Please can anyone help me with this one!!! It's regarding the same impending tribunal that I did a recent post to about the components.

But, I would like your views on how to use the following situation to my client's advantage...

Claimant on higher mobility and highest care rate DLA since 2003 following brain tumour and stroke. At renewal (completed by claimant's wife). Care component refused. Mobility stayed at higher rate.

Appeal submitted December 2005. I became involved with client in May06 and on contacting DWP they admitted they had failed to pass on to tribunal service and although they could find the appeal the file was missing. The previous claim, the renewal claim and all prior medical evidence mislaid. 10 months on since original appeal, file still missing and other recent papers gone astray within DBU. I'm collecting GP evidence today.

An apology has been raised in the DWP submission papers, but does anyone have any thoughts on how I should aproach this aspect to the client's best advantage.


Many thanks

I see 96 people have looked at your message. I know this is what they may have all thought and you too. I would consider a complaint to the ombudsman and contact the local MP.

Slightly puzled as to what you are looking for in getting "the client's best advantage".

It looks like an open goal - if the DBU do not have any evidence all medical/caring evidence you give (however old) is likely to be overwhelming. Since it is a renewal of the highest rates cannot see what else you can possibly get.

Looks like one of those tribunals that you walk in and walk straight out again (because its a walkover).

Interestingly in yesterdays "News" the DWP claim the average turn around for appeals is 31.8days.Not sure if this is based on working days.NB Bristol DBU rarely turn our appeals in less than 8 weeks usually 10. The funniest claim in the report is reconsideration in 23.4 days Bristol send out letters which state at least 11 weeks and in some cases 15 weeks, maybe under the current re -organisation DLA has been farmed out to Jupiter where the days are much longer than ours. Seriously if your client is legal aidable maybe a Judicial Review may move things on.
P.S. my colleague thinks it maybe part-timers working days.