DLA Tribunal - Today= but no outcome!

I have been through the Tribunal this morning. I was in there for 35 minutes and so many questions. The disabled representatibve was very understanding, but I know I tripped up on my care needs. The whole thing was quite scary. I thought that I would get an answer today but was told that I would receive a letter in 3-5 days. So still waiting until the end of the week. Has anyone else had this? I suppose on the plus side, it wasn't an outright NO, so fingers are crossed.

Angela

Hi Angela,

Up until a couple of years ago, in most cases the appellant was informed of the outcome of their DLA appeal on the day. However, for reasons unknown to me or to Jim, it now appears that it's pretty common for the decision to be posted to the appellant.

However, at least you appeal wasn't turned down on the day. If the Disability Member was very understanding, then all you need is for another panel member, either the Medical Member or Tribunal Judge to agree, and your appeal will suceed.

DLA Tribunals are the only Tribunal dealing with Social Security Benefits that has to have 3 members on the panel. So a decision can be unanimous or a majority 2-1 decision.

All panel members have equal say, so for example if the Disability Member & the Medical Member feel you meet the requirements for DLA, even if the Tribunal Judge doesn't, then your appeal will succeed. The Tribunal Judge has no more authority than any of the other two panel members.

Good luck, and please let us know how you get on.

Pat

Thanks for your encouragement. When I hear, I'll leat you know.

Angela

pata1 wrote:

Up until a couple of years ago, in most cases the appellant was informed of the outcome of their DLA appeal on the day. However, for reasons unknown to me or to Jim, it now appears that it's pretty common for the decision to be posted to the appellant.

To preclude the possibility of abuse or physical assault, I'd imagine.

There must be some very upset appellants when DLA is refused.

Hi Mike,

The possibility of abuse or physical assault has been around for many years.

There have from my experience, measures in place to deal with these possibilities,
with a security officer(s) close by and a 'panic' button within reach of the Tribunal Judge ( called Tribunal Chairman) when Jim sat on tribunals

In those days, there was always a 'risk assessment' of appellants based on what was on their files.

These days, because I believe very frustrated appellants with no previous violent history may be liable to 'blow their top' and who could blame them, so Tribunals are no longer willing to give a decision for fear of abuse or violence.

On the other hand, many appellants are not given a decision on the day because it's no longer the practice for the DWP to send along a Presenting Officer to DLA Appeals,despite numerous requests from the President of Tribunals to do so.

Therefore, it's becoming more frequent for the Tribunal to request more information from the Decision Maker on evidence submitted to the Tribunal. If the DWP sent along a Presenting Officer to all DLA appeals, more decisions could reached on the day.

Note that a Presenting Officer is not sent to win the appeal for the DWP, their role is one of Amicus Curiae

Regards.

Pat

Hi carole,

I can't really see the relevance of your short comment to this quite serious subject.

Therefore I have deleted it.

If you would like to elaborate in another post, it may be approved, if deemed on topic.


Cheers

bro58