DLA Tribuneral

I have appeal coming up on 15th of this month,june, ive waited over a year and managed to get it moved to an appeal centre closer to me i needed the time really and could do with more time can they postpone it for say another 6 months to give me time to get tests and new evidence in,there may of been a serious missed diagnosis mainly multiple sclerosis,for 18 years at least,this is first time ive claimed for dla,any advise thanks

maffness wrote:

I have appeal coming up on 15th of this month,june, ive waited over a year and managed to get it moved to an appeal centre closer to me i needed the time really and could do with more time can they postpone it for say another 6 months to give me time to get tests and new evidence in,there may of been a serious missed diagnosis mainly multiple sclerosis,for 18 years at least,this is first time ive claimed for dla,any advise thanks

Hi,

All you can do is write to the Tribunal Office dealing wit your case and ask.

However they may form the view if you have been waiting over one year you would have had ample time to collect any supporting evidence.

Ultimately it will be down to a judge whether or not to grant you an adjournment, but you would really have to demonstrate why you need this extra time over and above the time already passed.

Pete

if you dont go the dwp could easy stop your benefit
and you will have to wate even longer!

I think it more likely that the tribunal would continue without the claimant - which is known to have a lower change of success.

Hi Mafness,

If an oral hearing is scheduled and the appellant doesn't turn up, normally the Tribunal Judge in consultation with his Medical Member for IB/ESA appeals or for DLA appeals with the Medical Member & the Disability Specialist Member, will adjourn the appeal and the appellant will be sent another appeal date.

It would be unusual for them to hear the case as a paper hearing from my experience of DLA Tribunals, although during my ten years as a DLA Tribunal Member it did happen occasionally. However in most cases after the appellant contacted the Tribunals Service with a good reason for not attending, the 'paper hearing' decision would be 'set aside' and a new appeal arranged.

I'd always advise where possible to opt for an oral hearing, as 'paper hearings' have only around a 10% success rate, as they have hear the appeal on the case papers alone, just as DWP Decision Makers do.

I cannot speak for IB/ESA appeals, as I only sat on DLA appeals, but an oral hearing for DLA is 5 times more likely to succeed than a paper hearing.

Hope this helps.

Sorry I wasn't able to come online today during forum opening hours; but better late than never.

Good luck.

Jim

Thanks Jim!