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Chasing my son cost of living payment.
- Bubbles67
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1 year 5 months ago #280340 by Bubbles67
Lost DLA appeal was created by Bubbles67
Hello,
I have just received my letter and I only received my result low rate care component and I tried to apply for higher rate for care and mobility. DLA original turned down my son’s DLA with no award, so the tribunal only awarded him low care rate. Please can you advise if I should re-apply for DLA straightaway or should I try the upper tribunal as I feel the panel did not look at the additional evidence from the specialist who also wrote in the document outlining they were in support for my son receiving DLA?
Please can you help me.
I have just received my letter and I only received my result low rate care component and I tried to apply for higher rate for care and mobility. DLA original turned down my son’s DLA with no award, so the tribunal only awarded him low care rate. Please can you advise if I should re-apply for DLA straightaway or should I try the upper tribunal as I feel the panel did not look at the additional evidence from the specialist who also wrote in the document outlining they were in support for my son receiving DLA?
Please can you help me.
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1 year 5 months ago #280348 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Lost DLA appeal
Bubbles67
Forgive me but I am a little confused as to who's DLA award this is as you refer to it as yours and also your sons?
Be aware, DLA Medium Care is awarded for substantial care needs during the day OR night, Higher Rate Care is for substantial care needs during the day AND night.
So when you are talking about appealing for HRC, does the claimant have needs during both periods?
As an award is in place you cannot make a new claim for DLA, if there have been changes to the care needs since the original Decision was made, not the Tribunal, then you can report them and ask for the claimant to be reassessed. This will be a complete reassessment of the claim, new form and some form of assessment.
An appeal to the Upper Tribunal can only be made on the basis of an Error of Law not because you disagree with the Decision, not considering evidence could be considered an Error but you need to show that it was relevant to the Decision and was ignored, not considered and dismissed.
The first stage to this is for you to request a Statement of Reasons from the Judge of the hearing, you should also ask for a record of proceedings. Write to the Tribunal venue where the hearing was held.
Gordon
Forgive me but I am a little confused as to who's DLA award this is as you refer to it as yours and also your sons?
Be aware, DLA Medium Care is awarded for substantial care needs during the day OR night, Higher Rate Care is for substantial care needs during the day AND night.
So when you are talking about appealing for HRC, does the claimant have needs during both periods?
As an award is in place you cannot make a new claim for DLA, if there have been changes to the care needs since the original Decision was made, not the Tribunal, then you can report them and ask for the claimant to be reassessed. This will be a complete reassessment of the claim, new form and some form of assessment.
An appeal to the Upper Tribunal can only be made on the basis of an Error of Law not because you disagree with the Decision, not considering evidence could be considered an Error but you need to show that it was relevant to the Decision and was ignored, not considered and dismissed.
The first stage to this is for you to request a Statement of Reasons from the Judge of the hearing, you should also ask for a record of proceedings. Write to the Tribunal venue where the hearing was held.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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1 year 5 months ago #280352 by Bubbles67
Replied by Bubbles67 on topic Lost DLA appeal
Thank you so much for the information. The DLA was for my 14 year old son. I went to the tribunal on his behalf I submitted new evidence from the specialist consultants 7 days before the tribunal. When I was attending the tribunal and discussing with the panel why I did not agree with DWP reason for not awarding my son, as previously my son was awarded both middle rate for care and mobility. My son condition has not improvered, but has got worse pointing to the evidence to proof that information regarding his condition.
The judge could not find the additional evidence that was submitted 7 days to the tribunal as the administrator’s had not loaded correctly the evidence onto the system correctly. Another member of the panel member had to keep on pointing it out to the judge.
I feel the whole tribunal was unorganised and that’s why I feel my son’s claim was unsuccessful.
The judge could not find the additional evidence that was submitted 7 days to the tribunal as the administrator’s had not loaded correctly the evidence onto the system correctly. Another member of the panel member had to keep on pointing it out to the judge.
I feel the whole tribunal was unorganised and that’s why I feel my son’s claim was unsuccessful.
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- Gordon
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1 year 5 months ago #280355 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Lost DLA appeal
Bubbles67
Did you receive a copy of this additional evidence back from the Tribunal Service to add to your own evidence pack?
Did the panel, probably via the Clerk of the Court, acknowledge receipt of the evidence?
How many pages was the additional evidence? A single page might be accepted on the day, I realise it was sent earlier, but multiple pages can lawfully be rejected by the panel.
You may have a case to ask for the Decision to be Set Aside on the basis of relevant evidence being missing from the evidence pack, this is different from an appeal but it will hinge on the Tribunal Service accepting that the information was received before the hearing.
Your difficulty lies in the Tribunal rules which require the claimant's testimony and evidence be received by the TS within one month of the date on the DWP's letter accompanying their submission. The situation is marred by the TS regularly accepting information later than this.
You should get advice from a Welfare Rights Officer as this is not an area we can offer detailed advice for.
Gordon
Did you receive a copy of this additional evidence back from the Tribunal Service to add to your own evidence pack?
Did the panel, probably via the Clerk of the Court, acknowledge receipt of the evidence?
How many pages was the additional evidence? A single page might be accepted on the day, I realise it was sent earlier, but multiple pages can lawfully be rejected by the panel.
You may have a case to ask for the Decision to be Set Aside on the basis of relevant evidence being missing from the evidence pack, this is different from an appeal but it will hinge on the Tribunal Service accepting that the information was received before the hearing.
Your difficulty lies in the Tribunal rules which require the claimant's testimony and evidence be received by the TS within one month of the date on the DWP's letter accompanying their submission. The situation is marred by the TS regularly accepting information later than this.
You should get advice from a Welfare Rights Officer as this is not an area we can offer detailed advice for.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bubbles67
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- Bubbles67
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1 year 5 months ago #280382 by Bubbles67
Replied by Bubbles67 on topic Lost DLA appeal
Thank you for explaining to detail the additional information. I will seek further help in regards to my options. I did receive the pack from the TS with my additional evidence, but for somehow the panel could not located the extra evidence on the system.
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1 year 5 months ago #280390 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Lost DLA appeal
Bubbles67
This is my opinion and I stress no more than that, but I think the Judge should have adjourned the hearing to a later date when the missing evidence could be added to all the evidence packs, their failure to do so would be Good Cause for a Set Aside of their Decision and a new hearing in front of a new panel.
Gordon
This is my opinion and I stress no more than that, but I think the Judge should have adjourned the hearing to a later date when the missing evidence could be added to all the evidence packs, their failure to do so would be Good Cause for a Set Aside of their Decision and a new hearing in front of a new panel.
Gordon
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