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1 year 5 months ago #280413 by Bubbles67
Replied by Bubbles67 on topic Lost DLA appeal
I quite agree, the evidence was sent in time. The judge was trying to search for the extra evidence and she became agitated and angry that she could not understand what I was referring too, when cross referencing the evidence to why the DWP refused my son the correct award. I felt this whole ordeal went against me and I knew my son was not going to get what he was entitled to. I felt the judge felt it was more like a burden and hindrance for her, as she had to keep on searching for the additional evidence on her computerised system, at one point the judge accused me that one of the documents was not there, until the other member of the panel had to help her locate it and point it out to her on her computer.
The doctor on the panel referred to my evidence has being late, which was not the case. Claimants are allowed to submit evidence up to 7 days before the trial which I had submitted my son’s evidence 8 days before the tribunal.I feel they had all already made up their mind that they were not going to give my son the correct award, even though I had submitted letters from my son’s specialist consultant, school health plan, which the DWP said there was no school health plan, evidence , an email outlining 1:1 support for my son, which DWP had written that there was no evidence of my son needing 1:1. (I submitted an email from the school SENCO sent to me ,advising me that a 1:1 would be put into place in the classroom for my son) it was also written in the health plan that wa updated on the 09.05.23.
I know the panel did not even bother to look at the additional information. My son specialist consultant had even gone as far to write in the document that they were in “support of my son receiving DLA” as his needs are severe!
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1 year 5 months ago #280436 by LL26
Replied by LL26 on topic Lost DLA appeal
Hi Bubbles67,
I agree with Gordon. If relevant evidence was submitted and the Tribunal did not have this they should have adjourned. I think that you could argue that there was not a fair trial under Article 1 ECHR, and that this infringed rule 37 (2)(b) and or (d) in that it constituted a material irregularity that there was no consideration of an adjournment to consider the missing evidence. This would be especially so if you were unrepresented.

The Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008

Setting aside a decision which disposes of proceedings
37.—(1) The Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision, or the relevant part of it, if—

(a)the Tribunal considers that it is in the interests of justice to do so; and
(b)one or more of the conditions in paragraph (2) are satisfied.
(2) The conditions are—

(a)a document relating to the proceedings was not sent to, or was not received at an appropriate time by, a party or a party's representative;
(b)a document relating to the proceedings was not sent to the Tribunal at an appropriate time;
(c)a party, or a party's representative, was not present at a hearing related to the proceedings; or
(d)there has been some other procedural irregularity in the proceedings.
(3) A party applying for a decision, or part of a decision, to be set aside under paragraph (1) must make a written application to the Tribunal so that it is received no later than 1 month after the date on which the Tribunal sent notice of the decision to the party.


As per above, you need to write in to the Tribunal ASAP to argue that the decision should becset aside. Explain the importance if the missing evidence.

You may be able to seek a kate set aside request if you can show good cause.
I hope this helps.
LL26

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1 year 5 months ago #280536 by Bubbles67
Replied by Bubbles67 on topic Lost DLA appeal
Thank you so much for the extra information it helps me understand it so much clearer.
My poor son went from receiving middle rate for care and mobility to no rate from DWP, to then only low rate care award. This is so upsetting and disappointing, especially all the effort and dedication I put into submitting the additional evidence. I attended the trial with my evidence/documents in the chronological order, so that I was organised. The panel ended up relying on my evidence as they could not find their additional evidence correctly on their computerised system.
I am trying to fight for justice for my son as all the evidence that was Submitted proved that he was entitled to the previous award or even a higher award.
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1 year 3 months ago #282243 by Bubbles67
Replied by Bubbles67 on topic Lost DLA appeal
Good afternoon,
Please can you advised if DWP provided a change of circumstances form for children on DLA. I contacted the DLA child department and asked them to post/send me a change of circumstances form and I have not received it. The DWP sent me other other information in the post relating to my son outcome of his tribunal again, but they did not send me a change of circumstances form. I cannot also located anywhere online.

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1 year 3 months ago #282259 by Gordon
Replied by Gordon on topic Lost DLA appeal
B

I'm afraid there is no Change of Circumstances form for DLA, you can ring them and report the Change or write to them at the address on your child's DLA letters, in both cases make sure you ask for him to be reassessed. The form you receive will be the same one you originally completed.

Gordon

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1 year 3 months ago #282620 by Bubbles67
Replied by Bubbles67 on topic Lost DLA appeal
Thank you so much for your response.

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