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DLA/Appeal
- Girona
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11 years 1 month ago - 11 years 1 month ago #120026 by Girona
DLA/Appeal was created by Girona
Hi there. Can you tell me if DM is obliged to look at further supporting evidence to your claim after you have asked for an appeal ( DLA Northern Ireland ), or does the fact that you have appealed bring their involvement to an end? Also, when is it " too late " to withdraw an appeal. Thanks
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #120027 by Gordon
A Decision Maker is required to look at any new evidence that the claimant submits in regard to an appeal, however, the reality is that they will not usually give it a proper look at until the week before the hearing, this can result in a revised award being made, but it is relatively rare.
You can in principle, withdraw your appeal at the hearing, but if you do intend to do this then I would try and give them at least a weeks notice, that way they have a chance to fill the slot with another hearing rather than the time being wasted, it's of no value to you, but it may help another claimant get a quicker result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA/Appeal
Girona wrote: Hi there. Can you tell me if DM is obliged to look at further supporting evidence to your claim after you have asked for an appeal ( DLA Northern Ireland ), or does the fact that you have appealed bring their involvement to an end? Also, when is it " too late " to withdraw an appeal. Thanks
A Decision Maker is required to look at any new evidence that the claimant submits in regard to an appeal, however, the reality is that they will not usually give it a proper look at until the week before the hearing, this can result in a revised award being made, but it is relatively rare.
You can in principle, withdraw your appeal at the hearing, but if you do intend to do this then I would try and give them at least a weeks notice, that way they have a chance to fill the slot with another hearing rather than the time being wasted, it's of no value to you, but it may help another claimant get a quicker result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Billy
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11 years 1 month ago #120028 by Billy
Replied by Billy on topic DLA/Appeal
Hi G
Also when you appeal the Tribunal Clerk will send you out a form to sign it will give you 3 options
1/ Withdraw the appeal
2/ Oral hearing where you attend the hearing
3/ Paper hearing, you do not attend, you send your submission and any extra evidence
and the Tribunal will Judge in your absence
Also when you appeal the Tribunal Clerk will send you out a form to sign it will give you 3 options
1/ Withdraw the appeal
2/ Oral hearing where you attend the hearing
3/ Paper hearing, you do not attend, you send your submission and any extra evidence
and the Tribunal will Judge in your absence
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 1 month ago - 11 years 1 month ago #120032 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
DLA in Northern Ireland is NOT administered by the Dept of Work & Pensions, it is done by Dept of Social Development
However, the appeals process is the same throughout the UK.
As others have advised, you can withdraw your appeal up to the day of hearing by informing the Tribunal Service, or just by not turning up, although I wouldn't recommend this since as Gordon had advised your allocated slot could be given to another appellant. Normally, the Tribunal will then treat your appeal as a 'paper hearing' and hear it in your absence. However, from my experience as a retired Welfare Rights Worker and former DLA Tribunal Member, the Tribunal has the power to adjourn your appeal, and ask you to attend.
If this happens, it is a good indicator that your appeal would be successful.
Hope this helps.
If you need further advice just reply to this post and I or one of the other moderators will be pleased to help.
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/Appeal
Girona wrote: Hi there. Can you tell me if DM is obliged to look at further supporting evidence to your claim after you have asked for an appeal ( DLA Northern Ireland ), or does the fact that you have appealed bring their involvement to an end? Also, when is it " too late " to withdraw an appeal. Thanks
DLA in Northern Ireland is NOT administered by the Dept of Work & Pensions, it is done by Dept of Social Development
However, the appeals process is the same throughout the UK.
As others have advised, you can withdraw your appeal up to the day of hearing by informing the Tribunal Service, or just by not turning up, although I wouldn't recommend this since as Gordon had advised your allocated slot could be given to another appellant. Normally, the Tribunal will then treat your appeal as a 'paper hearing' and hear it in your absence. However, from my experience as a retired Welfare Rights Worker and former DLA Tribunal Member, the Tribunal has the power to adjourn your appeal, and ask you to attend.
If this happens, it is a good indicator that your appeal would be successful.
Hope this helps.
If you need further advice just reply to this post and I or one of the other moderators will be pleased to help.
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: 11 years 1 month ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information.
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