A few questions regarding a long running DLA saga

Brief History

I'm nearly two years into my DLA appeal. The first appeal was adjourned because the panel wanted my full medical records and an EMP report. The EMP report was carried out and received by the Tribunals service along with my medical records five months ago ( as per my other thread ). I'm still awaiting copy's of said information and have not seen the EMP report.

Some background information

I initially had a WRO involved, but they said they would not be representing me because my medical evidence was extremely strong and compelling. ( Obviously the Tribunals Service thought otherwise ).

I had a change of circumstances between sending in my initial DLA application and when my claim was rejected by the DWP decision maker. The DWP were notified of the change prior to rejecting the claim and it was noted on the claim form that a medical procedure to be carried out in the following two weeks would cause this change . The change was predicted too last at least a year, so the three months prior and six months posts rule would seem to apply



Now the Questions :

Should I be thinking about re-applying for DLA again while this appeal is on-going ( I received conflicting advice from a few WRO's about this and decided not to re-apply )

My EMP report ( which I've still not seen ) was carried out approx 14 months after my DLA application. How will the tribunal view an EMP report carried out 14 months after my condition was noted on the claim form. I was under the impression that your condition was has stated at the time on the application form and for 6 months thereafter.


If my care and mobility needs improve prior to this appeal being heard. How and who am I suppose to notify ? The DWP, The Tribunals Panel ?

Hi Doris,

What a terribly long drawn out saga you're having to endure.

We can't advise you whether to put in a new claim or not. The advantage is that it might be successful, the disadvantage is that if it fails but your appeal succeeds, the tribunal's decision will only apply up until the date of your fresh claim.

You should inform the DWP, not the Tribunals Service of any change in your condition. The Tribunals Service can only look at how you were at the date of the decision.

You should have received a copy of your EMP report, chase the DWP up for one.

The tribunal will have to take into account how long after the decision the EMP report was produced when deciding how much weight to attach to it.

Good luck,

Steve

Steve Donnison wrote:

Hi Doris,



You should have received a copy of your EMP report, chase the DWP up for one.


Good luck,

Steve

The Tribunal ordered the EMP report at the 1st appeal and I was told it would be them sending out a copy.

The DWP ( I would presume ) would aslso be awiting a copy from the Tribunal services as well ?