Hi
How long does it normally take the Appeals Tribunal to issue a statement of reasons for deciding to reject a DLA claim? I'm advising a caller who has been waiting over three months.
Thanks
Michelle

How long is a piece of string?

The TAS "President" would have it that 15 days is the appropriate time to wait :-

http://www.appeals-service.gov.uk/565.htm

But it is by no means unusual to wait for three months, or longer. Your caller should phone the Appeals Service to confirm they are dealing with it, and persuade the clerk to move things on a bit, quoting the above.

you should advise your caller to ask for an ex gratia payment of compensation or consolatory payment from TAS in respect of this delay.

Eventually the delay may become such that the tribunal decision may be set aside on that ground alone.

Thanks both for your help, cheers.

I am currently taking a case to Commissioners with part of my arguement being that the 3 month delay in awaiting a Statement of Reasons is unreasonable. I am stating that if a client has a month to apply for a Statement of Reasons but that this can be extended to an absolute limit of 3 months (with good reasons) ... why should the same criteria not apply to Chairs? i.e. Let them provide adequate reasons for Commissioners to assess after the initial month.

In relation to this case a District Chair stated at a Tribunal User group Meeting that 15 working days should be the norm and then proceeded to refuse Set Aside when almost 3 months had been reached !!!

I would certainly ask for a Set side ... you may however find that the Statement appears prior to the Set Aside decision being made ... another thing I have come accross.

Best of luck though.

I am reviving this topic because we are in an unusual situation.

Our client was refused IIDB on the ground that there was "no identifiable incident" which would constitute an industrial accident. She appealed this decision and in March this year a first-tier tribunal granted an accident declaration.

The DWP then requested a Statement of Reasons for the decision. Nearly for months later we are still waiting for the SoR, and meanwhile our client has not been sent for medical assessement.

We know that the Judge has been sent two reminders to produce a SoR, and we have also asked for the matter to be put before a FT Judge. However, we DON'T really want the decision set aside for rehearing by another tribunal.