Can Dla battle you in the courts

bjorky

My friend has had High Rate DLA since 1999 and never had problems until all of a sudden her dla was stopped without warning, she cant look after herself or be herself, she had a medical up at her house and the doctor came on a Sunday, he said everything would be done and dusted, she just got a letter saying she has to attend a court in glasgow to battle her appeal against why her dla was suddenly stopped, this has shocked her, can please help me with some advice.

dmg24

Appeals are heard at a tribunal, which in far less formal than a court setting. If she has received a letter telling her the date of the appeal, this will not be the first that she has heard of it, as she will have had to request the appeal in the first place.

Perhaps you could clarify your information?

nannytone_2

my daughter works for DWP (not DLA) and says many renewels are being declined, but are being upheld at tribunal.
it seems that they are almost routinely being declined in order for 'real proof' to be shown at tribunal.
i have to admit that 'on paper' it seems a good idea to make sure that the DLA ios paid to deseving cases. in reality it means a lot of stress and hardship to genuine claimants. so who gets the blame? the DWP or thge people tht are 'playing' the system?

rogerblack

dmg24 wrote: »

Appeals are heard at a tribunal, which in far less formal than a court setting.

You can also request a 'paper tribunal' - which is based on the documentary evidence you supply.
This may seem easier for most, however it is _considerably_ less likely to result in a successful appeal than a tribunal where you appear in person.

An unsuccessful appeal then puts you in a very weak position, as the grounds for further appeals are limited to procedural errors.
You cannot appeal a decision made by a paper (or indeed oral) tribunal, that looked at all the facts in front of them, considered the law properly, and denied your claim.

If you are there in person, you can answer questions the tribunal may put to you, which can be very compelling evidence they can use to make their decision.

Richie-from-the-Boro

nannytone wrote: »

my daughter works for DWP (not DLA) and says many renewals are being declined, but are being upheld at tribunal.
it seems that they are almost routinely being declined in order for 'real proof' to be shown at tribunal.
i have to admit that 'on paper' it seems a good idea to make sure that the DLA is paid to deserving cases. in reality it means a lot of stress and hardship to genuine claimants. so who gets the blame? the DWP or the people that are 'playing' the system?

Some mathematician was charged with designing a a computer model that would amongst other things target the ' easy meat ' the first. Of those ' easy meat ' claimants a considerable % will not even bother contesting the refusal, so the government win anyway by that percentage.

Second on the hit list would be those who were ' self assessors.

Using a scatter gun approach to computer modelling means that while you do hit the ' easy meat ' .. .. [ those who submitted self assessment forms a decade ago when only superficial medical evidence was a requirement ] you also as ' nannytone ' states catch many of those in the third group .. .. those who are innocent and deserving.