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DLA tribunal

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13 years 5 months ago #33752 by Callisto
DLA tribunal was created by Callisto
Hi
I am asking this question on behalf of somebody else.
like me they have been extrememly unwell for ages and had an application for DLA turned down. However, and hooray for my friend, they have been awarded some DLA. But when they rang the DLA office to ask them what happens next in the light of winning(they had forgotton the tribunal clerk said that they send a copy to DLA office) the "advisor" curtly stated that when the tribunal receives the notification, the claim is passed back to the decision maker. Now i am assuming that this is simply for a finalisation, however my friend is convinced that they will somehow not award her the money as she was told the decision makers decision is final. It has now upset her as she thinks that everything she has gone through was in vain. Is this common with DLA awards, do the tribunals award it and the DWP say no. I asked her if there was anybody from the DWP at her hearing and she said no, neither was there any intention of them appealing as i have read can sometimes happen on here.
I think from what she said that the advisor was quite unhelpfull and just plain aggressive, you do get this sometimes, i have had it happen to me. Besides she rang them to tell them that she had rung and perhaps it was sour grapes on the part of the unhelpfull operative.
If anybody could give me any advise i would be very gratefull.
Thankyou
Callisto.

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  • Survivor
13 years 5 months ago #33755 by Survivor
Replied by Survivor on topic Re: DLA tribunal
The DWP will have to decide whether they want to appeal to the upper tribunal, but that's not something they do with many cases, so for the majority of claimants, this is just a formality. Maybe someone else on here knows how soon the money is coming through these days - quite a few people posting on here recently have been to appeal.

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13 years 5 months ago #33763 by Callisto
Replied by Callisto on topic Re: DLA tribunal
Thanks Survivor, really appreciate that. I did a quick bit of looking into it and saw myself that they can appeal but usually on a point of law. They sometimes appear to ask for a "statement of reasons"? I imagine and might be wrong that this is a formality, they want to see why the patterns of grounds for the overturning of their decisions? Who knows, people do say that they are just plain vindictive, i dont know. I will tell her what you have said and hopefully she can stop worrying, would be good to know just how long they are taking to pay.
Thankyou
Callisto

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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13 years 5 months ago #33768 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re: DLA tribunal
This is the way the system works. Like the appellant, the DWP have to be sent notice of the Tribunal's decision ( which wouldn't be necessary if the DWP sent a Presenting Officer to all Tribunals)

The DWP, like the appellant can only challenge a Tribunal's decision, if the Tribunal has made an error(s) of law in reaching it's decision.

As Survivor has already advised, it's just a formality.

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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13 years 5 months ago #33861 by Callisto
Replied by Callisto on topic Re: DLA tribunal
many many kind thanks Jima.
I was not questioning Survivors advice, believe me i respect his expertise. It was just me thinking out loud with worry because of my friends obvious distress. I now have to go through the same process at any point.
Thanks again.
Louisa

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13 years 5 months ago #34158 by Callisto
Replied by Callisto on topic Re:DLA tribunal
Further to my original question above, incidently does anybody know how long the DWP are taking on average to pay back pay on a DLA claim once the appellant has been successful at tribunal level? Probably a difficult question due to the backload and whether they decide to apply for a statement of reasons, but any feedback would be nice to give to my friend.
I think she was told to contact her rep if it had not been paid within 6 weeks.
Many kind thanks and good wishes to all
Callisto x

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