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TOPIC: dla paper appeal request is now to be oral

Re:dla paper appeal request is now to be oral 7 years 6 days ago #13331

  • pata1
  • OFFLINE
  • Retired Nurse & Former Moderator.
kathy1 wrote:
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

Hi Kathy,

The clerk has misinformed you. You must be sent in advance any medical evidence which the tribunal has already seen, or will see before the date of the hearing. This will include any information from your medical records. Advising you that they don't open them is totally incorrect, unless the regulations have changed since Jim retired as a DLA tribunal member in December 2005, and I cannot find any new regulations


Sorry CD, but your reply wasn't there when I started to type my first reply to Kathy. Are you aware of any new DLA regs post December 2005 ?

Kathy, whatever you decide good luck :)

Best wishes.

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 6 days ago by pata1. Reason: Corrected typo.
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Re:dla paper appeal request is now to be oral 7 years 6 days ago #13332

pata1 wrote:
kathy1 wrote:
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

Hi Kathy,

The clerk has misinformed you. You must be sent in advance any medical evidence which the tribunal has already seen, or will see before the date of the hearing. This will include any information from your medical records. Advising you that they don't open them is totally incorrect, unless the regulations have changed since Jim retired as a DLA tribunal member in December 2005, and I cannot find any new regulations


Sorry CD, but your reply wasn't there when I started to type my first reply to Kathy. Are you aware of any new DLA regs post December 2005 ?

Kathy, whatever you decide good luck :)

Best wishes.

Pat

The clerk to the tribunal has indeed misinformed the appellant about her rights to view the medical records in advance of the hearing.

Under the established principle of equality of arms, an appellant has an absolute right to have an exact copy of all the documents issued to the other parties, including the appeal tribunal. If the tribunal was to proceed without any party having a copy of all the evidence, this would be grounds to have the tribunal's decision set aside, assuming of course it was an adverse decision. If it was a favourable decision there would be no need to apply for the decision to be set aside, but the DWP may decide to exercise their rights in this respect.

If the decision was not set aside in the circumstances as described, an Upper Tribunal Judge on appeal would almost certainly overturn the tribunal's decision on the grounds that there was a breach of the rules of natural justice, in that the appellant was denied a fair hearing.

There are no new DLA regulations post December 2005 that supersede the previous regulations, or revised Commissioner/Upper Tribunal decisions which dissent from any previous decisions on the rules of natural justice, where an appellant is not in possession of an evidential document prior to an appeal hearing.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: 7 years 6 days ago by Crazydiamond.
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Re:dla paper appeal request is now to be oral 7 years 6 days ago #13338

Hi CD and Pat,

Thanks for that information, I am today returning the paperwork re attending and I have just opened the envelope and added to the clerk

"If any further evidence, medical or other has been received by the appeal service prior to my hearing, I would request to view a copy of this well in advance of the hearing".

This will enable me to see how my GP completed the questionaire.

Once again, thanks a lot.

Kathy x
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