- Posts: 75
× Members
DLA QUESTION
- Mel B
- Topic Author
- Offline
Less More
11 years 7 months ago - 11 years 7 months ago #112960 by Mel B
DLA QUESTION was created by Mel B
Good evening all
Two questions please.
Concerning my dla claim which is due soon to be heard at appeal
I did have a bad fall after I submitted my claim in May this year although I do understand that on the face of it , it woud not be taken in consideration at the appeal as you advised me some weeks agoand could be a new claim. but if the accident was a ( direct ) result of my medical condition and has made matters worse could I add this to my submission?
The other question.
The registry can not find a disability member to sit on my appeal. What would happen if they cannot find anybody to sit on the panel as it is voluntary. Can they force a member who works for the DWP in the disability dept just to sit on this case?
Many thanks
Mel B
Two questions please.
Concerning my dla claim which is due soon to be heard at appeal
I did have a bad fall after I submitted my claim in May this year although I do understand that on the face of it , it woud not be taken in consideration at the appeal as you advised me some weeks agoand could be a new claim. but if the accident was a ( direct ) result of my medical condition and has made matters worse could I add this to my submission?
The other question.
The registry can not find a disability member to sit on my appeal. What would happen if they cannot find anybody to sit on the panel as it is voluntary. Can they force a member who works for the DWP in the disability dept just to sit on this case?
Many thanks
Mel B
Last edit: 11 years 7 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
Less More
- Posts: 2076
11 years 7 months ago - 11 years 7 months ago #112961 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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 QUESTION
Hi M,
I think we've explained before that the DWP Decision Maker can only take account of how your condition was at your last appeal, as can a different Tribunal.
All DLA Tribunals MUST have three members a Tribunal Judge ( qualified solicitor with at least 5 years post grad experience) a medical member ( normally a GP) and a Disability Member with qualifications in disability assessment and/or being disabled themselves. If there are not 3 members, the Tribunal hearing cannot go ahead.
Tribunals are a Court of Law albeit an informal one, and come under the Ministry of Justice.
There is no way that a DWP employee could sit on a DLA Tribunal, or indeed on any Social Security Tribunal. This applies whether you live on the UK mainland or on the Isle of Man.
Best regards.
Jim
I think we've explained before that the DWP Decision Maker can only take account of how your condition was at your last appeal, as can a different Tribunal.
All DLA Tribunals MUST have three members a Tribunal Judge ( qualified solicitor with at least 5 years post grad experience) a medical member ( normally a GP) and a Disability Member with qualifications in disability assessment and/or being disabled themselves. If there are not 3 members, the Tribunal hearing cannot go ahead.
Tribunals are a Court of Law albeit an informal one, and come under the Ministry of Justice.
There is no way that a DWP employee could sit on a DLA Tribunal, or indeed on any Social Security Tribunal. This applies whether you live on the UK mainland or on the Isle of Man.
Best regards.
Jim
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 7 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Added information.
The following user(s) said Thank You: Mel B
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
11 years 7 months ago #112962 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA QUESTION
Mel
If the fall was the reasonable result of your conditions, for example; you have balance problems, then you can certainly refer to this specific accident in your Tribunal submission, what the panel cannot do is take account of the results of the fall or any deterioration in your condition that it caused, in making their Decision.
As the DWP are a party to the case, as you are, they would not be allowed to supply a member to the panel.
A DLA Tribunal requires three members to be properly convened, a Judge, a doctor and a disability representative.
Gordon
If the fall was the reasonable result of your conditions, for example; you have balance problems, then you can certainly refer to this specific accident in your Tribunal submission, what the panel cannot do is take account of the results of the fall or any deterioration in your condition that it caused, in making their Decision.
As the DWP are a party to the case, as you are, they would not be allowed to supply a member to the panel.
A DLA Tribunal requires three members to be properly convened, a Judge, a doctor and a disability representative.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mel B
Please Log in or Create an account to join the conversation.
- Mel B
- Topic Author
- Offline
Less More
- Posts: 75
11 years 7 months ago - 11 years 7 months ago #112964 by Mel B
Replied by Mel B on topic DLA QUESTION
Thans for advise , sorrry guys I used dwp and I meant the other dept that deals with disabilites cant remember what they are called. The first panel member from that dept removed himself from the panel as I saw him and explained my problems prior to my claim, on the grounds of conflict of interest and now no one is coming forward to sit on my appeal !! How long can this go on for is the question , forever?
Last edit: 11 years 7 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
- Offline
Less More
- Posts: 2076
11 years 7 months ago #112968 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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 QUESTION
It is the duty of the Tribunals Service to find the three members necessary to for a DLA Tribunal.
You could complain to the Tribunal Service and also seek help from your MP in the Isle of Man.
You could complain to the Tribunal Service and also seek help from your MP in the Isle of Man.
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
The following user(s) said Thank You: Mel B
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
11 years 7 months ago #112969 by Gordon
The difficulty is that if the panel is not properly convened it can be challenged on an Error of Law, there was an Upper Tribunal case earlier this year which overturned a number of First Tier cases because the panel was not correct on the day.
Depending on how long you have waited you could involve your MP
Contacting your MP
As last resort you can make a complaint to the Tribunal Service, I would have thought that they could ship someone in from the mainland.
Complaining to the Tribunal Service
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DLA QUESTION
Mel B wrote: Thans for advise , sorrry guys I used dwp and I meant the other dept that deals with disabilites cant remember what they are called. The first panel member from that dept removed himself from the panel as I saw him and explained my problems prior to my claim, on the grounds of conflict of interest and now no one is coming forward to sit on my appeal !! How long can this go on for is the question , forever?
The difficulty is that if the panel is not properly convened it can be challenged on an Error of Law, there was an Upper Tribunal case earlier this year which overturned a number of First Tier cases because the panel was not correct on the day.
Depending on how long you have waited you could involve your MP
Contacting your MP
As last resort you can make a complaint to the Tribunal Service, I would have thought that they could ship someone in from the mainland.
Complaining to the Tribunal Service
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.
Moderators: Gordon, latetrain, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David