I need help with a DLA appeal hearing i have in a couple of weeks time. i'm just reading the secretary of states submission and at section 5 of,'facts of the case' he talks about a previous decision to refuse DLA , which was upheld by the tribunal on the 18/11/04. client submitted a new claim for DLA on the 20/10/04.
now i don't know if i've got this right but i thought decision makers nor tribunals are bound by a previous tribunals decision. and that this peice of information has no bearing on this hearing as its a totally new claim.
am i right to think this?
or is the DM trying to say the new claim comes within the previous decision date.
can someone point me in the right direction on how to argue this at the tribunal.

I think you're right, and the decision on an earlier claim has no bearing. The Tribunal in November must have been looking at a decision made several months earlier, and should not have considered the claimant's position at the date of hearing.

I would guess that the DWP are simply trying to put the whole history before the tribunal.

thanks keith,
feel better for knowing this.

I further thread to this seems to be happening. I have a couple of appeals where DLA refused on renewal application. I had helped clients win previous awards at appeal also. When new appeal schedules of evidences arrived they contained all the previous claims negative evidence, but none of the evidence that won the appeal or reference too it. In one schedule they state client was first awarded Dla in ,2003 ignoring the fact it was awarded in 2001.
An interesting veiw of balanced decision making or what.

can i bring this one up again ? we've had no appeal sub from dbu yet, but thanks to all who contributed last time.
http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=100&topic_id=1560&mesg_id=1560&page=2