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dla tribunal hearing adjourned today - have cfs/me
- Daley
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11 years 6 months ago - 11 years 6 months ago #92874 by Daley
dla tribunal hearing adjourned today - have cfs/me was created by Daley
My husband represented me today at tribunal for dla. Currently have lrc. After around 15 mins of questioning him they took a short break, and then informed him that it was being adjourned. He was given no paperwork but from what he can recall he was told that they needed to get someone to medically asess me in our home.
Questions.... if dwp didnt deem necessary is this good news?... Recently won appeal, without tribunal to move to support group, decision maker rang to explain her decision was based on mobilising 50m - which i thought would aid tribunal in perhaps granting hrm or lrm.... how long do we wait again.... is it an atos examiner???Nerves in shreds, again.
Questions.... if dwp didnt deem necessary is this good news?... Recently won appeal, without tribunal to move to support group, decision maker rang to explain her decision was based on mobilising 50m - which i thought would aid tribunal in perhaps granting hrm or lrm.... how long do we wait again.... is it an atos examiner???Nerves in shreds, again.
Last edit: 11 years 6 months ago by slugsta.
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- Gordon
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11 years 6 months ago - 11 years 6 months ago #92882 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:dla tribunal hearing adjourned today - have cfs/me
Daley
It's not clear from your post whether you attended the hearing, but if you did not it could be to your advantage for your to do so when the hearing is re-convened?
The Tribunal have to have sufficient "independant" medical information, normally provided by the DWP, to make a decision on the award. If they do not then the usual procedure is to arrange for a medical to be held.
Once you have been seen, you will receive a copy of the medical report and will habe the opportunity to submit your comments on it to the Tribunal. The hearing will normally be re-conevened within 3-4 week s of the report becoming available to both parties.
The ESA mobility test is a stricter than the DLA walking test and therefore should of relevance, if you have not already done so, you should make the Tribunal Service aware of the decision, the information will not be available otherwise.
The medical will be carried out by an ATOS doctor, but is different in format from the ESA assessment, see
DLA medical examination
Gordon
It's not clear from your post whether you attended the hearing, but if you did not it could be to your advantage for your to do so when the hearing is re-convened?
The Tribunal have to have sufficient "independant" medical information, normally provided by the DWP, to make a decision on the award. If they do not then the usual procedure is to arrange for a medical to be held.
Once you have been seen, you will receive a copy of the medical report and will habe the opportunity to submit your comments on it to the Tribunal. The hearing will normally be re-conevened within 3-4 week s of the report becoming available to both parties.
The ESA mobility test is a stricter than the DLA walking test and therefore should of relevance, if you have not already done so, you should make the Tribunal Service aware of the decision, the information will not be available otherwise.
The medical will be carried out by an ATOS doctor, but is different in format from the ESA assessment, see
DLA medical examination
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 6 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 6 months ago - 11 years 6 months ago #92891 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 tribunal hearing adjourned today - have cfs/me
What appears to have happened, is that the Tribunal have decided to adjourn in order to obtain further medical evidence for your DLA claim.
Regretfully, this means that the Tribunal will direct the DWP to send out a Health Care Professional (HCP) to assess you. As Atos currently has the contract for DLA medical assessments, then they will send a doctor, nurse, physiotherapist or occupational therapist to carry out an 'assessment' for which you are entitled to receive 7 days notice of an impending visit.
As the Tribunal adjourned for further medical evidence, they would not provide any paperwork
at this stage, but they should have advised your husband the reason for the adjournment.
Once you have your assessment, you will be given a further date by the Tribunals Service for
your adjourned appeal to be reheard. Please note as most DLA Tribunal Members are part-time, it's highly unlikely that the same Tribunal panel will rehear the appeal.
I don't deal with ESA except for basics, but it is awarded for inability to work due to ill health/disability, whilst DLA is awarded to those who have care and/or mobility needs.
Sometimes both the DWP and Tribunals will use ESA to help to adjudicate on DLA, but on this occasion, the Tribunal decided that they need further medical evidence.
I am unable to explain why they felt this was necessary, as I don't have access to your case bundle.
In the circumstances, unless your husband is a Benefits Adviser, it would be in your best interests to seek 'face to face' advice from a professional adviser. Since I'm not aware of the area where you reside, the easiest way to find assistance is to Google benefits advice adding the town or city in which you reside.
Jim Allison
retired Welfare Rights Lawyer & former DLA Tribunal Member.
Mod note : Gordon's reply wasn't there when I started typing my reply, but both his and my reply are of relevance to your appeal
Regretfully, this means that the Tribunal will direct the DWP to send out a Health Care Professional (HCP) to assess you. As Atos currently has the contract for DLA medical assessments, then they will send a doctor, nurse, physiotherapist or occupational therapist to carry out an 'assessment' for which you are entitled to receive 7 days notice of an impending visit.
As the Tribunal adjourned for further medical evidence, they would not provide any paperwork
at this stage, but they should have advised your husband the reason for the adjournment.
Once you have your assessment, you will be given a further date by the Tribunals Service for
your adjourned appeal to be reheard. Please note as most DLA Tribunal Members are part-time, it's highly unlikely that the same Tribunal panel will rehear the appeal.
I don't deal with ESA except for basics, but it is awarded for inability to work due to ill health/disability, whilst DLA is awarded to those who have care and/or mobility needs.
Sometimes both the DWP and Tribunals will use ESA to help to adjudicate on DLA, but on this occasion, the Tribunal decided that they need further medical evidence.
I am unable to explain why they felt this was necessary, as I don't have access to your case bundle.
In the circumstances, unless your husband is a Benefits Adviser, it would be in your best interests to seek 'face to face' advice from a professional adviser. Since I'm not aware of the area where you reside, the easiest way to find assistance is to Google benefits advice adding the town or city in which you reside.
Jim Allison
retired Welfare Rights Lawyer & former DLA Tribunal Member.
Mod note : Gordon's reply wasn't there when I started typing my reply, but both his and my reply are of relevance to your appeal
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 6 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).
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