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Admissability rules for appeals Hi
I repersented a client in an Incapacity Benefit appeal today.
The chair warned me after making a remark that the clients daughter helped with | iut044 | 04-Jun-08 03:47 PM by jimmckenny | 8 | 1186 |
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Validity of appeal tribunal basing decision on guilty plea in criminal case We are repping a gentleman in an issue of DLA overpayment. In a related criminal trial, he pleaded guilty to failure to the department of a change of | jhm | 03-Jun-08 07:22 PM by s.ennals | 4 | 1014 |
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Best decision ever?
From a letter sent to my client by the local Benefits Delivery Centre:
"We have looked at the facts and evidence we used to make our decision. As | keithven | 30-May-08 01:06 PM by Kevin D | 4 | 935 |
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Commissioners website - taken down? Can anyone confirm if the Comms website has been taken down, or provide a new link? I have been unable to access this site for the past week.
I se | PaulMacklin | 29-May-08 10:43 AM by shawn | 3 | 820 |
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Commissioners appeal My client has just been refused leave to appeal by the commissioner, and I feel inclined to take the case further. I just don't know if or how I can.
| Rosessdc | 17-May-08 08:35 PM by ariadne2 | 1 | 847 |
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SoS DUTY TO PRODUCE PREVIOUS DECISION AT APPEAL I have always understood, without ever really needing to know why, that the SoS must produce at appeal a copy of the decision under appeal. Can anybo | BrianSmith | 16-May-08 10:37 AM by Kevin D | 4 | 880 |
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tribunal practice Our client, who has mental health problems, had a DLA appeal oral hearing scheduled for an afternoon. In the morning of the day of the hearing we re | Ruth_T | 08-May-08 12:45 PM by nevip | 6 | 1140 |
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Commerical Agreement, re-hearing of an appeal Hello I hope someone ca assist on this one
I have a client who lost a tribunal last year, she is renting from her parents and it was deemed that th | SARLOUALD | 06-May-08 08:00 AM by SARLOUALD | 2 | 800 |
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Re: appeal rights brain dead and scratching my head...have 3 inter-related questions if any one out there would very kindly give me their two cents worth...
1. if a | jj | 29-Apr-08 06:18 PM by jj | 9 | 1019 |
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Strategy - New evidence to Commissioners? DLA appeal failed, in midst of appealing to Commissioners, who have suggested a decision they think is justified on facts before tribunal.
Sec of S | suewelsh | 29-Apr-08 11:25 AM by nevip | 7 | 894 |
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Re: Disability Living Allowance reasonable costs purchasing equipment Hi there
Hope someone can offer help on this one, or suggest any relevant Cmm decisions. My client claimed DLA as she is virtually unable to use he | SARLOUALD | 28-Apr-08 11:47 AM by SARLOUALD | 4 | 850 |
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Re: Right to claim means tested benefit non EEA family member Hello All
I hope someone can advise me on this one, I saw client yesterday, he is from Algeria, has Algerian passport due to expire 2012, in the me | SARLOUALD | 28-Apr-08 11:46 AM by SARLOUALD | 5 | 1356 |
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GP's evidence at appeals Hi everyone
I seem to remember seeing a CD somewhere on Rightsnet concerning appeal members asking to see the letter we have sent the GP asking for | Maggie B | 28-Apr-08 08:27 AM by shawn | 7 | 1282 |
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appeal evidence I am looking for some guidance regarding appeal evidence in an incapacity case. My client originally went to appeal on the 11/09/2007 and was turned d | dominic | 25-Apr-08 04:14 PM | 0 | 546 |
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Authority to act in Commissioner's appeal Some years ago, as the computer age began to take hold, we heard of a future of paperless offices. Oh dear, how wrong that prophecy was. This mornin | paddyhill | 18-Apr-08 03:30 PM by paddyhill | 16 | 1011 |
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Income Support / appeals I have a client who has failed his PCA and wishes to Appeal this decision.
I have advised about the draw backs of claiming IS (reduced rates & gap | ca | 18-Apr-08 01:38 PM by nevip | 8 | 807 |
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sTrike out issue I have a client whose appeal was struck out for not returning the enquiry form. Client has no 'good cause' (mental health, bereavement, life crisis, e | Tony Bowman | 16-Apr-08 08:19 AM by Tony Bowman | 4 | 696 |
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Motivation relating to Incapacity Descriptors Hi
If a client can concentrate to read a magazine article or follow a radio or televison programme and use a telephone book to find a number but wi | iut044 | 13-Apr-08 06:32 PM by iut044 | 8 | 730 |
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higher rate mobility I am looking for some clarification regarding tribunals interpretation of walking around a supermarket. At appeal yesterday chairman told me that the | dominic | 11-Apr-08 11:27 AM by ken | 8 | 931 |
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When is a file adequate We are advising a customer with a very old overpayment 1982-4. We had thought that the dept did not have a proper file but have now been sent the "fil | Ant | 09-Apr-08 01:21 PM by Ant | 9 | 913 |
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Is it possible to supersede a tribunal's decision? I am working on an appeal for a profoundly deaf man who asked for a supersesssion on his DLA claim. He was awarded low rate care only after his first | nizam | 04-Apr-08 02:55 PM by rob@derbys | 5 | 1264 |
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Hearsay evidence At an appeal last week I stupidly remarked to the clerk that some of the evidence was "not worth the paper it was written on". It was a trivial remark | jon | 04-Apr-08 02:31 PM by rob@derbys | 24 | 2911 |
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new briefcase summaries we've today published 14 new summaries to briefcase -
CDLA/2738 /2007 — Lack of explanation for giving a less favourable decision than the one | shawn | 04-Apr-08 01:01 PM | 0 | 921 |
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Providing copies of reported decisions Hi,
I have been told off by a chair of a tribunal for quoting from a reported decision but not providing a full copy of it.
I was under the impr | iut044 | 03-Apr-08 01:39 PM by ariadne2 | 9 | 1021 |
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set aside by district chair Hope someone can help as not come across this situation before. We have a client that was initially on middle rate care and high rate mob. However, | gaynaphelps | 31-Mar-08 01:45 PM by gaynaphelps | 6 | 913 |
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credibility of claimant's verbal evidence I'm looking for any decisions which may contradict CIS/12032/1996. The key line in that decision is "......A tribunal......must assess the credibility | pickering | 27-Mar-08 09:50 AM by david fernie | 4 | 988 |
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Late appeal - lost evidence I made a late appeal for client who lost PC because she was deemed to be in a civil partnership. Appeal was made and accepted within 13 month period. | Semitone | 21-Mar-08 12:45 PM by iut044 | 9 | 1118 |
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Tribunals - conduct (HB/CTB) I *think* most posters know that the majority of my work is for LAs. However, every now and again, I advise and even rep for clmts. In that context, | Kevin D | 18-Mar-08 02:49 PM by nevip | 9 | 916 |
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Authroity of tribunal to do revision? Decision before tribunal is that the claimant is not entitled to DLA as she is not virtually unable to walk. This decision follows a supersession of | paddyhill | 18-Mar-08 11:56 AM by claire hodgson | 11 | 1608 |
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Valid Decision? This is messy but I am stuck.
Client was on IS for self and rwo children plus housing costs (mortgage). IS found out that she had been living with he | Pete Rothery | 17-Mar-08 04:43 PM by ariadne2 | 3 | 781 |