Discussion archive

Top Decision Making and Appeals


Topic Author Last updated date Replies Views
Admissability rules for appeals
Hi I repersented a client in an Incapacity Benefit appeal today. The chair warned me after making a remark that the clients daughter helped with
iut04404-Jun-08 03:47 PM
by jimmckenny
81186
Validity of appeal tribunal basing decision on guilty plea in criminal case
We are repping a gentleman in an issue of DLA overpayment. In a related criminal trial, he pleaded guilty to failure to the department of a change of
jhm03-Jun-08 07:22 PM
by s.ennals
41014
Best decision ever?
From a letter sent to my client by the local Benefits Delivery Centre: "We have looked at the facts and evidence we used to make our decision. As
keithven30-May-08 01:06 PM
by Kevin D
4935
Commissioners website - taken down?
Can anyone confirm if the Comms website has been taken down, or provide a new link? I have been unable to access this site for the past week. I se
PaulMacklin29-May-08 10:43 AM
by shawn
3820
Commissioners appeal
My client has just been refused leave to appeal by the commissioner, and I feel inclined to take the case further. I just don't know if or how I can.
Rosessdc17-May-08 08:35 PM
by ariadne2
1847
SoS DUTY TO PRODUCE PREVIOUS DECISION AT APPEAL
I have always understood, without ever really needing to know why, that the SoS must produce at appeal a copy of the decision under appeal. Can anybo
BrianSmith16-May-08 10:37 AM
by Kevin D
4880
tribunal practice
Our client, who has mental health problems, had a DLA appeal oral hearing scheduled for an afternoon. In the morning of the day of the hearing we re
Ruth_T08-May-08 12:45 PM
by nevip
61140
Commerical Agreement, re-hearing of an appeal
Hello I hope someone ca assist on this one I have a client who lost a tribunal last year, she is renting from her parents and it was deemed that th
SARLOUALD06-May-08 08:00 AM
by SARLOUALD
2800
Re: appeal rights
brain dead and scratching my head...have 3 inter-related questions if any one out there would very kindly give me their two cents worth... 1. if a
jj29-Apr-08 06:18 PM
by jj
91019
Strategy - New evidence to Commissioners?
DLA appeal failed, in midst of appealing to Commissioners, who have suggested a decision they think is justified on facts before tribunal. Sec of S
suewelsh29-Apr-08 11:25 AM
by nevip
7894
Re: Disability Living Allowance reasonable costs purchasing equipment
Hi there Hope someone can offer help on this one, or suggest any relevant Cmm decisions. My client claimed DLA as she is virtually unable to use he
SARLOUALD28-Apr-08 11:47 AM
by SARLOUALD
4850
Re: Right to claim means tested benefit non EEA family member
Hello All I hope someone can advise me on this one, I saw client yesterday, he is from Algeria, has Algerian passport due to expire 2012, in the me
SARLOUALD28-Apr-08 11:46 AM
by SARLOUALD
51356
GP's evidence at appeals
Hi everyone I seem to remember seeing a CD somewhere on Rightsnet concerning appeal members asking to see the letter we have sent the GP asking for
Maggie B28-Apr-08 08:27 AM
by shawn
71282
appeal evidence
I am looking for some guidance regarding appeal evidence in an incapacity case. My client originally went to appeal on the 11/09/2007 and was turned d
dominic25-Apr-08 04:14 PM0546
Authority to act in Commissioner's appeal
Some years ago, as the computer age began to take hold, we heard of a future of paperless offices. Oh dear, how wrong that prophecy was. This mornin
paddyhill18-Apr-08 03:30 PM
by paddyhill
161011
Income Support / appeals
I have a client who has failed his PCA and wishes to Appeal this decision. I have advised about the draw backs of claiming IS (reduced rates & gap
ca18-Apr-08 01:38 PM
by nevip
8807
sTrike out issue
I have a client whose appeal was struck out for not returning the enquiry form. Client has no 'good cause' (mental health, bereavement, life crisis, e
Tony Bowman16-Apr-08 08:19 AM
by Tony Bowman
4696
Motivation relating to Incapacity Descriptors
Hi If a client can concentrate to read a magazine article or follow a radio or televison programme and use a telephone book to find a number but wi
iut04413-Apr-08 06:32 PM
by iut044
8730
higher rate mobility
I am looking for some clarification regarding tribunals interpretation of walking around a supermarket. At appeal yesterday chairman told me that the
dominic11-Apr-08 11:27 AM
by ken
8931
When is a file adequate
We are advising a customer with a very old overpayment 1982-4. We had thought that the dept did not have a proper file but have now been sent the "fil
Ant09-Apr-08 01:21 PM
by Ant
9913
Is it possible to supersede a tribunal's decision?
I am working on an appeal for a profoundly deaf man who asked for a supersesssion on his DLA claim. He was awarded low rate care only after his first
nizam04-Apr-08 02:55 PM
by rob@derbys
51264
Hearsay evidence
At an appeal last week I stupidly remarked to the clerk that some of the evidence was "not worth the paper it was written on". It was a trivial remark
jon04-Apr-08 02:31 PM
by rob@derbys
242911
new briefcase summaries
we've today published 14 new summaries to briefcase - CDLA/2738 /2007 — Lack of explanation for giving a less favourable decision than the one
shawn04-Apr-08 01:01 PM0921
Providing copies of reported decisions
Hi, I have been told off by a chair of a tribunal for quoting from a reported decision but not providing a full copy of it. I was under the impr
iut04403-Apr-08 01:39 PM
by ariadne2
91021
set aside by district chair
Hope someone can help as not come across this situation before. We have a client that was initially on middle rate care and high rate mob. However,
gaynaphelps31-Mar-08 01:45 PM
by gaynaphelps
6913
credibility of claimant's verbal evidence
I'm looking for any decisions which may contradict CIS/12032/1996. The key line in that decision is "......A tribunal......must assess the credibility
pickering27-Mar-08 09:50 AM
by david fernie
4988
Late appeal - lost evidence
I made a late appeal for client who lost PC because she was deemed to be in a civil partnership. Appeal was made and accepted within 13 month period.
Semitone21-Mar-08 12:45 PM
by iut044
91118
Tribunals - conduct (HB/CTB)
I *think* most posters know that the majority of my work is for LAs. However, every now and again, I advise and even rep for clmts. In that context,
Kevin D18-Mar-08 02:49 PM
by nevip
9916
Authroity of tribunal to do revision?
Decision before tribunal is that the claimant is not entitled to DLA as she is not virtually unable to walk. This decision follows a supersession of
paddyhill18-Mar-08 11:56 AM
by claire hodgson
111608
Valid Decision?
This is messy but I am stuck. Client was on IS for self and rwo children plus housing costs (mortgage). IS found out that she had been living with he
Pete Rothery17-Mar-08 04:43 PM
by ariadne2
3781