Whats a reasonable time-frame for a DLA hearing

I applied for DLA back in February 2008. Because I claimed for the first time from Spain my claim has been back and forth from Policy Department, to DWP Lawyers Department, to Decision Makers. I was turned down on 26 week rule and also dependency. I am now appealing that I am in receipt of Long-Term IB since 1996 and base DLA claim on same medical problem. And that the UK have not abided by the EEU Regulations.

To-date claim is still with Decision Maker, whom I am told, is preparing my appeal!!!!

"MY CASE IS COMPLEX". I ASSUME, BECAUSE I APPLIED FROM SPAIN.

Q.....

How long should I expect to have to wait for a Tribunal hearing (paper)??????

Q......

I have heard that some DLA appeals do not even reach Tribunal hearing stage.

Why would this be?

Q.......

If DLA/DWP are so sure that my claim will fail, then why are they preparing their appeal submission?

Any advice will be welcome.

Thank you

Hi Goldensyrup,

How long is a piece of string is the best answer here. you can wait any lenghth of time at all for appeal.

Mine is waiting from Dec'08, Dec'09 was postponed at the start of my hearing and is only being recalled again this week.

The Department always produce a submission for the appeal service outlining (none too well IMO)their reasons for declining the application and quoting the relevent law and legislation.

Once you see their submission which you will receive with your tribunal bundle, you can then write your own written submission in answer to theirs, even if you have opted for an oral hearing.

I know there is a bit of a backlong with tribunals especially with the new ESA and lots of people having to appeal so even though there is some sort of guildlines on the lenghth of time people should have their appeals dealt with, I dont think at present too many are meeting the guidlines.

Hop you hav'nt too much longer to wait, but whoi knows good luck.

Kathy

kathy1 wrote:

Hi Goldensyrup,

How long is a piece of string is the best answer here. you can wait any lenghth of time at all for appeal.

Mine is waiting from Dec'08, Dec'09 was postponed at the start of my hearing and is only being recalled again this week.

The Department always produce a submission for the appeal service outlining (none too well IMO)their reasons for declining the application and quoting the relevent law and legislation.

Once you see their submission which you will receive with your tribunal bundle, you can then write your own written submission in answer to theirs, even if you have opted for an oral hearing.

I know there is a bit of a backlong with tribunals especially with the new ESA and lots of people having to appeal so even though there is some sort of guildlines on the lenghth of time people should have their appeals dealt with, I dont think at present too many are meeting the guidlines.

Hop you hav'nt too much longer to wait, but whoi knows good luck.

Kathy

Hi Kathy,

Thank you for your reply. Do you know anything about my question with regards to the fact that some appeals do not even reach the Tribunal Stage. As I thought all claims had the right to Appeal, but I have read recently on here that that is not so.

Goldensyrup wrote:
Do you know anything about my question with regards to the fact that some appeals do not even reach the Tribunal Stage. As I thought all claims had the right to Appeal, but I have read recently on here that that is not so.

I'm not sure if this is what you're asking, but I appealed against the decision not to award me DLA, the DWP then sent a doc to give me a medical, and on the strength of his report they changed the decision and awarded DLA. So I won my appeal, without having to go to a Tribunal.
Elaine

Hi goldensyrup,

The main reason that not all appeals reach tribunal stage is because the DWP sometimes revises its decsion in the client's favour between an appeal being lodged and a hearing being listed.

An appeal cannot simply be refused by the DWP because they consider it to be baseless unless the claimant agrees to withdraw.

If the DWP think that your appeal is not a valid one - for example you have appealed against a decision not to award you DLA solely on the grounds that income support is not enough to live on so you need more money - but you wish to go ahead anyway, then the matter is put before a full-time judge at the Tribunals service who has the power to strike out an appeal.

So, the reason the DWP put forward arguements even if they think an appeal is hopeless is because they have no choice but to do so.

Good luck,

Steve

elaine wrote:

Goldensyrup wrote:
Do you know anything about my question with regards to the fact that some appeals do not even reach the Tribunal Stage. As I thought all claims had the right to Appeal, but I have read recently on here that that is not so.

I'm not sure if this is what you're asking, but I appealed against the decision not to award me DLA, the DWP then sent a doc to give me a medical, and on the strength of his report they changed the decision and awarded DLA. So I won my appeal, without having to go to a Tribunal.
Elaine

Problem is, I applied for DLA AFTER moving to Spain, maybe I will have to see a Doctor here, which is fine by me as there is no way in this world I can fly to UK as I have a extreme fear of travelling (all part of my mental illness).

Thing is, I don´t think my medical evidence has ever been a problem as it has never been queried, it´s just the fact that I did not apply in the UK.