I went to a DLA appeal with my client on Wed asking for a supersession from LRCC to MRCC. She also gets LRMC but the chair clarified at the start of the hearing that this would not be looked at, which I agreed with. She then spent a good 5 mins aggressively questioning my client as to how she arrived at the building and how she went to work (she walks to both as she lives literally 2 minutes walk from both work and Fox Court, where the appeal was held).

After much head shaking from the panel, they adjourned for five mins and when we came back in, we were told that the panel thought she shouldn't be getting any DLA at all and that we could either withdraw the appeal or they would ask for an EMP report and implied that it would not be very favourable.

We bid a tactical retreat there and then but having thought about this over the last few days, I am appalled at how we were treated. I shall be making an appeal to the Commissioners about this but was also thinking about complainging about the conduct of the panel, as they were very aggressive in questioning her and complained vociferously about the extra page of medical evidence that I brought along to the appeal (having only received it that day).

Would it be worth complaining or would it cause problems if I had to face the same chair again? Also, who would I complain to?

Thanks

It appears that the 'Tribunal have misdirected themselves in law. They should have told you at the start of the hearing that they were considering removing the whole of the award. You should have then been given the opportunity to take further instructions from your client.

Did you withdraw the appeal then?

If so, to open up the case again you can write to the DBC and ask for a late appeal. Giving the grounds for the late appeal as the circumstances that happened at the 'Tribunal

We did withdraw the appeal as I thought discretion was the better part of valour. My client isn't particularly keen on another appeal after this experience but I'll have to try and convince her as I think she's got a good case.

Thanks for the advice

Leo-

No appeal possible to the Commissioners if you withdrew the appeal- by withdrawing you have created a situation where there was nothing for the tribunal to give a decision on. No tribunal decision = no appeal to the Commissioner.

The possible approaches for pursuing this are now:

1. Re-appeal the decision as suggested. Grounds for lateness may be tricky but can also use "reasonable prospects of success" grounds. Can only do if within 13 months of original decision still.

2. Maybe a good idea to make a further supersession request (appealing any refusal to supersede) as no guarantee an appeal will be readmitted.

Martin

A scarey aspect to this is how would they know what the outcome of the EMP visit would be, before you progress a complaint you should request a copy of the Chairmans notes as they may support a complaint and possibly a request for a late appeal

If the tribunal has behaved badly then you should complain to the Regional Chairman Your complaint will be taken seriously and investigated. From what you say it is something that should be taken further.

Realising it is rather late in the day since your posting you may have the answer you were seeking. However in case you don't you may want to check out R(IS) 5/94 if you have not already done so.