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Blue badge/ tribunal

  • jeffw
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14 years 3 months ago #21115 by jeffw
Blue badge/ tribunal was created by jeffw
Reading another thread about someone needing a Blue Badge but hadn't yet got MobDLA and teh response that you can get one from your Council with GP recommendation reminded me that that was the way I was able to renew my BB when my DLA was stopped (still waiting hearing).

My GP confirmed that I could not walk 50m without pain and I got the BB renewed from the Council.

My question is will that award notice (of the BB) be a useful addition to my GP support letter and ripping to shreds the EMP home visit, or is it direct questioning on the day that will carry weight. I'm a bit nervous when cross-examined particularly with so much riding on it and 'the panel' to face. Can my representative answer questions for me as I'm sure I'll forget something or give an unintentional answer OR is it that I have to answer personally.

Mnay thanks for continued support from you site guys and gals.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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14 years 3 months ago #21117 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:Blue badge/ tribunal
Hi Jeff,

Regretfully, having a Blue Badge is no guarantee that an award of DLA will be made.

Presumably you have been refused DLA, have lodged an appeal and are currently awaiting a date for your appeal ?

From my experience both as a WRO and a DLA Tribunal Member, most appeals are won at oral hearings not because of any real new evidence presented to the Tribunal on the day of the hearing, but because of what the appellant tells the tribunal on the day of the hearing.

At a Tribunal, questions will always be directed to the appellant, since it's their appeal and they are the most important person there and know more about their care and/or mobility needs than anyone else. Your representative will be given the opportunity to make both an opening and a closing submission, but he/she will not be allowed to answer questions directed to you, nor to prompt you with answers.

A Tribunal is a court of law, albeit an informal one and is a complete rehearing of your claim by an independent body and the only information the Tribunal will have about you is that which is contained in the case bundle which will be sent to you about 2-3 weeks before the date of the appeal.

Tribunals have wide powers on which evidence to accept and which to reject, and they often accept the evidence given by the appellant and their GP/Consultant in preference to that of of a medical assessor ( which includes doctors, nurses, physiotherapists and occupational therapists ) appointed by ATOS who carry out out medical assessments on behalf of the DWP.

Hope this helps and good luck.

Jim

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