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Second appeal hearing for DLA after Upper Tribunal
- mommaduck
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11 years 1 month ago - 11 years 1 month ago #120285 by mommaduck
Second appeal hearing for DLA after Upper Tribunal was created by mommaduck
My daughter had an appeal hearing for DLA over a year ago. Myself and my other daughter accompanied her.
The hearing itself was horrific as she was bullied by the panel doctor to the point that all three of us sat there in tears.
The first words out of the doctors mouth was 'where have you parked', answer outside the building. Doctor then said, 'so you have parked illegally', daughter said no I have not, my mother drove me here in her motability vehicle and she is parked legally in one of the disabled bays.
The whole hearing instead of focusing on my daughters disability and illness and how they affect her, was actually about her son (my grandson who is severly mentally disabled)
She was told, that as she is a single parent then she cannot possibly be disabled herself and look after a disabled child.
No amount of trying to reason with the doctor would have her listen. My grandson has a string of carers for his physical care, including both my son and other daughter. He has night carers four time a week as well.
All her medica reports and evidence was ingnored. She was also accused of filling in her own form (she can't hold a pen). I stated that this was not true as I had typed the form and I stated this on the form it'self. I was told to not speak any more!
To cut a long story short, we got a legal aid solicitor who found several points of law that were incorrect and it went to Upper Tribunal who agreed and now a further hearing is going to take place.
The main problem is that her solictor is in another area over a hundred miles away so cannot go with her, but despite requesting a transcript of the original appeal hearing it is not forthcomming.
How can we get a copy of this as time is now very short?
)
The hearing itself was horrific as she was bullied by the panel doctor to the point that all three of us sat there in tears.
The first words out of the doctors mouth was 'where have you parked', answer outside the building. Doctor then said, 'so you have parked illegally', daughter said no I have not, my mother drove me here in her motability vehicle and she is parked legally in one of the disabled bays.
The whole hearing instead of focusing on my daughters disability and illness and how they affect her, was actually about her son (my grandson who is severly mentally disabled)
She was told, that as she is a single parent then she cannot possibly be disabled herself and look after a disabled child.
No amount of trying to reason with the doctor would have her listen. My grandson has a string of carers for his physical care, including both my son and other daughter. He has night carers four time a week as well.
All her medica reports and evidence was ingnored. She was also accused of filling in her own form (she can't hold a pen). I stated that this was not true as I had typed the form and I stated this on the form it'self. I was told to not speak any more!
To cut a long story short, we got a legal aid solicitor who found several points of law that were incorrect and it went to Upper Tribunal who agreed and now a further hearing is going to take place.
The main problem is that her solictor is in another area over a hundred miles away so cannot go with her, but despite requesting a transcript of the original appeal hearing it is not forthcomming.
How can we get a copy of this as time is now very short?
)
Last edit: 11 years 1 month ago by Gordon.
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- Gordon
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11 years 1 month ago - 11 years 1 month ago #120289 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Second appeal hearing for DLA after Upper Tribunal
mommaduck
The forum has just closed for the afternoon, so if you have any questions on the following please post this evening (8-10pm).
If the hearing was a year ago, then I think it very unlikely that you will be able to get this information now.
I assume you are referring to the Record of Proceedings, if you are looking for a full transcript of the hearing, then I would not expect this to exist as most Tribunals only take notes of what happens during the proceedings.
A Record of Proceedings is typically sent with the written Statement of Reasons, some Judges supply it by default, but strictly speaking, it must be requested at the same time as the SoR, which must be done within one month of the hearing.
If it was not previously requested then I would be surprised if one made now would be successful and even if you got the judge to agree and this assumes that they still had the notes, there are no timescales for them to produce a RofP in.
The new hearing will be in front of a new panel and with the exception of a direction on how to avoid the previous panels Errors of Law, they will have no knowledge of what happened in the previous one, so I am not sure what value a RofP of that hearing will be.
The Tribunal will be won by your daughter showing that she meets the criteria for DLA Care and/or Mobility so you should concentrate on that.
Gordon
The forum has just closed for the afternoon, so if you have any questions on the following please post this evening (8-10pm).
If the hearing was a year ago, then I think it very unlikely that you will be able to get this information now.
I assume you are referring to the Record of Proceedings, if you are looking for a full transcript of the hearing, then I would not expect this to exist as most Tribunals only take notes of what happens during the proceedings.
A Record of Proceedings is typically sent with the written Statement of Reasons, some Judges supply it by default, but strictly speaking, it must be requested at the same time as the SoR, which must be done within one month of the hearing.
If it was not previously requested then I would be surprised if one made now would be successful and even if you got the judge to agree and this assumes that they still had the notes, there are no timescales for them to produce a RofP in.
The new hearing will be in front of a new panel and with the exception of a direction on how to avoid the previous panels Errors of Law, they will have no knowledge of what happened in the previous one, so I am not sure what value a RofP of that hearing will be.
The Tribunal will be won by your daughter showing that she meets the criteria for DLA Care and/or Mobility so you should concentrate on that.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.
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