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fran1phil

Dla appeal - errors! - help?

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MY SON (AGED 22); HAD RE-APPLIED FOR DLA (CLAIMING AGAIN); AT THE BEGINNING OF 2011. INITIALLY HE WAS TURNED DOWN FLAT - HE ASKED FOR THAT DECISION TO BE REVSED - NO CHANGE OUTCOME. HE THEN DECIDED TO APPEAL THE DECISION AND WAS EVENTUALLY SENT THE 'PAPERWORK BUNDLE' PRIOR TO THE HEARING - WHICH WAS VAST, AS THEY HAD INCORPORATED INTO THE BUNDLE, ALL THE PAPERWORK HELD ON FILE FOR MY SON (SPANNING OVER APPROX 6 YEARS).

THIS HAD MEANT A GREAT DEAL OF PAPERWORK (RELATING TO PRIOR CLAIMS, WHEN A CHILD! HAD BEEN INCLUDED AND CONSIDERED IN MAKING A DECISION. WHICH MEANT MAKING A DECISION RELATIVE TO AN ADULT, BUT BASED ON MUCH HISTORIC INFORMATION FROM CHILD CONSULTANTS, SCHOOLS AND LOCAL AUTHORITY INPUT - NOT EVEN RELEVANT TO MY SONS SITUATION NOW.

 

HOWEVER, I HAD POSTED THIS SITUATION FOR ADVICE AT THE TIME - THE RESPONSES RECEIVED FROM THE FORUM - INDICATED THAT THE DWP/DISABILITY DIV WERE ENTITLED TO DO THIS?? (SEEMED VERY PECULIAR TO ME, AS WHY CONFUSE MATTERS BY INCLUDING A GREAT DEAL OF IRRELEVANT INFORMATION/DOCUMENTS, WHICH HAD OBVIOUSLY BEEN RETAINED BY THE DWP - from prior claims. But as per your advice, he let this situation ride - without disputing this content.

 

I CANT RECALL THE DATE; BUT A HEARING/DECISION WAS MADE BY THE DISABILITY TRIBUNAL (WITHOUT HIM PRESENT AND HAD TAKEN PLACE A COUPLE OF DAYS EARLIER THAN HIS NOTICE /DATE OF HEARING? THE DECISION TO NOT AWARD ANY DLA TO MY SON- HAD AGAIN BEEN FLAWED; IN THE PROCEDURAL PROCESS MADE BY THE TRIBUNAL AND SEEMED UNFAIR AS HE HAD NOT BEEN GIVEN THE OPPORTUNITY TO PUT HIS CASE FORWARD / OR FOR HIS REPRESENTATIVE TO ATTEND. HE JUST RECEIVED A DECISION NOTICE, IN THE POST (UNEXPECTED):T REGARDING THE TRIBUNAL DECISION.

 

HE INTENDED CONTACTING THE TRIBUNAL; TO COMPLAIN ABOUT THE MATTER AS NOW MEANT EVEN FURTHER DELAYS, IN RESOLVING THE MATTER. BUT BEFORE HE COULD WRITE TO THEM AND QUERY IT; HE RANDOMLY RECEIVED A NOTICE IN THE POST STATING THE DECISION HAD BEEN SET ASIDE AND A NEW HEARING ALLOCATED TO A DATE IN AUGUST 2012?

AT THIS POINT - I KNEW SOMETHING WAS AMISS AND FELT MY CONCERNS ABOUT THE PAPERWORK INCLUDED IN THE BUNDLE WAS LIKELY TO HAVE PLAYED A PART?

 

THE MATTER DRAGGED ON UNTIL A NEW HEARING TOOK PLACE (AGAIN WITHOUT MY SON OR HIS REP PRESENT?!) AND A NEW DECISION MADE ( AWARDING LOW RATE CARE ONLY).

 

HE HAD PREVIOUSLY BEEN ON MIDDLE RATE CARE AND LOW MOBILITY. IT SEEMED UNFAIR HOW THIS DECISION MAY HAVE BEEN REACHED (1) WITHOUT MY SON'S PRESENCE AND (2) WITHOUT HIS REPRESENTATIVE PRESENT TO QUERY THE PAPERWORK AND PUT FORWARD HIS CARE NEEDS VERBALLY.

 

HE THEN WANTED TO APPEAL FURTHER AS THIS WHOLE APPEAL SEEMED TO BE FLAWED, FROM START TO FINISH AND HAD NOW TAKEN SOME 18 MONTHS TO REACH THUS FAR. BUT HIS BEING EXCLUDED FROM GIVING INPUT / FURTHER EVIDENCE.

 

HE PROMPTLY WROTE REQUESTING A STATEMENT OF REASONS, WHICH I BELIEVE SHOULD BE REQUESTED AND PROVIDED WITHIN A MONTH, FOLLOWING THE TRIBUNAL DECISION. A GOOD 3-4 WEEKS HAD PASSED BY AND ALTHOUGH HE HAD RECEIVED ACKNOWLEDGEMENT OF HIS REQUEST, FAIRLY EARLY ON. NOTHING FURTHER WAS FORTHCOMING, SO HE TELEPHONED BOTH THE DISABILITY LIVING ALLOWANCE CENTRE; THEY STATED THEY HAD NO RECORD OF THIS REQUEST AND SAID WOULD LOOK INTO IT ETC AND FOR HIM TO ALLOW A WEEK TO BE SORTED OUT. A GOOD 10 DAYS PASSED AND NOTHING RECEIVED - HE CALLED AGAIN AND WAS GIVEN SIIILAR INFO AND AGAIN FURTHER DOWN THE LINE - THEN EVENTUALLY CONTACTED THE TRIBUNAL DIRECT AND WROTE AGAIN TO BOTH PARTIES - THEN FINALLY, RECEIVED THE STATEMENT OF REASONS, WHICH OVERALL HAD TAKEN A GOOD 3 - 4 MONTHS TO RECEIVE.

 

MY UNDERSTANDING IS THAT ANY FURTHER DISPUTE /APPEAL FOLLOWING A TRUBUNAL DECISION - MUST BE MADE WITHIN A MONTH OF THAT DECISION - HE CAN OF COURSE, OFFER EXPLANATION RE: LATE APPLICATION (WHICH CONSTITUTES YET ANOTHER FLAW IN THIS WHOLE PROCESS!). BUT, WHO SHOULD HE DIRECT HIS REQUEST /APPEAL TO? IS IT THE COMMISSIONERS? IS IT THE CASE THAT YOU NEED TO SHOW, HOW YOUR DLA APPLICATION /APPEAL PROCESS HAS BEEN FLAWED - PREVENTING CLIENT A FAIR TRIAL (HEARING/APPEAL). AM I RIGHT IN THINKING YOU HAVE TO BE ABLE TO SHOW HOW THE DECISION MADE BY THE TRIBUNAL; IS ERRONEOUS IN LAW. OUTLINING THE LAWFUL ERRORS MADE, WHICH HAS BIASED YOUR CASE/HEARING?

 

CAN ANYBODY PLEASE GIVE ADVICE ON PROCEDURE FOR TAKING MATTERS FURTHER, DISPUTING THE LAWFULNESS OF THE ENTIRE MATTER/APPLICATION AND GIVE ME A FEW POINTERS IN 'UNLAWFULNESS' IN SUCH MATTERS. (IE: SOME EXAMPLES OF WHAT MAY BE CONSIDERED AS 'ERRORS IN LAW' - IN RESPECT OF APPEAL TRIBUNAL MATTERS. ALSO PLEASE CAN SOMEBODY CONFIRM, WHO THIS MUST BE DIRECTED TO FOR CONSIDERATION (LEAVE TO APPEAL?) OF FURTHER APPEAL / OR REQUEST DECISION BE SET ASIDE AND A NEWLY FORMED TRIBUNAL CONSTITUDED TO HEAR MY SON'S CASE?

 

ITS ALL A BIT CONFUSING, I AM HAVING TO ASSIST HIM - BUT NOT ENTIRELY SURE OF THE PROCESS AND RELEVANT LAWS SURROUNDING THIS. HE HAS BEEN DEALING WITH THIS FOR WELL OVER 18 MONTHS NOW AND SEEMS THEY WERE DRAGGING THEIR HEELS FROM ONE PROCESS TO ANOTHER - ITS EASY TO LOSE TRACK.

 

SORRY THIS IS SO LONG WINDED BUT ALL POINTS IN THE PROCESS SEEMED RELEVANT, IN ORDER FOR YOU TO GET A GOOD UNDERSTANDING OF THE OVERALL PROCEDURAL ERRORS IN PROCESSING MY SON'S CLAIM. I HAVE NEVER KNOWN A MATTER (FAIRLY STRAIGHTFORWARD) TO RUN ON FOR QUITE SO LONG AND BE SO FLAWED WITH ERRORS.

 

I REALLY NEED SOME HELP IN COMPILING A LETTER - OUTLINING THE ERRORS MADE AND THE GRAVITY OF THE EFFECT THESE HAVE HAD IN MY SONS APPLICATION / AWARD BEING REACHED. THE INITIAL PAPERWORK ALONE SUGGESTS PREJUDICE AND BIAS??

 

PLEASE HELP???????

NADIA

 

:???:

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Please can you edit all the capitals in your post? It's too difficult to read.

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1. Dla Appeal -Errors! -Help?

2. Appealing against tribunal decision /erroneousin law? – advice please?

 

 

My son (aged 22); had re-applied for dla (claiming again); atthe beginning of 2011. Initially he was turned down flat - he asked for thatdecision to be revsed - no change outcome. He then decided to appeal thedecision and was eventually sent the 'paperwork bundle' prior to the hearing -which was vast, as they had incorporated into the bundle, all the paperworkheld on file for my son (spanning over approx 6 years ).

This had meant a great deal of paperwork (relating to prior claims, when achild! Had been included and considered in making a decision. Which meantmaking a decision relative to an adult, but based on much historic informationfrom child consultants, schools and local authority input - not even relevantto my sons situation now.

 

However, i had posted this situation for advice at the time - the responsesreceived from the forum - indicated that the dwp/disability div were entitledto do this?? (seemed very peculiar to me, as why confuse matters by including agreat deal of irrelevant information/documents, which had obviously beenretained by the dwp - from prior claims. But as per your advice, he let thissituation ride - without disputing this content.

 

I cant recall the date; but a hearing/decision was made by the disabilitytribunal (without him present and had taken place a couple of days earlier thanhis notice /date of hearing? The decision to not award any dla to my son- hadagain been flawed; in the procedural process made by the tribunal and seemedunfair as he had not been given the opportunity to put his case forward / orfor his representative to attend. He just received a decision notice, in thepost (unexpected):t regarding the tribunal decision.

 

He intended contacting the tribunal; to complain about the matter as now meanteven further delays, in resolving the matter. But before he could write to themand query it; he randomly received a notice in the post stating the decisionhad been set aside and a new hearing allocatedto a date in august 2012?

At this point - i knew something was amiss and felt my concerns about thepaperwork included in the bundle was likely to have played a part?

 

The matter dragged on until a new hearing took place (again without my son orhis rep present?!) And a new decision made ( awarding low rate care only).

 

He had previously been on middle rate care and low mobility. It seemed unfairhow this decision may have been reached (1) without my son's presence and (2)without his representative present to query the paperwork and put forward hiscare needs verbally.

 

He then wanted to appeal further as this whole appeal seemed to be flawed, fromstart to finish and had now taken some 18 months to reach thus far. But he has being excluded from giving input /further evidence, via an oral hearing (as requested in all paperwork).

 

He promptly wrote requesting a statement of reasons, which i believe should berequested and provided within a month, following the tribunal decision. A good3-4 weeks had passed by and although he had received acknowledgement of hisrequest, fairly early on. Nothing further was forthcoming, so he telephonedboth the disability living allowance centre; they stated they had no record ofthis request and said would look into it etc and for him to allow a week to besorted out. A good 10 days passed and nothing received - he called again andwas given siilar info and again further down the line - then eventuallycontacted the tribunal direct and wrote again to both parties - then finally,received the statement of reasons, which overall had taken a good 8-10 weeks toreceive.

 

 

However, it turned out to be the Statement of Reasons, referringto an earlier decision made by the Tribunal (again my son not notified of andgiven opportunity to attend in person). This decision had been struck out and a new tribunal hearingfollowed. So once again he madecontact, regarding this error and then finally he received the new, relevantStatement of Reasons – dated 13 December 2012. So no dispute as to the time taken for this to be issued, (Tribunalhearing/decision had been 9 Septemer 2012).

 

My understanding is that any further dispute /appeal following a trubunaldecision - must be made within a month of that decision - he can of course,offer explanation re: late application (which constitutes yet another flaw inthis whole process!). But, who should he direct his request /appeal to? Is itthe commissioners? Is it the case that you need to show, how your dlaapplication /appeal process has been flawed - preventing client a fair trial(hearing/appeal). Am i right in thinking you have to be able to show how thedecision made by the tribunal; is erroneous in law. Outlining the lawful errorsmade, which has biased your case/hearing?

 

Can anybody please give advice on procedure for taking matters further,disputing the lawfulness of the entire matter/application and give me a fewpointers in 'unlawfulness' in such matters. (ie: some examples of what may beconsidered as 'errors in law' - in respect of appeal tribunal matters.

Also please confirm, who I should address my letter to? forleave to appeal the Tribunal Decision. (I am using grounds for appealingdecision, in it being erroneous in law: (flawed with errors – in process andapplication of relevant laws in reaching decision?

Theseare the areas I consider might be relevant (errors in law)?:-

(1) original bundle of appeal paperwork, vast involume and date range- ie: from age 15 to current time and therefore much of itno longer relevant?

(2) My son not given theopportunity of attending appeal in person, as requested and therefore thedecision reached had been largely based on assumption and speculation of hiscare and support needs?

(3) huge delays in entireprocess, also resulted in my son’s legal representation being withdrawn – as hehad consulted a law centre to act on his behalf; who since initialrepresentation; lost funding and no longer providing a service to the public.(They had written to the Tribunal advising this fairly early on – stating ifhearing was not going to be within a certain time scale they could notrepresent my son, owing to financial considerations and company folding. (nottaken into consideration by tribunal?).

Its all a bit confusing, i am trying to assist my son inpreparing his case (as legal rep no longer available) also in preventingfurther lengthly delays in appointing new legal representation (as long waitingtime for appointment, having to familiarize themselves with case etc). If I can somehow get application underway toupper tribunal / commissioners, he can then concentrate on finding legalrepresentation.

I am not entirely sure ofthe process and relevant laws surrounding this. He has been dealing with thisfor well over 18 months now and seems they were dragging their heels from oneprocess to another - its easy to lose track.

 

Sorry this is so long winded but all points in the process seemed relevant, inorder for you to get a good understanding of the overall procedural errors inprocessing my son's claim. I have never known a matter (fairly straightforward)to run on for quite so long and be so flawed with errors.

 

 

 

I really need some help in compiling a letter - outlining the errors made and thegravity of the effect these have had in my son’s application / award beingreached. The initial paperwork alone suggests prejudice and bias??

 

I would very much appreciate any advice or example lettersanybody may be able to provide, in order for me to formally request leave toappeal this decision – as soon as possible. Taking into consideration the decision was reached on 9 September 2012and he did not receive relevant Statement of Reasons until 18 December 2012.

Hope somebody can shed some light on this and offer some soundadvice.

ANY HELP MUCH APPRECIATED

 

Nadia Phillips

Edited by fran1phil
to change from upper case to lower case

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I have re typed thread - now more readable . But has appeared as a reply rather than an edit/replace original?

Hope not too confusing??????

Thanks

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When your son's appeal was accepted, he would have received a letter asking him if he wanted an oral or paper hearing. Which box did he tick? If it's paper, it can be decided in his absence.

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How can I delete original thread (ie: thread #1 in upper case)

not sure how to do this and leave the retyped version in tact.

????????????

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How can I delete original thread (ie: thread #1 in upper case)

not sure how to do this and leave the retyped version in tact.

????????????

 

Doesn't matter as can read it further down.


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