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DLA APPEAL & TRIBUNAL
13 years 1 week ago #78767 by pata1
Replied by pata1 on topic Re:DLA APPEAL & TRIBUNAL
Hi Angela,
I did send you a message earlier, but it looks like I never submitted it, after I previwed it.
Tribunals have wide powers on which evidence to accept and which to reject.
If your friend wishes to act as a witness for you, it will be sufficient to tell the Clerk to the Tribunal on the day of your appeal when they greet you in the waiting room.
Normally, each appeal is given a 40 minutes slot, more complex case can have two slots or rarely three. The Tribunal cannot ask you to demonstrate your mobility and/ or care needs, they can only ask questions; also the Medical Member of the Tribunal Panel is not allowed to examine you.
Although your appeal will have a 40 minutes slot allocated, it could be over in ten minutes or less. In fact I've attended Tribunals where the appellant (you) has not been called in the Tribunal room.. The Tribunal panel have just read all the case papers and the Tribunal Judge and his two colleagues have accepted the claimants evidence in the case file files prove their claim.
In these circumstance, the Clerk to the Tribunal will merely hand you the Tribunal's decision notice in writing.
In DLA Tribunals there must be 3 panel members, all have equal say, and the decision can be unanimous, or a majority decision, i.e. 2-1.
Hope this helps and again good luck wit your appeal.
Pat. x
I did send you a message earlier, but it looks like I never submitted it, after I previwed it.
Tribunals have wide powers on which evidence to accept and which to reject.
If your friend wishes to act as a witness for you, it will be sufficient to tell the Clerk to the Tribunal on the day of your appeal when they greet you in the waiting room.
Normally, each appeal is given a 40 minutes slot, more complex case can have two slots or rarely three. The Tribunal cannot ask you to demonstrate your mobility and/ or care needs, they can only ask questions; also the Medical Member of the Tribunal Panel is not allowed to examine you.
Although your appeal will have a 40 minutes slot allocated, it could be over in ten minutes or less. In fact I've attended Tribunals where the appellant (you) has not been called in the Tribunal room.. The Tribunal panel have just read all the case papers and the Tribunal Judge and his two colleagues have accepted the claimants evidence in the case file files prove their claim.
In these circumstance, the Clerk to the Tribunal will merely hand you the Tribunal's decision notice in writing.
In DLA Tribunals there must be 3 panel members, all have equal say, and the decision can be unanimous, or a majority decision, i.e. 2-1.
Hope this helps and again good luck wit your appeal.
Pat. x
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