2 DLA Question general

Hi All,

Just looking to see if someone could point me in the right direction with 2 dla questions.

1. If someone asks for an oral hearing and then decides to opt for a paper hearing, can the LQM insist on the claimant attending, and if they dont would the case have to go ahead anyway.

2. Taking that it is accepted that a person can have good and bad days, would a regular pattern of bad days be eligable for consideration even if it is not most days a week, but would be quite a lot of bad days taking it over a year.

Any comments on this would be appreciated.

Kathy x

Hi Kathy

I understand that the LQM can insist that an appellant attends but is only likely to do so in rare cases where he thinks it is essential. They do not have the same legal power as criminal courts; an arrest warrant will not be issued for an appellant who fails to turn up to a DLA tribunal. If the appellant fails to turn up to an oral hearing, the LQM can choose to adjourn or proceed with the hearing and in most cases is likely to proceed.

To answer your second question, I'm not knowledgeable about DLA but I would assume the situation is the same as IB/ESA. One bad day a week is the same as 4 a month or 52 a year. The number of bad days a claimant has is not relevant; it would be the average number of bad days per week that would be considered.

For IB and ESA it is possible to score points even if a problem only occurs one or two days a week, but I don’t know the rules for DLA.

Derek

Hi Kathy

If you ask for an oral hearing and cant attend for any reason then i believe right up to the hearing you can change it to a paper hearing and it will still be held at the planned slot. You wont be forced to attend but to be quite honest DLA claims are much more successful if you do attend. My 1st tribunal for DLA was very traumatic as i was having a very bad day, but i attended even though it knocked me for six and i won my appeal unnanimous decision because they see you as you really are.

Hope this helps
Julie

Legally Qualified Members ( now called Tribunal Judges) cannot force an appellant to attend for an oral hearing.

However, if an appellant submits a paper hearing, and the Tribunal Judge thinks the appellant would have a better chance of success at an oral hearing,
they will be invited to attend an oral hearing, but that's all it is, an invitation.
An appellant cannot be forced to have an oral hearing.

As Julie says an oral hearing can be changed to a paper hearing up to the day of the hearing and most likely will be held on the same day.

Derek, a Tribunal is a Court of Law albeit an informal one. Whilst a District Judge cannot issue arrest warrants to compel appellants to attend. They do have the power to force a witness to attend, and a failure to do so would amount to 'contempt of court' unless there was a valid reason for non attendance.

A Tribunal Judge can also require an appellant or any witness to give evidence under oath, or affirmation if the person concerned has no religious beliefs.

However, I'm pleased to say that this power is seldom used.