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DLA tribunal
- Carolie55
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12 years 1 month ago - 12 years 1 month ago #97186 by Carolie55
DLA tribunal was created by Carolie55
Hi,
I attended yesterday a tribunal with my brother in East Sussex, We overheard a conversation as we went in between the Judge, Dr and Senior Carer, the Dr was asking the others how many people do you think have been awarded DLA, the others just said don't know, whereas the DR said "Well, there won't be any awards today!" Isn't that just a bit off.
The judge afterwards did say to my brother that he does need help and recommended he go to HARC for help!
Carolie55
I attended yesterday a tribunal with my brother in East Sussex, We overheard a conversation as we went in between the Judge, Dr and Senior Carer, the Dr was asking the others how many people do you think have been awarded DLA, the others just said don't know, whereas the DR said "Well, there won't be any awards today!" Isn't that just a bit off.
The judge afterwards did say to my brother that he does need help and recommended he go to HARC for help!
Carolie55
Last edit: 12 years 1 month ago by Gordon.
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- Gordon
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12 years 1 month ago #97190 by Gordon
Congratulations to your brother on the award.
Tribunals are required to make a decision, based on the evidence available to them on the day and the claimant's answers to their questions during the hearing , whilst it is possible for them to find in favour of the claimant without a hearing being required, there should be no negative determination until they seen the claimant, so yes, their comments were a bit off.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA tribunal
Carolie55 wrote: Hi,
I attended yesterday a tribunal with my brother in East Sussex, We overheard a conversation as we went in between the Judge, Dr and Senior Carer, the Dr was asking the others how many people do you think have been awarded DLA, the others just said don't know, whereas the DR said "Well, there won't be any awards today!" Isn't that just a bit off.
The judge afterwards did say to my brother that he does need help and recommended he go to HARC for help!
Carolie55
Congratulations to your brother on the award.
Tribunals are required to make a decision, based on the evidence available to them on the day and the claimant's answers to their questions during the hearing , whilst it is possible for them to find in favour of the claimant without a hearing being required, there should be no negative determination until they seen the claimant, so yes, their comments were a bit off.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Carolie55
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12 years 1 month ago - 12 years 1 month ago #97199 by Carolie55
Replied by Carolie55 on topic DLA tribunal
He didn't get an award at all, thin they had determined that beforehand, although the Judge & carer were really nice ,The Dr was an absolute, can't put it on here!
Last edit: 12 years 1 month ago by Gordon.
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- Gordon
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12 years 1 month ago - 12 years 1 month ago #97212 by Gordon
I'm sorry. I read your post as his having received an HRC award.
He has two options with regard to pursuing this, which can be be progressed individually or in parallel.
First of all, there is no restriction on his making a new claim for DLA.
Secondly, if he can show that there has been an Error of Law in the judgement on his claim, then he can appeal to have the Decision Set Aside, the first stage of this would be to request a written Statement of Reasons. See
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Unfortunately, I doubt that the conversation you overheard will be reason in itself, but may nonetheless be of value, however, we are not in a position to advise in depth about appealing a Tribunal decision, so you need to get face to face advice from an advisor with experience in this area.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA tribunal
Carolie55 wrote: He didn't get an award at all, thin they had determined that beforehand, although the Judge & carer were really nice ,The Dr was an absolute, can't put it on here!
I'm sorry. I read your post as his having received an HRC award.
He has two options with regard to pursuing this, which can be be progressed individually or in parallel.
First of all, there is no restriction on his making a new claim for DLA.
Secondly, if he can show that there has been an Error of Law in the judgement on his claim, then he can appeal to have the Decision Set Aside, the first stage of this would be to request a written Statement of Reasons. See
What is an Error of Law?
Tribunals – Requesting a Statement of Reasons
Unfortunately, I doubt that the conversation you overheard will be reason in itself, but may nonetheless be of value, however, we are not in a position to advise in depth about appealing a Tribunal decision, so you need to get face to face advice from an advisor with experience in this area.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 1 month ago by Gordon.
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 1 month ago - 12 years 1 month ago #97223 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
The comment by the doctor was way out of line.
Although all tribunal members receive the appellant's case bundle about 2-3 weeks before the date of the hearing, the Tribunal Judge, the Medical Member and the Disability Member do not see each other until the day of hearing.
The Medical Member should not have passed any comment about how many appeals may or may not be successful, until the actual appeal has been heard. Decisions are taken by the 3 person panel and not by the doctor or indeed any one member. Decisions can be unanimous, or often on 2-1 majority, and all members have equal say, so if the Medical Member and Disability Member voted to give an award, then the the Tribunal Judge has to abide by this decision.
Normally, I'd advise you to complain, but no doubt the Medical Member would deny saying what you've written, and you have no proof. Pity you hadn't had a portable voice recorder in your pocket.
As it appears the comments were made before the appeal started, your brother has no grounds for appeal on the doctor's comments, but as Gordon has advised he should ask for a statement of reasons for the refusal and/or make a new claim for DLA.
Jim
former DLA Tribunal Member (1994 - 2005)
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 DLA tribunal
Hi,
I attended yesterday a tribunal with my brother in East Sussex, We overheard a conversation as we went in between the Judge, Dr and Senior Carer, the Dr was asking the others how many people do you think have been awarded DLA, the others just said don't know, whereas the DR said "Well, there won't be any awards today!" Isn't that just a bit off.
The judge afterwards did say to my brother that he does need help and recommended he go to HARC for help!
Carolie55
The comment by the doctor was way out of line.
Although all tribunal members receive the appellant's case bundle about 2-3 weeks before the date of the hearing, the Tribunal Judge, the Medical Member and the Disability Member do not see each other until the day of hearing.
The Medical Member should not have passed any comment about how many appeals may or may not be successful, until the actual appeal has been heard. Decisions are taken by the 3 person panel and not by the doctor or indeed any one member. Decisions can be unanimous, or often on 2-1 majority, and all members have equal say, so if the Medical Member and Disability Member voted to give an award, then the the Tribunal Judge has to abide by this decision.
Normally, I'd advise you to complain, but no doubt the Medical Member would deny saying what you've written, and you have no proof. Pity you hadn't had a portable voice recorder in your pocket.
As it appears the comments were made before the appeal started, your brother has no grounds for appeal on the doctor's comments, but as Gordon has advised he should ask for a statement of reasons for the refusal and/or make a new claim for DLA.
Jim
former DLA Tribunal Member (1994 - 2005)
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
Last edit: 12 years 1 month ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law).
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