Tribunal Stipulations.

Crazydiamond wrote:

Jim Allison wrote:

As a former DLA Tribunal Member, in my opinion a Tribunal cannot stipulate when appellants are reviewed or reassessed as it is beyond their remit.

Appeal tribunals hearing DLA appeals do in fact decide on the length of the award, ie whether it be for two years, five years or an indefinite award, where the appeal is upheld in favour of the appellant.

I haven't heard anything about appeal tribunals recommending a date for a reassessment of an ESA award, but in my opinion in the same way as they can determine the length of a DLA award, they should be allowed over and above a "recommendation" to decide when a claimant should have their ESA award reviewed. This of course would prevent the farcical situation as indicated in the previous post where an appellant wins their appeal, only to find that they are immediately subjected to the WCA again.

Somehow, I don't think the government would entertain such a sensible proposal!

Sorry to all who replied, I think I worded my reply badly, not at my best at present due to MS fatigue. If things don't improve soon I will discuss my future with Steve as I'm not giving much input to the forum at present and I'll be 72 years old in December, probably time to retire.(again)

CD,

I am of course aware that DLA Tribunals can and do decide the length of an award of care and/or mobility components of DLA. However, I don't equate this with being reviewed/reassessed which of course can also be done by a Decision Maker if they have evidence that the claimant's needs had changed.

As for ESA, I've admitted many times in the past, I know little about ESA, and I make it clear under Moderator, that I only deal with DLA/AA. PIP and appeals.

Apologies to all concerned.

Jim