× Members

HM Courts - Appeals linked?

More
11 years 5 months ago - 11 years 5 months ago #115366 by Steve Blue
HM Courts - Appeals linked? was created by Steve Blue
At the end of of 2012 the decision was made to place my dad in the WRAG group as opposed to the support group, so his benefits have now stopped (ended mid November) - an appeal is waiting to heard by the HM Courts regarding this decision made by the DWP.

In the summer of 2013 he had another assessment and the same decision was made :( We are still waiting for the results of a reconsideration, so fingers crossed :pinch:

My question:

We have received a letter from HM Courts regarding my dad's 2012 appeal. It states that according to their records we have not yet appealed against the 2013 decision out of time and that if we wanted, we may want to 'LINK' appeals?

Do you know exactly what this would mean?

How we'd arrange it?

And what we'd need to do so?
Last edit: 11 years 5 months ago by Gordon.

Please Log in or Create an account to join the conversation.

More
11 years 5 months ago #115390 by Gordon
Replied by Gordon on topic HM Courts - Appeals linked?
Bluebear

Linking the appeals would result in one hearing even though each Decision may still be reached separately, I would recommend that you get advice from a trained advisor who can look over your papers to see whether it is a good idea or not.

Where to get advice?

To some extent it will depend on the nature of your father's underlying conditions. A tribunal can only consider evidence that relates to the date of the Decision being appealed, if your father has a deteriorating condition then, dependant on the strength of his evidence for the first appeal, if he were placed in the SG for this then it would be logical for the second Decision to also be for the SG.

This is a simplified argument, in addition, you also need to consider that the ESA Regulations and Descriptors were changed in January 2013, so it is feasible for someone to qualify for the SG on the pre 01/13 Regs and not on the post 01/13 ones, even with a deteriorating condition.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

More
11 years 5 months ago #115401 by Steve Blue
Replied by Steve Blue on topic HM Courts - Appeals linked?
We have received confirmation on my dad's condition from our family doctor which (to cut a long story short) confirms that all the evidence which he has supplied towards my dad's 2013 reconsideration (which we're still waiting a decision on months later) is also relevant to his condition at the time of the original decision made by the DWP 2012.

Please Log in or Create an account to join the conversation.

More
11 years 5 months ago #115404 by Gordon
Replied by Gordon on topic HM Courts - Appeals linked?

Bluebear wrote: We have received confirmation on my dad's condition from our family doctor which (to cut a long story short) confirms that all the evidence which he has supplied towards my dad's 2013 reconsideration (which we're still waiting a decision on months later) is also relevant to his condition at the time of the original decision made by the DWP 2012.


Whilst it may be the case, this is not really what I am talking about, I strongly recommend you get advice before making a decision on linking the appeals.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
  • Offline
More
11 years 4 months ago #115440 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 HM Courts - Appeals linked?
It's possible that the Tribunals Service may in any event link the appeals. When I sat as a DLA Tribunal Member this often happened. I do not deal with ESA nor am I able to advise on ESA appeals.

However, all appeals heard for all Social Security benefits should operate under the same criteria as all are now under HM Courts Service.

Nevertheless, I agree with Gordon that you need 'face to face' advice from a specialist lawyer or benefits adviser with good knowledge of cases like yours. We have no access to your case papers, so impossible to give definitive advice.

The easiest way to find if there any advisers in your are is to Google your query and input your post code to bring up a list (if there are any) of the specialist advisers in your area.

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

Please Log in or Create an account to join the conversation.

Moderators: GordonlatetrainBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid