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Paperwork quantity for DLA appeal
- jeffw
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14 years 6 months ago #20403 by jeffw
Paperwork quantity for DLA appeal was created by jeffw
Have lodged my request for HR Mobility to go to tribunal and been informed that it will be at least 14-18 weeks.
Reading a thread on another page about having ring binders of evidence I wondered if this referred to papers actually pre-submitted for Tribunal perusal or back-up evidence for referenc on the day?
Following the excellent info on this site I have torn the EMP's report to shreds and also obtained a very supportive GP letter both of which I was going to submit as my appeal documents.
Having read that some have had folders of papers my two items, probably amounting to six pages (but 'hard-hitting' nonetheless), seem a little insufficient.
The 14-18 weeks gives plenty of prep time. Should I request a Freedom of Information type from my GP and have a complete Personal Medical Record either forwarded in advance with my original two documents, or have the same but on hand for reference/'show' in said ring binder, or might my two original documents be enough (particularly in the way it tears (in my opinion anyway !) the consistency, error-ridden and downright missing of reporting the points from the EMP home medical) ?
With plenty of time to prepare I don't want to go ill-prepared but nor do I want to swamp the tribunal with reams of papers.
All suggestion warmly accepted.
Reading a thread on another page about having ring binders of evidence I wondered if this referred to papers actually pre-submitted for Tribunal perusal or back-up evidence for referenc on the day?
Following the excellent info on this site I have torn the EMP's report to shreds and also obtained a very supportive GP letter both of which I was going to submit as my appeal documents.
Having read that some have had folders of papers my two items, probably amounting to six pages (but 'hard-hitting' nonetheless), seem a little insufficient.
The 14-18 weeks gives plenty of prep time. Should I request a Freedom of Information type from my GP and have a complete Personal Medical Record either forwarded in advance with my original two documents, or have the same but on hand for reference/'show' in said ring binder, or might my two original documents be enough (particularly in the way it tears (in my opinion anyway !) the consistency, error-ridden and downright missing of reporting the points from the EMP home medical) ?
With plenty of time to prepare I don't want to go ill-prepared but nor do I want to swamp the tribunal with reams of papers.
All suggestion warmly accepted.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 6 months ago #20420 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:Paperwork quantity for DLA appeal
Hi Jeff,
From my experience as a former DLA Tribunal Member, you should send everything that you wish the Tribunal to consider in advance of your appeal to the Tribunals Service office dealing with your appeal.
A Tribunal is a complete re-hearing of your claim by an independent body so they will only know what's submitted in the case bundle which is sent to all 3 panel members about 2-3 weeks before the date of your appeal.
This is done so that all members can read through your case bundle thoroughly before the day of your appeal. It is permissible to submit to the tribunal on the day of the appeal no more than a couple of A4 sheets. Submitting realms of evidence on the day of the appeal is likely to lead to an adjournment, as members won't have the time to read it all, since under normal circumstances each appellant is allocated a 40 minutes slot for the appeal to be heard.
The Freedom of Information Act is used to get information not in the public domain from public bodies, not from people like your GP. Most GP's will give you access to your medical records without a formal request, but speak to your GP's Practice Manager as they may not do this, so you will have to apply for access to your medical records under the Data Protection Act 1998.
Hope this helps and good luck with your appeal.
Jim
From my experience as a former DLA Tribunal Member, you should send everything that you wish the Tribunal to consider in advance of your appeal to the Tribunals Service office dealing with your appeal.
A Tribunal is a complete re-hearing of your claim by an independent body so they will only know what's submitted in the case bundle which is sent to all 3 panel members about 2-3 weeks before the date of your appeal.
This is done so that all members can read through your case bundle thoroughly before the day of your appeal. It is permissible to submit to the tribunal on the day of the appeal no more than a couple of A4 sheets. Submitting realms of evidence on the day of the appeal is likely to lead to an adjournment, as members won't have the time to read it all, since under normal circumstances each appellant is allocated a 40 minutes slot for the appeal to be heard.
The Freedom of Information Act is used to get information not in the public domain from public bodies, not from people like your GP. Most GP's will give you access to your medical records without a formal request, but speak to your GP's Practice Manager as they may not do this, so you will have to apply for access to your medical records under the Data Protection Act 1998.
Hope this helps and good luck with your appeal.
Jim
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
- Steve Donnison
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14 years 6 months ago #20421 by Steve Donnison
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Steve Donnison on topic Re:Paperwork quantity for DLA appeal
Hi jeffw,
Ring binders full of evidence are definitely the exception. There are cases that warrant that amount of evidence, but they are very much the exception.
Bear in mind that the tribunal members are supposed to read through all the evidence for all the cases they are hearing beforehand. So, brief evidence is more likely to be read properly and understood than vast quantities.
So, six pages is plenty if it covers what you need to say. Also remember that the evidence that is likely to carry the most weight is the oral evidence you give on the day.
Good luck,
Steve
Ring binders full of evidence are definitely the exception. There are cases that warrant that amount of evidence, but they are very much the exception.
Bear in mind that the tribunal members are supposed to read through all the evidence for all the cases they are hearing beforehand. So, brief evidence is more likely to be read properly and understood than vast quantities.
So, six pages is plenty if it covers what you need to say. Also remember that the evidence that is likely to carry the most weight is the oral evidence you give on the day.
Good luck,
Steve
Nothing on this board constitutes legal advice - always consult a professional about specific problems
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 6 months ago #20428 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:Paperwork quantity for DLA appeal
Hi Steve,
Your reply wasn't there when I started my reply. Forgot to mention that most tribunals are won on what the appellant tells the tribunal on the day of the appeal.
Thanks for including this in your reply.
Kind regards.
Jim
Your reply wasn't there when I started my reply. Forgot to mention that most tribunals are won on what the appellant tells the tribunal on the day of the appeal.
Thanks for including this in your reply.
Kind regards.
Jim
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
- jeffw
- Topic Author
14 years 6 months ago #20447 by jeffw
Replied by jeffw on topic Re:Paperwork quantity for DLA appeal
Thanks folks. Will keep you up to date and after the appeal,if successful, will forward the EMP discrepancy report that I wrote, with the help of this site, for general your feedback.
- kathy1
14 years 6 months ago #20667 by kathy1
Replied by kathy1 on topic Re:Paperwork quantity for DLA appeal
Hi Jeff,
It was my thread re amount of evidence for DLA tribunal. But this was really just 2 ring binders that contained ltrs etc from DWP in one, and my application, letters of disputes etc that I had sent in the other.
I was afraid of not having all my paperwork with me in case I had to refer to something, but to tell you the truth, I didnt have to look at any of it once.
I won my appeal, but it was simply as as result of answering the questions from both the Dr and Disability Expert and being able to explain in my own way.
I would definatley recommend that if you do have some issues and you would like the panel to consider prior to tribunal, do send you issues on paper, but well in advance. As for on the day, just answer their questions and you should be ok.
Good Luck
Kathy
It was my thread re amount of evidence for DLA tribunal. But this was really just 2 ring binders that contained ltrs etc from DWP in one, and my application, letters of disputes etc that I had sent in the other.
I was afraid of not having all my paperwork with me in case I had to refer to something, but to tell you the truth, I didnt have to look at any of it once.
I won my appeal, but it was simply as as result of answering the questions from both the Dr and Disability Expert and being able to explain in my own way.
I would definatley recommend that if you do have some issues and you would like the panel to consider prior to tribunal, do send you issues on paper, but well in advance. As for on the day, just answer their questions and you should be ok.
Good Luck
Kathy
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