Can someone remind me of the point at which an appeal can no longer be withdrawn.

My client has DLA MRCC. She wants HRMC and attended a tribunal (alone). The hearing was adjourned for an EMP report. She has called to see us with a copy of that and the rest of the evidence, our reading of which is that she is rather more likely to suffer a reduction in her CC award than she is to succeed on the HRMC aspect if the appeal is reheard.

Can she withdraw?

Reg 40 D&A regs states an appeal may be withdrawn by the appellant....
at an oral hearing
at any other time before the appeal is determined (This has to be done in writing to the clerk)

She may withdraw the appeal at any time, which would leave her original award intact.....but .....it's now a possibility that DBU will use the EMP report to initiate a review of the exisiting award.

Given the fact that EMP reports by their nature tend to be snapshots of the client's abilities, how does it stand up against any other medical evidence you may have? does it appear to be logical and a reasonable picture of your client, and her own interpretation of her care & mobility needs? Or is it one of those that you can take aprt to the extent that you may be able to convince a Tribunal that it doesn't present a accurate picture.....

This earlier thread may also be of use. Slightly different circs, but nevertheless it may be useful:

www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=106&topic_id=2234&mesg_id=2234&page=