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DLA appeal
- maffness
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11 years 9 months ago - 11 years 9 months ago #87907 by maffness
DLA appeal was created by maffness
Well i got the no DLA letter today nothing on care or motability but im asking for it to be set aside and going to try for higher appeal on the grounds that they didnt accept my submission on the day only copied 5 pages of 28 and nothing with my handwriting or appeal on it and my diagnosis isnt finalised its only took 18 years mind but im fairly certain now ive been a victim of medical negligence too in that they have failed to diagnose what i now suspect to be central nervous system lupus,at least my diagnosis is coming along.
Last edit: 11 years 9 months ago by Gordon.
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- Gordon
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11 years 9 months ago - 11 years 9 months ago #87910 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:DLA appeal
maffness
Sorry that this hasn't worked our for you.
I would recommend you get face to face advice from someone with experience of appealing to the Upper Tribunal.
Where to get advice?
Tribunal rules require claimants to present their evidence witin one month of receiving their evidence pack. Whist this is normally ignored by the TS, the judge is entitled to refuse to accept late evidence, especially on the day of the hearing, and even more so if there is a large quantity, so you will need to argue that you were unable to present this information any earlier, and failing to accept it seriously compromised your case to the extent that Natural Justice was not served.
There is no restriction on you making a fresh application for DLA.
Good luck
Gordon
Sorry that this hasn't worked our for you.
I would recommend you get face to face advice from someone with experience of appealing to the Upper Tribunal.
Where to get advice?
Tribunal rules require claimants to present their evidence witin one month of receiving their evidence pack. Whist this is normally ignored by the TS, the judge is entitled to refuse to accept late evidence, especially on the day of the hearing, and even more so if there is a large quantity, so you will need to argue that you were unable to present this information any earlier, and failing to accept it seriously compromised your case to the extent that Natural Justice was not served.
There is no restriction on you making a fresh application for DLA.
Good luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 9 months ago by Gordon.
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 9 months ago - 11 years 9 months ago #87934 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:DLA appeal
Hi
The decision of a First-tier Tribunal of the Social Chamber ( which deals with Social Security Appeals) can only be set aside if the FtT has made an Error of Law
See this link to DLA Appeals and also our Guide to Appeals in the Members Only area.
As the Disability Law Service fact sheet makes clear, if you are granted a 'set aside', then the Upper Tribunal can only hear evidence you provided to the FtT. So if you have a new diagnosis since your appeal, they cannot consider this, nor any other evidence which wasn't considered by the FtT, for example evidence which wasn't available at that time. If you wish new evidence to be considered, you will need to make a new claim. A new claim can run in tandem with any ongoing appeal to a FtT or UT.
The alleged medical negligence is a separate issue, and isn't something we can deal with. If you haven't already done so, I suggest you contact a solicitor who specialises in this area.
Hope this is information is of help.
Jim.
The decision of a First-tier Tribunal of the Social Chamber ( which deals with Social Security Appeals) can only be set aside if the FtT has made an Error of Law
See this link to DLA Appeals and also our Guide to Appeals in the Members Only area.
As the Disability Law Service fact sheet makes clear, if you are granted a 'set aside', then the Upper Tribunal can only hear evidence you provided to the FtT. So if you have a new diagnosis since your appeal, they cannot consider this, nor any other evidence which wasn't considered by the FtT, for example evidence which wasn't available at that time. If you wish new evidence to be considered, you will need to make a new claim. A new claim can run in tandem with any ongoing appeal to a FtT or UT.
The alleged medical negligence is a separate issue, and isn't something we can deal with. If you haven't already done so, I suggest you contact a solicitor who specialises in this area.
Hope this is information is of help.
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
Last edit: 11 years 9 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).
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