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TOPIC: Quick Q re commissioners decisions/at applicationg

Quick Q re commissioners decisions/at applicationg 8 years 5 months ago #18716

  • kathy1
Hi All,

Just a quick piece of advice needed.

Would you say it is a good idea or bad idea to quote various/ or one or two commissioners decisions that support you claim for a DLA on a renewal form.

THanks

Kathy x

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Re:Quick Q re commissioners decisions/at applicationg 8 years 5 months ago #18717

kathy1 wrote:

Hi All,

Just a quick piece of advice needed.

Would you say it is a good idea or bad idea to quote various/ or one or two commissioners decisions that support you claim for a DLA on a renewal form.

THanks

Kathy x


Although there is nothing stopping you from making reference to Commissioners' Decisions on your renewal claim form, the DLA Unit would expect you to supply copies of each decision upon which you intend to rely.

The normal practice is to rely on Commissioners' Decisions at the appeal stage of a claim, which hopefully wouldn't be necessary with your renewal claim. In all probabilities any decisions would be of little relevance in the initial decision making process, and I think the decision maker would concentrate solely on the facts supplied on the claim form, and any other evidence they choose to accept. This does not make the law irrelevant however, but in my experience Comms Decs are invariably used to challenge adverse decisions, which is the reconsideration or appeal stage of a claim.

Ultimately, the decision whether you wish to use Comms Decs at the claim stage as opposed to the appeal stage, rests entirely with you.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Quick Q re commissioners decisions/at applicationg 8 years 5 months ago #18718

Hi Kathy,

I don't think that I would include commissioners (now upper tribunal) decisions on a claim form, I would stick to explaining how your condition affects you.

Case law is probably best kept for an appeal, if it comes to that.

Though a knowledge of what view tribunal judges have taken about, say, using microwaves in relation to the cooking test, is certainly useful to help ensure you give pertinent evidence in your claim pack.

Good luck,

Steve

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:Quick Q re commissioners decisions/at applicationg 8 years 5 months ago #18719

  • kathy1
Thanks Guys,

Claim renewal on its way tomorrow, and tribunl due to be recalled end May. So I will just leave the comms. decisions for the tribunal, and indeed the next one if my saga continues.

Kathy x

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