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tribunal tomorrow :(

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ben buckley
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8 years 4 months ago #147188 by ben buckley

tribunal tomorrow :( was created by ben buckley

well tomorrow is the day for my 3rd tribunal for a claim for dla i made 3 years ago

i was just refreshing through all the paperwork and under the directions for the new 1st tier tribunal from the upper tribunal it says one of the reasons for a re hearing

"the tribunal erred in law by treating the question of the severity of the claimaints disability as a preliminary matter, instead of applying the statutory criteria"

not quite sure what that means?

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Gordon
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8 years 4 months ago #147189 by Gordon

Replied by Gordon on topic tribunal tomorrow :(

BB

It sounds as if the previous panel decided you did not meet the criteria without finding out whether you did or not, so as an example; they may have decided that you did not meet the criteria for being virtually unable to walk without actually asking about any limitations you had with walking.

The new panel will have received a direction as part of the re-hearing of your appeal as to the issues with the previous hearing, so it's unlikely that they will make the same mistakes, although they can of course make a whole new set of the them, but I would not expect this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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tribunal tomorrow :(

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