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TOPIC: dla paper appeal request is now to be oral

dla paper appeal request is now to be oral 7 years 6 days ago #13316

Hi All,

application for oral hearing requested last april. Heard nothing until a letter advising that case held recently but postponed due to med records not received, which they now have. Another letter received stating that as directed by the legally qualified member, an oral hearing has now been listed in a few weeks time.

Can anyone suggest any reason why this has been changed to oral, if a paper hearing was specifically requested.

Thanks

Kathy
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Re:dla paper appeal request is now to be oral 7 years 6 days ago #13317

kathy1 wrote:
Hi All,

application for oral hearing requested last april. Heard nothing until a letter advising that case held recently but postponed due to med records not received, which they now have. Another letter received stating that as directed by the legally qualified member, an oral hearing has now been listed in a few weeks time.

Can anyone suggest any reason why this has been changed to oral, if a paper hearing was specifically requested.

Thanks

Kathy

Did you actually apply for an oral hearing in April or a paper hearing, as you have indicated in the first sentence of your post it was an oral hearing that was requested?

It is possible for a legally qualified panel member(LQPM) usually but not always a District Tribunal Judge, to direct an oral hearing even when a paper hearing has been requested. It is however for the appellant to decide whether they wish to attend the oral hearing, as you cannot be forced to attend against your wishes. In these circumstances it would proceed in your absence, so essentially it would amount to a paper hearing as no further evidence will be adduced from the appellant.

As it would appear that a paper hearing took place and the tribunal sought an adjournment, your medical records may reveal further evidence which may or may not be advantageous to you? Have you received a copy of your medical records as you are entitled to have these records, because the tribunal have asked for them? Consequently they are relevant to your appeal. If not, request a further adjournment if necessary to enable the papers to be sent to you.

As I have indicated earlier, it is entirely your decision as to whether you attend the hearing?
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 7 years 6 days ago by Crazydiamond. Reason: Added info.
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Re:dla paper appeal request is now to be oral 7 years 6 days ago #13319

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
Hi Kathy,

From my experience of attending tribunals with husband Jim when sat on DLA Tribunals for 10 years, I can answer your query.

The Tribunal Judge (formerly called Tribunal Chairman) has looked at your case bundle and formed the opinion that having a 'paper hearing' where the tribunal can only decide your appeal based on what's in the case papers is not in your best interests. The Judge has directed that it would be best if you had an oral appeal, otherwise it's highly likely that they would reach the same decision as the Decision Maker.(DM)

Having an oral hearing gives the tribunal the opportunity to see you ( which a DM never does) and for the tribunal panel to ask you questions, and for you to ask them questions if you wish.

Of course you cannot be forced to attend an oral hearing, but my advice would be to do so, otherwise it's highly likely that it won't succeed. Inviting an appellant to have an oral hearing rather than a paper one, is a bit like inviting the appellant to think again.

If you go to DLA Resources in the members are and look at 'The Benchbook', Chapter 39 this explains in more detail why it's best for appellants to have an oral hearing.

Hope this helps.

Good luck.

Pat
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 7 years 5 days ago by pata1. Reason: Added information.
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Re:dla paper appeal request is now to be oral 7 years 5 days ago #13326

Thanks Crazydiamond and Pat.

Yes, sorry it was a paper hearing I requested. I dont feel that I would need to see my medical records, I would have a good idea that there would be nothing negative contained in them.

The only thging I did do way back in April was to leave a questionaire in with my GP asking her to address specific questions and gave her the oportunity to answer yes, no or unaware. I explained by letter that I would appreciate if the tribunal asked for any further facts from her that she return the questionaire to them and I explained that I wanted her to be independent and I did not need to see this.

As Crazydiamond and I have agreed on before, I would be oposed to trying to influence my doctor.

I have consented to attend the oral hearing, and to be honest I appreciate in a way that I am getting another and better shot. The only reason I chose a paper hearing was that I had to decide 2 days after a previous tribunal re what way to apply for a second and didnt really want to have to go to another so soon.

Kathy
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Re:dla paper appeal request is now to be oral 7 years 5 days ago #13328

kathy1 wrote:
Thanks Crazydiamond and Pat.

Yes, sorry it was a paper hearing I requested. I dont feel that I would need to see my medical records, I would have a good idea that there would be nothing negative contained in them.

The only thging I did do way back in April was to leave a questionaire in with my GP asking her to address specific questions and gave her the oportunity to answer yes, no or unaware. I explained by letter that I would appreciate if the tribunal asked for any further facts from her that she return the questionaire to them and I explained that I wanted her to be independent and I did not need to see this.

As Crazydiamond and I have agreed on before, I would be oposed to trying to influence my doctor.

I have consented to attend the oral hearing, and to be honest I appreciate in a way that I am getting another and better shot. The only reason I chose a paper hearing was that I had to decide 2 days after a previous tribunal re what way to apply for a second and didnt really want to have to go to another so soon.

Kathy

If the tribunal have a copy of your medical records and are going to refer to them during the appeal hearing, they are duty bound to send them to you in advance of the hearing.

If you do not have sight of the records and therefore are unaware of the content, you may have difficulty in advancing your case, particularly if the tribunal view the evidence as compelling and crucial to the outcome of your appeal.

It may be well worth the effort to contact the clerk to the tribunal and obtain the medical records, as you may very well be at a distinct disadvantage without them? However, again the decision must be entirely up to you.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Re:dla paper appeal request is now to be oral 7 years 5 days ago #13330

Hi Crazydiamond,

I did ask the clerk on friday if there was any further evidence and she said no. When I asked about the medical records, she told me they dont open them and I will have the oportunity to view them at the venue prior to the commencement of the hearing.

Kathy
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