Whats a reasonable time-frame for a DLA hearing

Steve Donnison wrote:

Hi goldensyrup,

The main reason that not all appeals reach tribunal stage is because the DWP sometimes revises its decsion in the client's favour between an appeal being lodged and a hearing being listed.

An appeal cannot simply be refused by the DWP because they consider it to be baseless unless the claimant agrees to withdraw.

If the DWP think that your appeal is not a valid one - for example you have appealed against a decision not to award you DLA solely on the grounds that income support is not enough to live on so you need more money - but you wish to go ahead anyway, then the matter is put before a full-time judge at the Tribunals service who has the power to strike out an appeal.

So, the reason the DWP put forward arguements even if they think an appeal is hopeless is because they have no choice but to do so.

Good luck,

Steve

Hi Steve,

Thank you for your answer. My trouble as you probably know is all due the fact that I applied for DLA as a new claim after I moved to Spain. So this is what is causing all the hold-ups and trouble.

There was a regulation put in place that reads

Council Regulation 1408/71

I quote "Where the granting of a disability or invalidity benefit covered by paragraph 1 is subject, under the legislation of a Member State, to the condition that the disability or invalidity should be diagnosed for the first time in the territory of that Member State, this condition shall be deemed to be fulfilled were such diagnosis is made for the first time in the territory of another Member State. The past presence criteria also relates to new claims where the UK remains the competent State.

Council Regulation 1408/71 Article 17a (9)

"Special rules concerning recipients of pensions due under the legislation of one or more Member State"

Further, for the purposes of these Regulations INCAPACITY BENEFIT is regarded as a pension and I choose to be subject to the legislation on one member state only, namely the United Kingdom. This is also further enunciated in the new social security coordinating Regulation 883/2004

I have been in receipt of LongTerm Incapacity benefit from the UK since 1996 and my DLA is based on the same medical problem, so this is partly my argument, WHEN, my appeal eventually goes to appeal.

These are another two Regulations that are appropriate to my case

“And as the UK are also still refusing to recognise Community law with regard to their unlawful imposition of their past presence 26/52 week rule and for that reason the infringement remains on-going against the UK”

and also -

The UK are acting in breach of Article 10a (10) of Council Regulation 1408/71 and now, as May 2010, Article 6 of Regulation 883/2004

I am so sorry if the above sounds confusing to you, how do you think I feel. Also, I am not sure if you know anything about these Regulations.

DO YOU KNOW IF THESE REGULATIONS ARE STILL INFORCE AS THEY WERE WRITTEN BEFORE THE NEW GOVERNMENT WAS ELECTED, AND AS I UNDERSTAND IT, THE NEW UK GOVERNMENT DO NOT WANT A LOT TO DO WITH THE EU

Hope you can give me some insight. This is driving me nuts.

Thank you

AS THEY WERE WRITTEN BEFORE THE NEW GOVERNMENT WAS ELECTED, AND AS I UNDERSTAND IT, THE NEW UK GOVERNMENT DO NOT WANT A LOT TO DO WITH THE EU

Actually, the coalition government that's newly taken office is just as pro-EU as its predecessor - perhaps even more so (if that's possible).

Anyone got any suggestions to my last post????

Hi goldensyrup,

I'm no expert or anything but from what you write, its the fact that your condition was diagnosed prior to you moving to Spain that seems to be your main argument and you feel that because you have been in receipt of LT Incapacity then this should stand in your favour and support your claim that the condition was diagnosed prior to your move to Spain.

So like you say, it was diagnosed and you have been in reciept of incapacity for a long time so in that respect IMO you are safe in your argument. BUT,

See how it breaks the two benefits down, disability or invalidity I think they have covered themselves by doing this. They dont state that the condition should be diagnosed, but that the disability or invalidity should be diagnosed, if it had of said the condition must be diagnosed I think it would have been a lot easier for you, but because your actual disability(for DLA purposes) has'nt been diagnosed before your move they could argue this.

They could use the argument that someone can be entitled to incapacity benefit and not DLA and vice versa. And they could also use the argument that if they cant obtain enough info on your form or from your own medical evidence and they need to have an EMP assess you, how can they do this if you are somewhere else.

The DWP are renowned for twisting the rules not on just the more complex cases like your own but also simple straight forward claims for DLA, thus the tribunals.

I dont want to deflate you with my opinion but I know that its helpful on a forum to get others views.

Wish you all the best and hope they contact you like they have agreed.

Kathy x

Hi goldensyrup,

I'm afraid the answer is that I have no idea if those regulations are still in force, it's just not an area I know anything about.

The only thing I would say is that the election of a new government is extremely unlikely to have had any effect at all as yet - they really haven't had time to start repealing or opting out of anything.

Good luck,

Steve

Steve Donnison wrote:

Hi goldensyrup,

I'm afraid the answer is that I have no idea if those regulations are still in force, it's just not an area I know anything about.

The only thing I would say is that the election of a new government is extremely unlikely to have had any effect at all as yet - they really haven't had time to start repealing or opting out of anything.

Good luck,

Steve

Hi Steve,

So I assume the Regulations are still worth mentioning in my appeal?