DLA tribunal appeal

Good evening,
I posted here around 6 months ago following a failed DLA first tier tribunal. Following the advice given on this site, I appealed to the upper tribunal and today I received a decision. My application did not need to be considered by an upper tribunal and a district judge decided that a new tribunal should hear my appeal based on several errors of law by the first tier tribunal. In the meantime I had re-applied and been turned down again so I am currently appealing the second claim as well!
Firstly, I wanted to let others know that although stressful, it is worth appealing against a decision made by a first tier tribunal if an error of law can be identified and at least I now have a chance of having my case judged fairly.
It has been directed that a presenting officer be at the new hearing as well as an ATJ or DTJ as well as the 2 other panel members. What is an ATJ/DTJ and is it usual for one of these and a presenting officer to be required to attend a first tier tribunal?
Many thanks to all of the guides and advice given on this site, which has helped me to cope and get through these last few months.

Lds77 wrote:

Good evening,
I posted here around 6 months ago following a failed DLA first tier tribunal. Following the advice given on this site, I appealed to the upper tribunal and today I received a decision. My application did not need to be considered by an upper tribunal and a district judge decided that a new tribunal should hear my appeal based on several errors of law by the first tier tribunal. In the meantime I had re-applied and been turned down again so I am currently appealing the second claim as well!
Firstly, I wanted to let others know that although stressful, it is worth appealing against a decision made by a first tier tribunal if an error of law can be identified and at least I now have a chance of having my case judged fairly.
It has been directed that a presenting officer be at the new hearing as well as an ATJ or DTJ as well as the 2 other panel members. What is an ATJ/DTJ and is it usual for one of these and a presenting officer to be required to attend a first tier tribunal?
Many thanks to all of the guides and advice given on this site, which has helped me to cope and get through these last few months.

Hi L77,

I would assume that ATJ would stand for Appeals Tribunal Judge, and DTJ would be District Tribunal Judge, but don't hold me to that.

DWP presenting officers do not always appear at appeals hearing, however one may be present in this case, due to the District Judge's "directions".

bro58

Brilliant, as if the last time around wasn't enough of a nightmare - now there will be an extra person to assist with the feeling of intimidation. Can the DWP rep question me as well? Oh well. Will keep you posted on this round of appeals

Lds77 wrote:

Brilliant, as if the last time around wasn't enough of a nightmare - now there will be an extra person to assist with the feeling of intimidation. Can the DWP rep question me as well? Oh well. Will keep you posted on this round of appeals

Hi L77,

Try not to worry to much, it could be in your favour that a DTJ is there also, and the DWP Presenting Officer's attendance may have been directed so that he/she is compelled to fully justify the DWP's decision.

Please let us know how you get on.

bro58

Hi L77,

These threads came up when I put Presenting Officer into the search engine :

www.benefitsandwork.co.uk/forum?func=adv...name=1&childforums=1

You may wish to have a look through them.

bro58

Hi L77,

I would assume that ATJ would stand for Appeals Tribunal Judge, and DTJ would be District Tribunal Judge, but don't hold me to that.

DWP presenting officers do not always appear at appeals hearing, however one may be present in this case, due to the District Judge's "directions".

bro58

Hi Bro,

I wasn't aware that there was an ATJ in the Tribunal hierarchy, so rang one of my former tribunal colleagues at Liverpool Regional Office this morning and this was his explanation.

ATJ = Area Tribunal Judge.(formerly known as part-time Chairman) These are not employees of the Tribunal Service but work from home part-time being paid a fee for each day or half day they sit on Tribunals. They were called ATJ's to differentiate them from DTJ's.

As you rightly state A DTJ is a District Tribunal Judge ( formally called District Chairman) These are employed by the Tribunals Service on an annual salary and work full time from a Regional Office.

There's also an RTJ who is a Regional Tribunal Judge ( formerly called Regional Chairman).

They are the Senior Judge in the Tribunal hierarchy and tend to sit on the most complicated cases, but often just pop into a Tribunal as part of the monitoring process of all Tribunal Members, be they Judges, Medical Members or Disability Members.

All Tribunal Members are now part of the Ministry of Justice and are judicial post holders appointed by the Lord Chancellor usually on a five years renewable basis, but must retire at 70 years of age.

Information of pretty much no use whatsoever, but felt you'd like to know for future reference

Best regards.

Jim