DLA Tribunal Madness!

Hello everyone, I haven’t posted on here for a while, but am hoping someone with some knowledge may be able to help me with a dilemma which is causing me to tear out my hair in frustration at the moment! I will try to explain the situation as efficiently as I can. Please excuse the length of this post!

I applied for DLA for my son back in February this year – due to an inaccurate report by my son’s headmistress, my claim was refused of course. I went through all the necessary procedures, asking the decision maker to look at the decision again, sending in more supporting evidence etc, etc. Turned down again. As I am confident that I have a very strong case, I decided that I would take the case before the tribunal. I got in touch with a benefits advice centre and got a representative, who is willing to come to the tribunal – he suggested we went for an oral hearing.

I first made contact with the representative in August, submitted all my paper work I had received and he made the submission to the tribunal. I haven’t had much contact with him since apart from a few phone calls here and there – as he has a huge caseload to deal with. I appreciate how busy he must be! I have been submitting any further evidence in my son’s case as I received it both to my representative and the Tribunal Service.

I had a standard letter from the tribunal service saying that my case was not likely to be heard until 25/11/2010 – and if I had not heard from them within a fortnight of this date, I should contact them to see where my appeal position was. I did not hear anything by this time, so I telephoned them as requested, and asked if my case was likely to be heard this side of the year. I was told “absolutely not, we have such a huge backlog of appeals, that you are looking at March 2011 at the earliest.” I asked the lady I spoke with if this was definitely the case, as I would like to visit my family over the Christmas period, but if there was any likelihood of my case coming up, I would obviously not make any travel arrangements.

Again, the lady I spoke to on the phone reassured me that there was NO chance my hearing would come up this year... So, I booked a ticket to visit family in Scotland – and lo and behold, on the 3rd of December a brown envelope popped through my door containing a letter from the tribunal service with a hearing date of the 21/12/2010 at 14.50 – the very same day my flight leaves at 18.00!

After three days of frantic telephone calls to my representative, leaving messages asking him to call me asap – I panicked – rescheduling my travel arrangements to 22/12/2010. I didn’t know what else to do. The next day my representative finally got in touch and told me that he would not be available anyway at that time, it was “too short notice from the tribunal service – after saying that the case would not be heard until March 2011” – agree with him there! He also said he hadn’t had long enough to put a proper case together (hello? He’s had since August????). And that he was on holiday anyway at that time himself.

I called the tribunal service immediately, told them that I had been told my case WOULD DEFINITELY NOT be heard till March 2011 – and that I had since then made travel arrangements to visit my family during this period. I was told to write a letter explaining the exact reasons why I couldn’t make the hearing at this time and then it would be down to the ‘judge’ to decide whether or not I had justifiable reasons for asking for the hearing to be postponed – if he decided I did not, then the case would go ahead in my abscense. I called my representative again and filled him in on this. He said he would write a letter immediately, stating all the reasons – that I had been told on two occasions that the hearing would definitely not be until at least March next year, that I had made travel arrangements to visit my family after being told this. That he was also unavailable.

To give him his due, he did this immediately and I received a copy of the letter he wrote this morning. I called the tribunal service again. I spoke with a lady (remembered to take her full name this time). She told me “Yes we received your representatives letter, but we won’t accept it, as at no point during the letter does the word Postpone occur. Your representative has only stated the reasons why you both are unable to attend, he did not put in writing that he wants the hearing postponed”

So now we have to write another letter, using the word “Postpone” and hope that the ‘judge’ will accept the reasons. My representative has also, for some reason changed his mind after all this time and now suggests we go for a paper hearing instead! I’m anxious and confused about all this and seriously considering whether I should just attend the hearing myself on the 21/10/201 – I am not phased by the thought of going alone and am reasonably competent at arguing my case – I just thought I would get more consistent advice from a qualified benefits advisor . Why has he changed his mind all of a sudden – suggesting a paper hearing instead?
Any help or suggestions would be so much appreciated.

Thanks!

Hi Marie

Don't worry about the long post; I found it interesting.

I know from experience that TS Administration Support Centre are far from reliable, but even I fail to understand how they could have got the hearing date prediction so wrong. You may have been given a cancelled slot, but if that is the case, you should have not been told 'definitively not' until March.

Without intending any disrespect to your representative, who as you say will have a heavy caseload, Tribunals Service is not required to give more than 14 days notice for a hearing. Assuming you received this notice, I don't understand how your representative could claim that it is short notice or expect anything more.

I also think most people would agree that a paper hearing is never preferable in cases where the appellant's level of disability is in question, and questions need to be answered. Unless he has explained why he changed his mind, it's possible that it's convenient for him rather than best for you.

I'm pleased to hear that you have no fears of attending on your own and arguing your case, so your options are to attend on your own, or postpone, and attend with your representative, if he is still willing to attend. Statistically, appellants have a higher chance of success when represented, but that does rely on having a competent rep. An incompetent rep can do more harm than good.

I had a rep that didn't even know how many points are required to pass the PCA, and I'm glad that I disinstructed her and represented myself. But if you are happy with your rep and have confidence in him representing you at the hearing, you may want to consider postponing until he is able to attend.

Although it's not in any way relevant to the appeal and should not be a priority at the moment, you can also make a complaint to Tribunals Service for the way ASC handled your case.

Hope this is helpful

Derek

Thanks for your reply Derek - I tried all day yesterday to reach my Representative, but just got through to his answerphone and he never got back to me.

I think at this point I will go it alone, I re-sheduled my travel arrangements anyway - and after an appointment on Monday with my son's paediatrician - he now has a comfirmed diagnosis of ADHD. That was the main reason my claim was denied initially - there was no diagnosis.

I will pick up the letter from the paediatrician personally and forward it immediately to the tribunal.

I'll let you know how it goes!

Marie72 wrote:

Thanks for your reply Derek - I tried all day yesterday to reach my Representative, but just got through to his answerphone and he never got back to me.

I think at this point I will go it alone, I re-sheduled my travel arrangements anyway - and after an appointment on Monday with my son's paediatrician - he now has a comfirmed diagnosis of ADHD. That was the main reason my claim was denied initially - there was no diagnosis.

I will pick up the letter from the paediatrician personally and forward it immediately to the tribunal.

I'll let you know how it goes!

Hi,

Good luck with the tribunal.

Just a query, did you tick the box on the appeal form that said you would accept a tribunal at short notice?

I know with the recent weather a number of appellants have had to defer their tribunals as they were snowed in hence some short notice 'slots' would become free. Also there are other reasons why tribunal slots can appear at relatively short notice, for example if the appellant cancels their claim/case, or sadly as in one case I know of, the appellant died a few weeks before their tribunal.

As well as forwarding the Paediatricians letter to the Tribunal Service (I would send it Special or Recorded delivery) I would also make a few photocopies of it - at least four - one for each panel member and the clerk - just incase it gets stuck in the system or lost etc. At least you are them ready to hand it to the panel on the day.

Anyhow I hope you are successful.

Pete

No,Pete, I never ticked the box to accept a tribunal at short notice? I remember that specifically. Still can't reach my Rep either!

Guess I will start preparing my case myself today...

Thanks for the replies

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