I'm loathe to post this as it shows how disorganised I can be, but here goes...

Client asked me to appeal his DLA decision last August. Sent off the letter, got the bundle through a month later, client sent off enquiry form, but then we didn't hear anything. In my defence, I was off sick for a month just after this, but the file got put away and forgotten about. I found it yesterday, phoned client who says that he had a letter through saying that the appeal had gone ahead and the decision hadn't been changed, ie, he still wasn't getting it.

The point is, neither my client nor I received a date for the appeal. I'm assuming it must have taken place last September/October (client doesn't have the letter informing him of tribunal's decision). Am I too late to do anything about it? Or should we just start again?

Did your client definitely indicate on the TAS 1 that he wanted an oral hearing?

When did the client get the decision notice? You may have grounds to apply for a set aside if the notice of the hearing was not received but you may have problems with time limits based on when the decision notice was sent.

For setting aside the time limits are in regulation 57 of the Decision and Appeals regulations an application has to be made within one month but can be extended by a year under regulation 57(6).

In addition you should ask for a full statement again there is provision for an extension but only up to three months from the notification of the decision.(54(1)

The reason you should do both is if your client did not request an oral hearing there may have been material in the papers that should
have led the tribunal to adjourn for an oral hearing, if it was an oral hearing then your appearance as representative in the appeal letter (but perhaps not on the TAS 1) should have led the tribunal to investigate your absence.

There is no reason why you should not submit a new claim and pursue
setting aside?Commissioners. They are not mutually exclusive.