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Tribunal Wait

  • williej
  • Topic Author
12 years 1 day ago #86090 by williej
Tribunal Wait was created by williej
Hi to you all,
I will make this as brief as I can.
On February of this year 2012 after almost a wait of 1 year I went for a DLA tribunal for the care part of DLA as I already have been receiving HRM for a number of years due to a work injury leaving me unable to work.
Over the years I have had a lot more health and mental problems which have got to the stage I now need 24/7 help and care.I waited at the tribunal with my sister for over 2hours and was about to get my sister to tell them I had to go because of so much pain.Anyway I was called in and a view quick words were spoken by the tribunal and a DWP officer,I was advised that a home medical would be best as I had not had one in quite a while and it would be best to have it or I could go on with the hearing or I could drop it.Well I do need the care now and had a lot of good reports from my GP and other medical records also a letter from my social worker which I now have,So I said I have nothing to hide and I will accept to have a home medical.
I had the medical in the middle of March and todate I heard nothing,My son then rang the help service of DLA in Belfast today to see what was happening about my claim and was informed that I would receive a letter shortly from the mainland telling me I would have a new tribunal and that the Tribunal Service would also be informed for to make a new date for a new tribunal.
What I would like to know is this normal as I know of other people who have been in this position and were notified after the home medical within a few weeks that they were or were not entitled to benefit.I am so stressed over this and with health problems I just wish I was now dead as I can not afford to live and depend on my family to support me.Any one have or know of similar problems would love to hear from you.
Many Thanks and sorry for the ramble here.

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12 years 1 day ago #86091 by Gordon
Replied by Gordon on topic Re:Tribunal Wait
Willie

Once your appeal has progressed to the Tribunal Service, the DWP can only lapse/cancel the hearing if they find in your favour, so under normal circumstances the Decision on your claim will be made by the Tribunal panel.

As the medical was ordered by the Tribunal, then you need to wait for a new hearing to be held. Have you received a copy of the medical report, as you are entitled to a copy before any new hearing in convened.

Gordon

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 day ago #86118 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:Tribunal Wait
williej wrote:

Hi to you all,
I will make this as brief as I can.
On February of this year 2012 after almost a wait of 1 year I went for a DLA tribunal for the care part of DLA as I already have been receiving HRM for a number of years due to a work injury leaving me unable to work.
Over the years I have had a lot more health and mental problems which have got to the stage I now need 24/7 help and care.I waited at the tribunal with my sister for over 2hours and was about to get my sister to tell them I had to go because of so much pain.Anyway I was called in and a view quick words were spoken by the tribunal and a DWP officer,I was advised that a home medical would be best as I had not had one in quite a while and it would be best to have it or I could go on with the hearing or I could drop it.Well I do need the care now and had a lot of good reports from my GP and other medical records also a letter from my social worker which I now have,So I said I have nothing to hide and I will accept to have a home medical.
I had the medical in the middle of March and todate I heard nothing,My son then rang the help service of DLA in Belfast today to see what was happening about my claim and was informed that I would receive a letter shortly from the mainland telling me I would have a new tribunal and that the Tribunal Service would also be informed for to make a new date for a new tribunal.
What I would like to know is this normal as I know of other people who have been in this position and were notified after the home medical within a few weeks that they were or were not entitled to benefit.I am so stressed over this and with health problems I just wish I was now dead as I can not afford to live and depend on my family to support me.Any one have or know of similar problems would love to hear from you.
Many Thanks and sorry for the ramble here.


Willie,

As Gordon has rightly advised, once your appeal has been passed to the Tribunals Service and a Tribunal have directed that you have a medical, then the DWP cannot intervene unless the DWP Decision Maker revises their decision in your favour.

The wait for a hearing varies from region to region as is shown in the Spotlights area of the forum HERE

However, reading from what you've written, it sounds like you've already had a Tribunal and that was adjourned due to them requesting that you be medically examined. In these circumstances you should get an early new date for your hearing, depending upon how fast your examination was arranged and how quickly the doctor or other health care professional wrote up their report and passed it back to the Tribunals Service.

It will be necessary for you to have another Tribunal for them to reach a decision, unless to reiterate, the DWP change their original decision in your favour. Tribunal hearings can be 'oral' where you opt to attend the hearing, or 'paper' hearings which you don't need to attend, but the Tribunal decision is made on your case papers alone. I always, if possible advise appellants to have an 'oral' hearing as the success rate for 'oral' hearings' are about 4 times more successful than a 'paper' hearing.

Hope this helps.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • williej
  • Topic Author
12 years 10 hours ago - 12 years 10 hours ago #86194 by williej
Replied by williej on topic Re:Tribunal Wait
Hi and thanks ,Well I got a home medical report today that you told me I would get and WOW what [removed] this is I have been on now to get a form to report this Dr SHE said I could walk with good balance the day she done this I almost fell getting of my chair with my stick short of breath walking a short distance in my living room,Then said I walked up 5 steps on the stairs well got to the second Dr said I can see your in pain sit down again,also said I take no pain killers I take 14 pain killers a day a long with pain patches this is just some of it .
Well I have had enough now I will take this as far as I can news media the lot about [name removed by moderator]from Bangor County Down NI.I would not be claiming DLA care if I did not need it.My son was mad he rang the tribunal in Belfast and was advised to bring a letter of the complaint and also a letter from my own GP if they will do it,I have contacted them and they are astounded that this has been written in a report ,they even asked me did the Dr do this report about me or some one else.
I will let you know the out come of this [removed] Dr.

edited by moderator - removed name of Doctor and also possibly defamatory comments
Last edit: 12 years 10 hours ago by slugsta. Reason: To protect B+W

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