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DLA ORAL APPEAL REFUSED
- Teri
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6 years 4 months ago #202476 by Teri
DLA ORAL APPEAL REFUSED was created by Teri
My sons dla appeal tribunal this morning was refused. I had representation from an advice centre. Award was unchanged.
I believe the decision is wrong and had evidence from my doctor and school submitted to the hearing.
Can I appeal to the Upper Tribunal? My representative said no because there's no errors of law been committed but I'm not sure that information is correct.
Can you confirm the procedure now. I got a letter today after the hearing telling me it was refused. Do I now phone for a statement of reasons or do I contact a solicitor now? Will I get legal aid for this since I am on benefits?
I was there for my son but a member asked me if I worked and then asked if my husband worked who wasn't even there at the hearing!
Advice appreciated thanks.
Teri
I believe the decision is wrong and had evidence from my doctor and school submitted to the hearing.
Can I appeal to the Upper Tribunal? My representative said no because there's no errors of law been committed but I'm not sure that information is correct.
Can you confirm the procedure now. I got a letter today after the hearing telling me it was refused. Do I now phone for a statement of reasons or do I contact a solicitor now? Will I get legal aid for this since I am on benefits?
I was there for my son but a member asked me if I worked and then asked if my husband worked who wasn't even there at the hearing!
Advice appreciated thanks.
Teri
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6 years 4 months ago #202483 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA ORAL APPEAL REFUSED
Teri
You cannot appeal further because you do not agree with the Decision only because you believe there was an Error of Law in the making of the Decision.
What is an Error of Law?
if you still want to pursue the matter then have a look at the following
Tribunals – Requesting a Statement of Reasons
Be aware the DWP will also receive a copy of the SoR opening the door for them to challenge the current award.
Gordon
You cannot appeal further because you do not agree with the Decision only because you believe there was an Error of Law in the making of the Decision.
What is an Error of Law?
if you still want to pursue the matter then have a look at the following
Tribunals – Requesting a Statement of Reasons
Be aware the DWP will also receive a copy of the SoR opening the door for them to challenge the current award.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Teri
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6 years 4 months ago #202510 by Teri
Replied by Teri on topic DLA ORAL APPEAL REFUSED
What is your Advice?
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- Teri
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6 years 4 months ago #202511 by Teri
Replied by Teri on topic DLA ORAL APPEAL REFUSED
Do I contact a solicitor after getting a statement or before? Again, would I get legal aid?
I don't know how I can possibly know if there's been an error of law in the decision when I don't have the sor and I am not a lawyer. It's a gut feeling that the decision is not a fair one and I don't understand the decision.
I don't know how I can possibly know if there's been an error of law in the decision when I don't have the sor and I am not a lawyer. It's a gut feeling that the decision is not a fair one and I don't understand the decision.
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- Gordon
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6 years 4 months ago #202520 by Gordon
I can't possibly offer advice about this, I have no knowledge of your problems and most importantly, was not at your hearing!
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA ORAL APPEAL REFUSED
Teri wrote: What is your Advice?
I can't possibly offer advice about this, I have no knowledge of your problems and most importantly, was not at your hearing!
Gordon
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6 years 4 months ago #202522 by Gordon
You need to speak to someone who has experience of Social Security law, this might be a solicitor but you should check their references as this is a specialist area. Have a look at the following.
www.gov.uk/government/publications/direc...-legal-aid-providers
It's not a question of the Decision being fair but whether it was made correctly in law,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA ORAL APPEAL REFUSED
Teri wrote: Do I contact a solicitor after getting a statement or before? Again, would I get legal aid?
I don't know how I can possibly know if there's been an error of law in the decision when I don't have the sor and I am not a lawyer. It's a gut feeling that the decision is not a fair one and I don't understand the decision.
You need to speak to someone who has experience of Social Security law, this might be a solicitor but you should check their references as this is a specialist area. Have a look at the following.
www.gov.uk/government/publications/direc...-legal-aid-providers
It's not a question of the Decision being fair but whether it was made correctly in law,
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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