getting on for a year since she applied and still nothing despite winning the appeal? Has anybody had experience of this, do they normally go with the appeal? When I got mine back in the 20th century it was a lot less trouble than this.
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# 2
cattie
Old 09-07-2009, 4:09 PM
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Originally Posted by nos4R2 View Post
The tribunal however did not fully agree with the DWP and awarded wife HRMC for 3 years (convenient, as she will be too old to reapply when it runs out), although they did concur that, her care needs were not bad enough to qualify.
.

I think you'll find that as long as your wife has a successful dla award before she is 65, it can still continue to be paid on successful renewals.

The age bar to dla is only that no new applications can be made after the age of 65 & Attendance Allowance is then the benefit to be applied for, though as you probably know, there is no mobility part to AA.
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# 3
healy
Old 09-07-2009, 4:16 PM
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Yes some people are granted DLA first time.

It is standard practice for the DWP to have the chance to appeal if there have been any errors in law, but it is rare for them to appeal.

I think Cattie has answered the rest of your questions.
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# 4
nos4R2
Old 09-07-2009, 4:31 PM
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thank you both for your replies. They are useful and reasuring
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# 5
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Old 09-07-2009, 4:33 PM
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Quote:
Originally Posted by nos4R2 View Post
My Wife applied for DLA last September and surprise surprise was turned down (do they ever give it first time?). We asked for a review and they admitted that she needed help with washing an bathing, and now instead of "just" COPD and arthritis, she also had emphysema, asthma and inflammatory arthritis, but still they refused.

We asked for an appeal and it was granted, at the first hearing the tribunal asked for more medical evidence and a doctor was sent round to see my wife. The DWP, even with the new doctors report supporting my wife, still maintained she did not qualify! The tribunal however did not fully agree with the DWP and awarded wife HRMC for 3 years (convenient, as she will be too old to reapply when it runs out), although they did concur that, her care needs were not bad enough to qualify.

I contacted the DWP to find out what happens next and they said they would need time to consider whether to appeal? What gives, it's getting on for a year since she applied and still nothing despite winning the appeal? Has anybody had experience of this, do they normally go with the appeal? When I got mine back in the 20th century it was a lot less trouble than this.
Congratulations on winning the appeal, how long has it been since your tribunal?

I finally won my appeal 2 years after 1st applying & it took a couple of months before my money came through.

Id keep on hassling them, ask to speak to a supervisor as that usually hurries them up.
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# 6
nos4R2
Old 09-07-2009, 4:41 PM
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its only a couple of weeks, just that when her sister got AA after asking for a review it came through within a few days, even before the letter.
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# 7
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Old 09-07-2009, 4:44 PM
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Originally Posted by nos4R2 View Post
its only a couple of weeks, just that when her sister got AA after asking for a review it came through within a few days, even before the letter.
Did you get the result of your appeal in writing at the tribunal, confirming what your wife is entitled to & from when as they backdate any monies your due.
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# 8
nos4R2
Old 09-07-2009, 5:05 PM
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Did you get the result of your appeal in writing at the tribunal, confirming what your wife is entitled to & from when as they backdate any monies your due.
Wife's nerves were to bad for her to attend the tribunal, but she got the results in the post a couple of days later, the letter confirms the tribunal has awarded her HRMC from when she applied last sept to oct 2011
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# 9
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Old 09-07-2009, 5:10 PM
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Originally Posted by nos4R2 View Post
Wife's nerves were to bad for her to attend the tribunal, but she got the results in the post a couple of days later, the letter confirms the tribunal has awarded her HRMC from when she applied last sept to oct 2011
As I said you will get all the money your wife was entitled to from Sept last year backdated but if you are worried give them a ring & chase them up, after all it's your money that they are with holding.

I had to chase mine up as at my tribunal the DLA woman told me I would hear from them with details of my reward within 6 wks & I didn't.

After calling them a few times & speaking to a supervisor I finally got my money.
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# 10
nos4R2
Old 09-07-2009, 10:10 PM
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Thanks, I give it a few weeks and see what transpires. Then I guess we'll have to go through it all again in a couple of years.
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# 11
nos4R2
Old 13-07-2009, 2:16 PM
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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?
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# 12
healy
Old 13-07-2009, 3:14 PM
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Originally Posted by nos4R2 View Post
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.

Last edited by healy; 13-07-2009 at 3:15 PM. Reason: typo
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# 13
nos4R2
Old 13-07-2009, 4:19 PM
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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.
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# 14
nos4R2
Old 02-08-2009, 1:31 PM
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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?
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# 15
AsknAnswer
Old 02-08-2009, 2:02 PM
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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.
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# 16
zzzLazyDaisy
Old 02-08-2009, 2:29 PM
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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.

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# 17
AsknAnswer
Old 02-08-2009, 4:04 PM
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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
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# 18
nos4R2
Old 02-08-2009, 5:46 PM
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Thanks folks, the DWP said something about asking for a statement of reasons but we have heard nothing from anyone for a while.

Last edited by nos4R2; 02-08-2009 at 5:50 PM.
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# 19
nos4R2
Old 03-08-2009, 10:58 AM
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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?
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# 20
zzzLazyDaisy
Old 03-08-2009, 11:36 AM
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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.

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