Disability Living Allowance in Spain ***WON***

[chloe01]

Erika,

 

Sorry to add, the second interim submission sent by David R Burrage my legal advisor is entitled

Supplementary Interim Submission in the matter of Appeal – xxxxxx – DLA. Notice

of ‘additional evidence’ and request to send papers to the Director of Public Prosecutions

So if Judge Jones from Liverpool Tribunal decides that I am a dependant after reading the two submission from legal advisor, can he make a judgement and overturn the DWP´s decision, or would my case still have to go to a panel tribunal where I believe the DWP have informed the Tribunal that they wish a representative to be present, even though I asked for a Paper Appeal. To add my legal advisor has said that he will attend an oral hearing if necessary.

Hope this makes sense.

Thank you

[ErikaPNP]

The "judge"is a part of the tribunal. It is he who will ultimately make the decision. Though he cannot overturn the DWP decision without all of the evidence, which includes their submission. He requires the evidence of both parties to revise the decision in your favour. Deciding you are a dependent is not enough in itself to qualify for DLA; all of the evidence requires consideration. If your DLA claim has not been considered beyond the question of your being a dependent, then the tribunal (judge) will make a decision as to whether you are, or are not a dependent. If he decides that you are, he will then direct DWP to make a decision on your claim as they normally would (obviously with the dependent issue cleared up)

 

This would be the normal procedure - Though with your case, it might not be that straight forward. It tests an issue which I (and indeed many others) know very little about. Exportability of a new claim. With that in mind, I'd encourage you to consult your legal advisor on such matters - he has far more experience and knowledge on this complex area than I - or anyone else on the forum.

 

I am more than happy to share my knowledge of benefits and tribunals etc to assist people. However I'm not going to try and kid on that I know something I don't, or that your tribunal will follow the "normal" tribunal route - that sort of thing could leave a person in the sticky stuff. Your case is a type that I have not come across before, and the last thing I want is to give you potentially duff advise based on what "normally" happens. Your legal advisor is the best placed person to advise you in regard to your particular case.

 

Either party to the appeal can request an oral hearing.

[chloe01]

The "judge"is a part of the tribunal. It is he who will ultimately make the decision. Though he cannot overturn the DWP decision without all of the evidence, which includes their submission. He requires the evidence of both parties to revise the decision in your favour. Deciding you are a dependent is not enough in itself to qualify for DLA; all of the evidence requires consideration. If your DLA claim has not been considered beyond the question of your being a dependent, then the tribunal (judge) will make a decision as to whether you are, or are not a dependent. If he decides that you are, he will then direct DWP to make a decision on your claim as they normally would (obviously with the dependent issue cleared up)

 

This would be the normal procedure - Though with your case, it might not be that straight forward. It tests an issue which I (and indeed many others) know very little about. Exportability of a new claim. With that in mind, I'd encourage you to consult your legal advisor on such matters - he has far more experience and knowledge on this complex area than I - or anyone else on the forum.

 

I am more than happy to share my knowledge of benefits and tribunals etc to assist people. However I'm not going to try and kid on that I know something I don't, or that your tribunal will follow the "normal" tribunal route - that sort of thing could leave a person in the sticky stuff. Your case is a type that I have not come across before, and the last thing I want is to give you potentially duff advise based on what "normally" happens. Your legal advisor is the best placed person to advise you in regard to your particular case.

 

Either party to the appeal can request an oral hearing.

 

 

Thank you Erika for your reply. Hopefully when this mess is all sorted out, we can all learn something from this whatever the outcome may be. Hopefully it will be a "land-mark" occassion for this website if I do win my case. We shall wait and see.

[ErikaPNP]

Thank you Erika for your reply. Hopefully when this mess is all sorted out, we can all learn something from this whatever the outcome may be. Hopefully it will be a "land-mark" occassion for this website if I do win my case. We shall wait and see.

 

I sure hope we can learn something.

 

Sorry Chloe - I just don't want to give you the wrong advise. Incorrect advise can be damaging in some cases. But hopefully you've managed to get an idea of tribunals.

 

Keep posting - we're all following your thread and where we can answer your questions with fact, we will.

[chloe01]

I sure hope we can learn something.

 

Sorry Chloe - I just don't want to give you the wrong advise. Incorrect advise can be damaging in some cases. But hopefully you've managed to get an idea of tribunals.

 

Keep posting - we're all following your thread and where we can answer your questions with fact, we will.

 

Thanks Erika, your a brick , not literally.

 

I am quite amazed that there is not one other person on this Forum who is not in a similar position as me. And not even you, the best of the best, have not come accross a case like mine. I didn´t know so many people were interested in the outcome of this 3 1/2 year nightmare. I wish I had not had the original Thread removed now as there would have been a START a MIDDLE and an ENDING.

[ErikaPNP]

Thanks Erika, your a brick , not literally.

 

I am quite amazed that there is not one other person on this Forum who is not in a similar position as me. And not even you, the best of the best, have not come accross a case like mine. I didn´t know so many people were interested in the outcome of this 3 1/2 year nightmare. I wish I had not had the original Thread removed now as there would have been a START a MIDDLE and an ENDING.

 

I can reinstate your original thread if and when you are ready - I can even merge it with this one, in timeline order (i.e perhaps once you have a final outcome).

 

A brick? Is that a compliment or an insult?! I've never heard that one before? Is it a Spanish expression?!

[chloe01]

I can reinstate your original thread if and when you are ready - I can even merge it with this one, in timeline order (i.e perhaps once you have a final outcome).

 

A brick? Is that a compliment or an insult?! I've never heard that one before? Is it a Spanish expression?!

 

Your a "brick" is a posh way to say you are a great person. It´s English.

 

Yes, good idea, no problem with reinstating original thread when finalised, so people can read from start to finish.

[chloe01]

CAN ONE OF THE MODERATORS PLEASE LINK THIS UPDATE UP WITH MY PREVIOUS THREADS ON THE SAME SUBJECT.

 

This is an update regarding my DLA claim I made from Spain in 2007, which is due to conclude in October. I have copied and pasted the latest email I received today from the Tribunal Services.

 

If the moderators are able to link up my previous posts then I am sure it will make more sense.

 

I would like any opinions as to why the DWP have decided not to send anyone from the Department to defend themselves. I or my Representative, Mr David R Burrage, will also not be attending. It will make more sense when you read the email below. Thank you

 

Dear xxxxxx

XXXX has written to your representative to tell him that your appeal will be heard during October. When I spoke to you yesterday I was under the impression that you would be attending a hearing and therefore would receive a notification letter from us about the date your appeal would be heard.

 

I have now been informed by XXXX that we have received information from your representative, stating that neither you nor he will be attending the hearing in England of your appeal. As DWP have confirmed that there will not be anyone from the Department attending, Judge Jones has agreed to make a decision on your appeal at short notice during October. I am unable to give a specific date as this will depend on Judge Jones' availability and work load. If we were to specify a particular date for a hearing your appeal would not be heard until late November/December.

 

As soon as a decision has been made you and your representative will been sent a copy of the decision notice.

Edited October 1, 2010 by ErikaPNP
identifiers removed

[honeybee13]

Hello again Chloe. The best way to get your threads merged is to click on the black triangle at the bottom of your post and 'report ' it to the site team. They should be able to organise that for you fairly quickly. Was the thread under Chloe or your other name, btw?

 

HB

[chloe01]

Hello again Chloe. The best way to get your threads merged is to click on the black triangle at the bottom of your post and 'report ' it to the site team. They should be able to organise that for you fairly quickly. Was the thread under Chloe or your other name, btw?

 

HB

 

Do you no what, I have no idea, I think it was under my other name. I´ll click on the triangle and see what happens. Thanks

 

Chloe

[ErikaPNP]

I thought I typed a response to this last night - turns out I didn't submit it!

 

The DWP very rarely send Presenting Officers to Appeal hearings these days, and when they do, they are not there to defend the department; their role is to ensure all the evidence is considered both favourable and unfavourable - in actual fact if there is something which would go in the appellant's favour, the PO is duty bound to draw the Tribunals attention to it, if it is being overlooked. Likewise if the evidence shows that the decision under appeal was incorrect, the PO should submit that the appeal suceed or advise a new decision be made.

 

Where the appellant will not be attending an appeal nor will a representative, the DWP will not send a PO or request an oral hearing unless there is something which they feel only an oral hearing could address.

 

In short, the fact that they aren't sending anyone doesn't really mean anything - they rarely do send PO's these days.

[chloe01]

I thought I typed a response to this last night - turns out I didn't submit it!

 

The DWP very rarely send Presenting Officers to Appeal hearings these days, and when they do, they are not there to defend the department; their role is to ensure all the evidence is considered both favourable and unfavourable - in actual fact if there is something which would go in the appellant's favour, the PO is duty bound to draw the Tribunals attention to it, if it is being overlooked. Likewise if the evidence shows that the decision under appeal was incorrect, the PO should submit that the appeal suceed or advise a new decision be made.

 

Where the appellant will not be attending an appeal nor will a representative, the DWP will not send a PO or request an oral hearing unless there is something which they feel only an oral hearing could address. So it just seems strange that first the DWP are insisting on an oral hearing, and inbetween they receive the 3rd submission from my legal advisor, and now they inform the tribunal they will not be attending.

 

In short, the fact that they aren't sending anyone doesn't really mean anything - they rarely do send PO's these days.

 

Hi Erika,

 

Thank you for your reply. The reason that I assumed someone would be at the hearing was that initially I asked for a paper hearing only as my representative or myself would not be able to attend. But I was advised by the Tribunal that the DWP had requested that it be an oral hearing, even if I/representative was not attending, and that they would be sending a lawyer to represent them. I believe this is due to the fact that my legal representative, Mr David R Burridge (do you know him?), has accused the DWP of "Perverting the Course of Justice" by deliberately covering up all my evidence that would go in my favour and also adding some of their own "made-up" added text to rules that you have to meet in order for them to carry more weight in the DLA´s favour and not mine. He has also requested that Judge Jones from the Liverpool Tribunal send my case to the European Court of Justice. He has made some very serious allegations towards the DWP/Secretary of State. He was initially going to attend on my behalf but he has spoken to the Judge and it was decided that the "expenses" could not be justified as the Judge had everything that he would need to make a decision.

Edited October 2, 2010 by chloe01
added text

[chloe01]

waiting for a reply please from Erika. Thank you.

[ErikaPNP]

I'm not sure what your question is, Chloe?

[chloe01]

Hi Erika,

 

I was wondering why the DWP would not want to be at the hearing as they are being accused of "Perveting the Course of Justice" and the Judge has been specifically asked to send my case to the European Court of Justice.

 

The DWP know my legal advisor very well and as I think I have mentioned before, he not afraid of telling it as it is.

 

The DWP did want an oral hearing to, I assume, defend the accusation of Perveting the Course of Justice, even though like I said, I or Mr Burridge will not be able to attend. But I have now been informed that no one from the department will be attending.

 

Mr Burridge has accused the Secretary of State and everyone under him of some very serious mis-dermenors (I spelt that wrong I think), when is comes to handling my case and due to his background he can not let them get away with it (if you get time please look him up on Google and you will understand the type of person the DWP are dealing with - Mr David R. Burridge. I believe that I mentioned that DWP have added words of their own making to help their submission carry more weight to existing rules that are in place. The DWP have also asked, that if the Judge agrees that I am a "dependant" for the purpose of DLA, then they are asking the Judge to "stay" my appeal so they can gather further medical information. The DWP have had nearly 4 years to ask for this, but have never done so, they only have the 20 odd years of medical evidence that is included in my submissions.

 

I know you said that it is not normally the case now where the DWP would send a representative, but I was informed after all the submissions had been read that they would want to send a "Lawyer" to depend themselves, I just think it is strange that they have now pulled out and just wanted to ask your opinion. As this is not your every day "run-of-the-mill" case, if successful it will be a land-mark for people who have moved from the UK within the EEU and applied for DLA as a NEW CLAIM, as this has never happened before. So the Judge will want to get it right. I believe in my heart that my appeal will be successful and will pave the way for others to follow. I have already had an email from British Expats from a lady who is asking for MY help, as she is in a similar position. I am no way qualified to advise her, I have only picked up stuff along the way. It is Mr Burridge that has done all the work. No lay-person would be able to produce a submission that would stand up to that of the DWP´s.

 

So like I said, I just wanted to know why you think they have pulled out of the hearing, especially as at first I did ask for a paper hearing, then it turned into an oral hearing because Mr Burridge needed to attend to defend the accusations he has made towards the DWP, but now due to a family crises he will not be going, so the DWP asked for an oral hearing even though I/he was not going and now they are not going either. I am sorry if this sound confusing and has probably made your head spin.

 

Thanks for taking the time to read the above and your thoughts, if you are not too confused to have any, would be appreciated

Edited October 4, 2010 by chloe01
added text

[ErikaPNP]

Hi Chloe. I'm afraid that only DWP can answer why they are no longer sending a rep. I can't offer an opinion because it could really be for any number of reasons. Who knows what goes through their minds!

 

It could be because their PO for the case is ill and they cannot get a suitable replacement in time, it could be because they believe the case is strong enough they don't need to clarify anything, it could be because they can't justify the costing. It could be anything.

 

However, if they believe that you are entitled to DLA, they should be performing another review of the decision at DWP and awarding in your favour. They should do this even after papers have been sent to TS if DWP have information which satisfies them to the claimant's entitlement.

[chloe01]

Thank you for your reply. In any case Judge Jones has decided that he will fit my case in when he has the first opportunity this month (October) and will make a decision himself based on the submissions received via my legal advisor and the DWP.

 

So I guess it is just a case of wait and see. I´ve waited nearly 4 years so I guess another few weeks won´t hurt!

[chloe01]

Hi, not sure if I have updated earlier. But with regards to my DLA first time new claim applied from Spain. It will now be 4 years this coming February. Good new is legal advisor (Mr David R Burrage) has sent 3 submission to Tribunal, DLA sent one. I, David can not attend in person and the DLA have also advised the Tribunal that they will not be sending anyone. Anyway received an email from Legal advisor this week. Case has been heard and legal advisor and myself will be receiving outcome of tribunal hearing end of October, so should receive something in post this week. Judge Jones has looked at my case as URGENT because Legal advisor is accusing DWP of Perveting the Course of Justice and has asked the Judge Jones to present my case to the Director of Public of Prosecutions. This is why my case has been classed as urgent. The DWP have hidden all my supporting evidence in their submission and have lie through their teeth regarding my case. So after a very long 4 years, I will know he result. David Burrage is very confident that I will win my case, he is very experienced in this sort of thing and you would not find anyone else better. If I win DLA will be backdated to 2007. So fingers crossed.

[chloe01]

Hi Guys, just a quick update. So it will be 4 years since applying for DLA from Spain. Claim was registered at Tribunal as urgent by Judge Jones after he received the submission written on my behalf by David R Burrage who is writing all my submissions and has accused the DWP of Perveting the Course of Justice with their handling of my DLA claim and that he has asked the Judge for the Secretary of State to be bought before the European Court of Justice for all the deliberate lies, watering down important my supporting evidence, hiding my relevant evidence amongst a 500 page submission. Mr Burrage has totally pulled the DWP´s submission apart and have left them no-where to go. They are now clutching at straws. At the first hearing the DWP decided not to send a representative, and I as well as Mr Burradge were also unable to attend. My appeal was "adjorned" as the Judge requested further "Dependency Evidence". This has all been put together by Mr Burrage and sent back to Tribunal.

 

Just to back-track slightly, the Secretary of State on his first submission had asked the Tribunal that if the Judge found me to be "dependant" then they would like to ask that my case me "stayed" in order to seek further medical evidence. The goal posts have again changed and the DWP have n ow advised the Tribunal in their latest interim submission that they would leave the decision of my medical evidence to the Judge.

 

So now 4 years (almost) down the line a result will be in by or just after the New Year.

[chloe01]

Forgot to say, in the Secretary of States last submission he also wanted to know that I was still attached to the UK via N.I payments. This I thought was a stupid question to the Judge as I have been in receipt of Incapacity Benefit Credits since 1996. So of course the answer is yes. So all the dependancy evidence is covered, ie. signed declaration from bank where mortgage was raised to buy the property, amount outstanding, that payments are up-to-date, property is in both mine and husbands (seperated) names, signed declaration letter from my father indicating that he pays 900 euros a month towards my half of the mortgage plus other allowances for myself and children (with signed receipts), signed declaration from husband that we have seperated, signed declaration from my carer regarding duties and amount she is paid.

 

The Secretary of State had recognised that the UK is my competant state.

[chloe01]

I am not sure if I started a post a long time ago on my fight for DLA as a new claim from Spain. But, in 2007, and now 4 years down the line and many emails, submissions, sub-submissions, phone calls etc it is nearly at an end . It´s been really stressful and mind-blowing, but with the help of a very kind gentleman called Mr David R Burrage who is acting as my legal advisor, Judge Jones is now finally about to make a decision on my claim at Liverpool Tribunal.

 

Would anyone be interested in the outcome of my appeal, as if I succeed, it will be the first ever successful NEW CLAIM to have been APPLIED for after moving from the UK to Spain (or another EU Country), and not just exporting an existing claim from the UK.

 

It is a very exciting time for me and Mr Burrage has great faith in a favourable outcome. All escape routes attempted by the Secretary of State to disallow my claim have been blocked with unquestionable evidence and they have no where else to go. So fingers crossed. Plus DLA will be backdated to February 2007 when I first applied.

 

I will post the outcome on here as soon as I receive it. Hopefully it will help others in similar/same position as me who have already moved to another EU Country and have applied for DLA etc from there and not just exported it from the UK.

 

I would like to know anyones thoughts. Thank you.

[watchinginvestigation2010]

Goodluck. Its hard getting what entitled to in this country at the moment, so must have been a nightmare for you, and yes we are interested in hearing your result, best wishes.

[John Lawyer]

How did your appeal go, no news since Feb?

[John Lawyer]

How did it go?

[John Lawyer]

Any results chloe01