DLA Tribunal Query

I attended my tribunal on Monday 17 Jan. Unfortunately did not come away with a result.
Is there anyone out there who can really help me please with regard to the following:
1) I first applied for DLA in August 2009.
2) Through no fault of my own their decision was deferred on numerous occassions.
3)An EMP came to my home to examine me in May 2010.
4) I was informed by DLA I was not entitiled to either of the components.
5) I immediately appealed and was originally informed that my tribunal was to be held in November 2010.
6) I provided all the additional information from my GP and Consultants and submitted this at the end of October 2010.
7) My tribunal was held on Monday 17 January 2011.
8) The Panel Judge informed me that they had not had sufficient time to look at all the documentation I had submitted as there was too much to look at. And that the case I had prepared which in the main was in respect of the DLA's decision based upon the EMP's report was not relevant as they could only deal with items affecting my condition prior to my application in August 2010.
9) As the medical was conducted in May 2010 and was the basis of me not being awarded any level of the components. How could they say that my presentation was not relevant.
10) As per guidance notes supplied by this site I scrutinised the EMPs report and not one of the Report Sheets had my name or National Insurance number on them, there was also contradications in the report and a considerable amount of ommissions as confirmed by my wife who was witness to the report and contributed to answering the questions.
11) On mentioning these anomalies to the panel the judge replied that they were not important enough and again were not relevant as all they could decide upon were the events and conditions prior to August 2009.
Can anyone please advise as it took me a very long time to prepare my case and feel I did not get the hearing it deserved.

Hi Paul,

I'm sorry to hear about your tribunal result.

If you got no award at all then you have nothing to lose by appealing to the Upper tribunal. The first step is to apply for full written reasons within the one month time limit. here's more about this at the end of the appeal guide.

On the basis of what you have said it does sound like you have an arguable case for getting this decision overturned and a new hearing held.

Good luck,

Steve

Hi Paul

My understanding is that the failure of a tribunal member to read and digest all of the appeal papers is in itself, an error of law, potentially appealable beyond the Upper Tribunal. I too fail to understand how he could decide that something he hasn't read is not relevant.

When you apply for a statement of reasons, don't forget to also ask for the record of proceedings. That's the judge's notes of what was said at the hearing. They should send it automatically but often don't.

Good luck

Derek