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TOPIC: Tribunal question re reasonably required help

Re:Tribunal question re reasonably required help 6 years 11 months ago #13779

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

I can understand that you husband must come first. However, I wouldn't opt for just a paper hearing, as more often than not, appellants end up with the same decision as what the Decision Maker (DM) made.

DM's don't have the 'luxury' of ever seeing the appellant. However, at an oral hearing the tribunal sees the appellant and can ask them questions, and vice versa. Most appeals are won not because of any real new evidence presented at appeal, but because of what the appellant tells the panel about their needs.

My advice would be to ring the Tribunals Service office dealing with your appeal, explain that your husband is going into hospital and you want a postponement.

If you leave it to the actual day and attend without your husband, you cannot ask for a postponement then. It will be up to the tribunal to decide if they should adjourn until your husband is well enough to attend the appeal with you.

However, unless you've informed the Tribunal Service that your husband is acting as your representative, it's highly unlikely that thy'll agree to an adjournment.

Hope this helps, and good luck with your husband's hospital appointment and your tribunal.


PS For Lavenderlady. I can assure you that you haven't offended Jim in any way. He likes to get up on his soapbox from time to time ;) After 42 years of being married to him, there's not an ounce of malice in him. Actually, as usual he sneaked onto the computer in my absence, as he's supposed to be 'resting' :woohoo:

Well at least it gave him the opportunity to explain how to go about complaining if an appellant feels they've been treated unfairly by any tribunal panel member :)

Kind regards.

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
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Re:Tribunal question re reasonably required help 6 years 11 months ago #13784

  • lavenderlady
kathy1 wrote:
Hi,

i attended a tribunal earlier this year and I have always maintained that all 3 panel members were very nice and put me at ease straight away.

The week I attended my tribunal, I had just learned the day before that my aunt had terminal cancer, my husband recieved a letter to attend the hospital regarding a health scare, (still ongoing) and a young local child was getting buried right at the same time as my tribunal. I didnt mention any of this at my tribunal, I just let it go ahead and was a much use as a wet lettuce with everything else going on in my mind.

I lost the tribunal, and when I got my statement of reasons, there wasnt anything stated where I felt the panel were unfair in any way. They even went as far as to suggest that I apply again, which I had already done after it was suggested to me on the site here.

But here we go again, my husband has to attend the hospital on Tuesday, there is a possibility that he might be kept in, My tribunal is on Thursday so this time, I will ask for a postponement because my husband was going to attend with me. However, his health is more important than my DLA so I will be playing all by ear,I wouldnt want any further stress caused to him, so if it means me just asking them to hear my case on paper, so be it. I can always apply again.

Kathy

Hi Kathy

I'm sorry your husband's health is not good at the moment. That must be a strain for you.

It would be a shame after all your hard work to just rely on a 'paper' hearing, when by postponing the Tribunal to another date as Pat suggested you have a better chance of being awarded DLA.

It would save you all the hassle of filling in forms all over again.

Have you considered attending the Tribunal on your own?

I only mention this because if you were attending a job interview with a panel you would probably go alone, and as you've discovered it's no worse than any other interview.

Thank God, it's only 3 people on the panel. I remember once going for an interview at Bury Town Hall and there were 6 panelists! I walked into this huge huge room and they were seated at the far end and and i thought 'O my Lord!' However, they were all ok. I had the impression that some of the panelists were more nervous than me.I remember the Chairman as being very jovial and pleasant man.

Hope the outcome is positive for your husband on Tuesday.

Best Wishes
Lavenderlady
The administrator has disabled public write access.

Re:Tribunal question re reasonably required help 6 years 11 months ago #13785

Thanks Pat an Lavenderlady,

On a lighter note, i took my sis with me to my last tribunal, WELL, as i have stated I was like a wet lettuce but HER, she was a much use as a chocolate fireguard.

All that was going on at the time affected her as well as myself, but the funny side of it was she was far more stressed out than me. When my tears started to flow, which was very early on, and she had to delve into the bag to get the tissues out, the lot came out, the mobile, the purse, the makup bag the lot, all attention was on her trying to recover a packet of kleenex.

I had my paperwork all with me, all in order and really easy to follow. i had said to her before we went in, that if I got upset, open up the paperwork and once i pull myself together, this will help me to get back on track. What did she do, left the paperwork sitting in the bag at the side of her chair gathering dust, it never seen the light of day.

Because of the state I had gotten myself into the panel members didnt give me my decision on the day. I now appreciate that they were in fact being sympathetic to me in doing this. So when we left the room and went out to the car, she handed me the keys, and told me that I would have to drive us home, her nerves were wrecked, she had a busting headache and she was going to get her friend to give her a diasepam and go to bed for a couple of hours to get over it all.

We laugh about it now, and if she is ever talking about it she adds a wee bit more each time, thankfully she isnt a member of this forum, otherwise, no-one would be opting for an appeal. And even though she was completely useless, she is the best sister going, a really big help to me, and I couldnt or wouldnt be without her, but dont tell her, I have to keep her on her toes.

I'm just going to wait my husbands outcome at hospital tomorrow, and depending, may ring and ask for postponement.

Kathy
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Re:Tribunal question re reasonably required help 6 years 11 months ago #13793

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

i attended a tribunal earlier this year and I have always maintained that all 3 panel members were very nice and put me at ease straight away.

The week I attended my tribunal, I had just learned the day before that my aunt had terminal cancer, my husband recieved a letter to attend the hospital regarding a health scare, (still ongoing) and a young local child was getting buried right at the same time as my tribunal. I didnt mention any of this at my tribunal, I just let it go ahead and was a much use as a wet lettuce with everything else going on in my mind.

I lost the tribunal, and when I got my statement of reasons, there wasnt anything stated where I felt the panel were unfair in any way. They even went as far as to suggest that I apply again, which I had already done after it was suggested to me on the site here.

But here we go again, my husband has to attend the hospital on Tuesday, there is a possibility that he might be kept in, My tribunal is on Thursday so this time, I will ask for a postponement because my husband was going to attend with me. However, his health is more important than my DLA so I will be playing all by ear,I wouldnt want any further stress caused to him, so if it means me just asking them to hear my case on paper, so be it. I can always apply again.

Kathy

Hi Kathy

I'm sorry your husband's health is not good at the moment. That must be a strain for you.

It would be a shame after all your hard work to just rely on a 'paper' hearing, when by postponing the Tribunal to another date as Pat suggested you have a better chance of being awarded DLA.

It would save you all the hassle of filling in forms all over again.

Have you considered attending the Tribunal on your own?

I only mention this because if you were attending a job interview with a panel you would probably go alone, and as you've discovered it's no worse than any other interview.

Thank God, it's only 3 people on the panel. I remember once going for an interview at Bury Town Hall and there were 6 panelists! I walked into this huge huge room and they were seated at the far end and and i thought 'O my Lord!' However, they were all ok. I had the impression that some of the panelists were more nervous than me.I remember the Chairman as being very jovial and pleasant man.

Hope the outcome is positive for your husband on Tuesday.

Best Wishes
Lavenderlady

The other panel members must have been on training, since legally a DLA Tribunal has to have three members, the Legal Member ( now called a Tribunal Judge), the Medical Member and the Disability Member.

The Chairman should really have explained why there were six members on your panel, you must have been scared to death to see so many people :(
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
The administrator has disabled public write access.
Moderators: bro58, Gordon, Mrs Hurtyback, shelam
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