DLA Appeal - Presenting Information at the Hearing

Hi Everyone,

I have my appeal hearing coming up in the next few weeks and was looking for some advice regarding how best to present my case.

I have been looking through a lot of case law which backs up the statements made by all the HCPs who have submitted evidence for my application. How would I go about quoting this case law in the appeal hearing? Will I be given the opportunity to discuss the aspects of my claim and how I think I meet the criteria or will I just be asked to describe my daily life and the panel will discuss privately whether I meet the criteria?

I have so far been unable to secure representation at the hearing. Is this necessary?

Thanks in advance for any advice.

Thanks,

Pauline

Hi,

See This link
and scroll down to DLA Appeals in the members only guides.

Unless you have good knowledge of DLA appeals and the law appertaining to them, my advice would be be to not bog yourself down with case law which can often be very complex even for qualified DLA Advisers.

I hope you've opted for an oral hearing which allows the Tribunal to see you and ask you questions and vice versa.

From my experience, most DLA Tribunals succeed not because of any real new evidence given on the day of hearing, but because of what the appellant tells the Tribunal.

Tribunals have wide powers on what evidence to accept and which to reject, and it's not uncommon for them to prefer the appellants evidence to that provided by the DWP.

It's not really essential to have a representative, since the Tribunal will address any questions to you, rather than to a representative.

Many CAB's, Welfare Rights Organisations have suffered cut backs, so many have to rely on volunteer representatives. It's a well known fact that a poor representative can often do more harm than good, plus a Tribunal will always give an unrepresented appellant much more leeway and allow them to stray off topic at times.

A Tribunal's role is 'inquisitorial' since that it the only way that they can elicit information from you. However, they also have what's called an 'enabling' role, which means they must make sure that you present the best case possible, especially if you're not represented.

Hope this information is of some help.

Good luck.

Jim
Honorary Moderator.