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DLA tribunal

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 4 months ago #93768 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:DLA tribunal
Trundles wrote:

thanks very much bro58 good job i got more ink for the printer today as i had not thought of multiple copies. I take it they have to give me this info regarding reducing at the start of the hearing, if they say nothing they cannot reduce/takeaway?.

Hi,

I hope that the documentation that you are submitting to the Tribunal today is short. If not, you run the risk of your appeal being adjourned if they do not have the time to read it all.

Normally, any evidence sent by the appellant should be sent 2-3 weeks before the date of a Tribunal. hearing. This enables the Clerk to the Tribunal to send copies to all Tribunal Members and a copy to the DWP in case they decide to send along a Presenting Officer ( who is a Senior Decision Maker (DM) and cannot be the DM who adjudicated on your DLA application.

All Tribunal Panels are normally sent case bundles 2-3 weeks before a hearing is due so that they can read it all at home well before the date of an appeal.

Normally, from my experience as a former DLA Tribunal Member from 1996 -2006, the Tribunal Judge will accept one or two pages of typewritten A4 pages on the day of the hearing, but not any more since each appeal only has a 40 minutes slot. Again, from my experience an attempt by the appellant, be they represented or not to submit a long submission and/or masses of further information on the day of appeal will almost certainly lead to the hearing being adjourned, since the Tribunal will not have time to read it all and
will have no option to adjourn to read the the extra pages submitted.

A failure to do so would amount to a breach of the 'rules of natural justice' which simply expressed equates to 'fair play at work'.

I hope the extra information/evidence you submitted was accepted by the Tribunal Judge,
and that things wen well for you.

See also in this thread my post on the Tribunal giving a warning if considering changing or removing a component that you are not disputing.

Good luck, and let us know how you get on.

Jim

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