Tribunal had evidence I didn't

Well I am now ready with the help of the site to complete another DLA. At my last appeal in July this year, the Dr on the panel made reference to the points I was given in my ESA medical last November which despite requesting on numerous occasions I was not given. I have asked for the written reasons for the refusal along with the judges notes, that was in July and I still haven't received them, I intend appealing the decision, does the fact I did not have information from my medical give me grounds of appeal? I am still waiting on the written reasons and notes, called last week and was told they had been requested but have not been provided yet.

Hi Fibrofog

A new claim is not an appeal and you say you are applying for DLA again. In order to appeal the July tribunals decision, you would have had to apply to a higher tier tribunal, within one month. There are strict reasons on why you can appeal, such as the tribunal got the law wrong, no evidence to support the decision, they got the facts wrong. You cant appeal just because you feel the decision was wrong.

The chair of the July tribunal would have to agree to it being sent to a higher tier tribunal and this can take some time, which is why you may not have had the chairs decision back.

Appealing to a Higher Tier Tribunal is not easy for a lay person to undertake, (assuming you get permission) so you will need help from say, a law centre, or experienced Welfare Rights Worker.

You can as you say, wait for the notes to come and use them in your new claim but the fact it went against you last time, usually means you will need new additional evidence in order for your new claim to succeed.

Kind regards

Michael

As it would appear that you did not have a document which was pertinent to the appeal which was in possession of the tribunal and to which the tribunal made reference/comment during the course of the hearing, you may have possibly been able to have the decision set aside on the grounds that you did not receive all the relevant documents.

Applications to set aside the first tier tribunal's decision on these grounds should normally be made within one month of the tribunal's decision, so it would appear that you are now out of time. However, you could still try and ask that the TS will accept a late application? If the late application and reasons are accepted, it will normally be set aside by a District Judge without reference to the UT, and a new hearing will be arranged.

If however the application is not accepted and/or not set aside, you will still have the opportunity to appeal to the UT when you eventually receive the full statement of reasons for the decision and the record of the proceedings from the TS.

Hi Michael, thanks for your reply but I may have not been clear in my initial post. I have not been able to appeal the decision of the July Tribunal as I have not been sent the written reasons and chairmans notes which I wrote and requested on the day after my tribunal. I am hoping there will be a reason to appeal the decision and a late appeal will be granted as I could not ask for a set aside or permission to appeal to the UT until I had this information. I am not waiting on these to use in my new claim, I have further medical evidence to support a new claim. To clarify, I am submitting a new claim for DLA based on further medical evidence and will also be looking to appeal the Tribunals July decision if there are grounds to do so when I finally receive and have time to go over the paperwork. Dealing with one claim is bad enough the thought of adding another appeal to it is the stuff nightmares are made of

Hi fibrofog

Concerning applying to the first-tier tribunal for permission to appeal to the UT, you will have one calender month from the date on the letter that accompanies your statement of reasons, when you get it. So it won't be a late application.

If the FtT refuse permission to appeal, and they often do so without giving any reason, you will have another month to apply to the UT for permission to appeal.

Best of luck

Derek

Still haven't received the written reasons or chairmans notes, called again yesterday to Tribunal Service, they had e-mailed the chairman on Friday requesting them again, system must be bogged down with appeals!!! Submitted new claim a couple of weeks ago so waiting on hat as well!