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11 years 1 month ago - 11 years 1 month ago #98503 by mommaduck
DLA Appeal was created by mommaduck
How likely is it that someone from the DWP will attend a DLA appeal?

Do they usually or don't they bother, and if they do, what part do they play in the proceedings?
Last edit: 11 years 1 month ago by bro58.

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  • bro58
11 years 1 month ago - 11 years 1 month ago #98507 by bro58
Replied by bro58 on topic DLA Appeal

mommaduck wrote: How likely is it that someone from the DWP will attend a DLA appeal?

Do they usually or don't they bother, and if they do, what part do they play in the proceedings?


Hi md,

In the majority of cases, DWP Presenting Officers do not attend Tribunal Appeals Hearings.

They are there as a "friend of the court" to answer any questions from the panel etc, and present the DWP's case.

I do not believe that they cross examine the appellant, although they could obviously raise any relevant arguments to the appellant's submission.

bro58
Last edit: 11 years 1 month ago by bro58.

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11 years 1 month ago - 11 years 1 month ago #98716 by mommaduck
Replied by mommaduck on topic DLA Appeal
Following on from my question above, it is my daughters DLA appeal this coming Friday.

How many supporters is she allowed to take with her ( is me and her sister admissable?) and if so, do we have to give our names, address and relationship to her or is it more informal?

Is it a closed hearing in private or is it like a court where anyone can turn up for the 'entertainment'?

thanks
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago #98719 by Gordon
Replied by Gordon on topic DLA Appeal

mommaduck wrote: Following on from my question above, it is my daughters DLA appeal this coming Friday.

How many supporters is she allowed to take with her ( is me and her sister admissable?) and if so, do we have to give our names, address and relationship to her or is it more informal?

Is it a closed hearing in private or is it like a court where anyone can turn up for the 'entertainment'?

thanks


As a Tribunal is a Court of Law, it is required to be open to the public, however, the reality is nobody is likely to attend.

As far as I am aware, one person would normally attend as a companion and will be seated with the claimant, others should be allowed to attend, subject to space and seating in the room, as observers.

The companion will need to identify themselves to the court and what role they will be playing in the proceedings. The others may need to register for Health and Safety reasons, but as they will not be participating in the proceedings, that should be all they are asked to disclose.

I hope this helps

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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11 years 1 month ago #98721 by mommaduck
Replied by mommaduck on topic DLA Appeal
Thanks Gordon it does.

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11 years 1 month ago - 11 years 1 month ago #98768 by mommaduck
Replied by mommaduck on topic DLA Appeal
Last couple of questions before DLA appeal tomorrow.

'Normally', how long does the appeal interview take (daughter really poorly today and she is not really up to a lengthy interview - she is very fragile and in a lot of pain)

Also, we sent of final evidence last week to comply with 1 week before appeal deadline. We had to cut it close giving DLA a final chance to provide paperwork requested under Subject Access Request x2, but no response.

As there was quite a wad of papers, medical reports, scans, consultant and GP letters etc. etc. which DLA had failed to obtain - do the panel get to read all this extra evidence along with original claim forms etc prior to the hearing, or do they only get to see this on the day, immediately before the hearing?
Last edit: 11 years 1 month ago by Gordon.

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