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Role of DWP at DLA tribunal?

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12 years 1 month ago #80945 by slugsta
Role of DWP at DLA tribunal? was created by slugsta
Guys, a friend of mine, who suffers badly from anxiety, has heard about her DLA appeal. The paperwork says that a representative from DWP will be there and she is worrying about being cross examined or the DWP trying to put her down and dismissing her replies.

Please can you tell me the role of DWP at appeal tribunals? I believe that the apellant sits on one side of a table and the panel on the other - where would DWP bod sit?

In fact, is it the case that there is always someone from DWP there, or only sometimes?

Anything you can tell me that might give some reassurance would be very welcome! Thanks.

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12 years 1 month ago #80947 by Gordon
Replied by Gordon on topic Re:Role of DWP at DLA tribunal?
Mrs Hurtyback

There is always a place reserved for a DWP representative at a Tribunal (DLA and ESA), but they rarely attend.

Their role is broadly the same as that of the claimant, but obviously from the opposite point of view, so they are there to justify why the Decision was correct.

I don't believe they can question the claimant, this role is reserved for the panel, but they may rebutt your statements.

They would be seated on the same side of the table (assuming they are not at a seperate one), as the claimant.

Have you had a look at the following FAQ and the links therein?

Preparing for a Tribunal

Good luck

Gordon

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 month ago #80963 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:Role of DWP at DLA tribunal?
Mrs Hurtyback wrote:

Guys, a friend of mine, who suffers badly from anxiety, has heard about her DLA appeal. The paperwork says that a representative from DWP will be there and she is worrying about being cross examined or the DWP trying to put her down and dismissing her replies.

Please can you tell me the role of DWP at appeal tribunals? I believe that the apellant sits on one side of a table and the panel on the other - where would DWP bod sit?

In fact, is it the case that there is always someone from DWP there, or only sometimes?

Anything you can tell me that might give some reassurance would be very welcome! Thanks.


The representative from the DWP is called a 'Presenting Officer' although currently they are rarely seen at DLA appeals, despite criticism from the President of the Tribunals Service in his latest annual report about non attendance.

The roil of a Presenting Officer at an appeal is not to win the appeal for the DWP, but to make sure all the facts presented to a DLA Tribunal by the Decision Maker (DM) is correct. Presenting Officers can point out errors made by a DM to a Tribunal, and they can be corrected at the appeal.

A Presenting Officer's role is that of 'Amicus Curiae' which literally translated from the Latin phrase means 'friend of the Court'.

Hope this is of help.

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12 years 1 month ago #80976 by slugsta
Replied by slugsta on topic Re:Role of DWP at DLA tribunal?
That is very helpful, thank you. I will direct my friend to this thread.

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  • paul
12 years 1 month ago #81174 by paul
Replied by paul on topic Re:Role of DWP at DLA tribunal?
Hi Mrs H,

I had a presenting officer at my appeal, who I first saw in a tiny room just before the appeal(going over my notes).

When I went into the court room the three panel members were sat in front of me at the other side of the table (six feet away), and then the DWP chappie was introduced to me and he sat NEXT to me. The doctor had first go at me, the judge next, and then the DWP man next. He actually told me that he couldn't find much evidence of my third heart attack, even though the documented evidence of the hospital discharge letter was in his bundle in front of him.
The disability member then had a go.

There is also a uniformed security man with a computer sat to the side who says nothing.

I was grilled for one and a half hours before being asked to leave while they consider. I did not have anyone to represent me (which would have made it much easier).

After returning,I was refused DLA.
Not a thing I would like to repeat.

I didn't even get my documents out of my big envelope.

My advice to your friend is;

Expect intimidation, because if you are prepared for it, you can handle it better. Keep very calm and make yourself a list of what you are going to say, because when they ask questions, you WILL forget your train of thought. Keep looking at your notes to remind yourself of what you would like to say.
Avoid panick at all costs. Good luck.

ps. Have a look at 80811 in the questions and answers.

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12 years 1 month ago #81215 by slugsta
Replied by slugsta on topic Re:Role of DWP at DLA tribunal?
Thank you, Paul.

What has our country come to, that sick and disabled people are treated in this manner?!

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