Discussion archive

Top Decision Making and Appeals


Topic Author Last updated date Replies Views
Why are presenting officers less likely to attend Incapacity Benefit appeals than DLA hearings?
Hi I was talking to another adviser today who said that presenting officers were less likely to attend Incapacity Benefit appeals compared to DLA h
iut04417-Mar-08 12:09 PM
by northwiltshire
2647
Whether to accept formal caution
Client has instructed CAB about a DLA overpayment after an iuc. She's been seen walking dog and going into supermarket. Seems she has good grounds fo
suelees14-Mar-08 08:25 AM
by suelees
4902
Overpayment of Pension Credits
I had to share this one , client came in with a overpayment of PCs, I suspect it was o/p whilst waiting for SRP and it wasn't offset before SRP backda
northwiltshire10-Mar-08 02:20 PM
by Essie
1615
After Hinchy
Saw a claimant yesterday who had, the day before, received notification in the post that his DLACC had been increased from low to middle rate. We rang
Derbyshire07-Mar-08 12:35 PM
by Tony Bowman
61012
DLA unrecoverable overpayment appeal re eligibility
DLA have written to client she has been overpaid in error but they are electing not to recover?! Has anyone come across criminal procedings in sim
Toby_L06-Mar-08 09:27 PM
by mike shermer
2560
Commissioner - 'benefits law is the most complex'
Hello, can anyone dredge through their memory for a Com Dec a while back where the Commissioner said words to the effect that benefits law is either v
gcharter05-Mar-08 09:42 PM
by Neil Bateman
151678
No DWP investigation - evidence only based on police interview
I've mentioned this before but don't think this particular issue. I have a husband and wife both claiming as incapable. He was awarded IB and she the
suelees05-Mar-08 01:33 PM
by jj
5802
DLA appeal
I have a hearing imminently for a client who was initially turned down for DLA. On revision she was awarded low care and mobility. We appealed as feel
Rosessdc27-Feb-08 12:27 PM
by Paradoxides
81295
debt recovery
Would welcome opinions on this. Client has ICB overpayment and appeal lodged. DWP making ongoing deductions from benefit without client's agreemen
nevip26-Feb-08 12:00 PM
by nevip
212765
Help for a novice....
Hi - I am a criminal law specialist solicitor and don't normally deal with welfare law but would very much like to help with this one. My 38 year old
Snobunny26-Feb-08 07:40 AM
by 1964
9922
grounds for appeal
I have had an IB appeal treated as not duly made on the basis that it does not contain sufficient grounds. The grounds were minimal in that I simply
Derbyshire08-Feb-08 02:49 PM
by claire hodgson
3836
Appeal won but DWP have refused to pay the money!
I recently represented an A8 worker at an Income Support appeal. She had completed 12 months as a registered worker but had to stop work due to losing
Herbert31-Jan-08 09:44 AM
by ariadne2
31139
How long should to wait for Child Benefit decision
I have a client who applied for Child Benefit for his new child in mid December. He was told at this point that they would make a decision in 8 weeks
christi29-Jan-08 03:04 PM0544
Overpayment recovery
Good morning and happy New Year to all. Client had JSA overpayment due to excess capital. Explanation letter states..."I have checked Mr T's file a
Dave Coughlan08-Jan-08 07:46 PM
by ariadne2
41305
Domiciliary hearings in GP surgery
I've just had a letter from the Tribunals Service saying that they are trying to list one of my appeals in a GP's surgery!!! My client had requested
Maggie B04-Jan-08 04:11 PM
by Sue Davis
81374
PCA appeal on physical descriptors but client now diagnosed with mental health problems.
I have a client who had an ongoing problems linked to complications from a hernia operation. She failed the PCA with 0 points and on the IB50 she stat
Herbert22-Dec-07 03:24 PM
by ariadne2
5878
getting a matter before a tribunal
having been aware that others have in other cases suggested that, where there is substantial delay by the DWP or whoever in getting a matter before th
claire hodgson21-Dec-07 10:30 PM
by claire hodgson
91272
tribunal reform
article on tribunal reform by cmmr bano in latest issue of the Administrative Justice and Tribunals Council's 'adjust' newsletter ... http://www.aj
shawn17-Dec-07 11:21 AM0704
Urgent - CD needed
Hi all, Can anyone point in the direction of a CD criticising the DWP for alleging that documents were sent or given to the claimant, but without b
Tony Bowman12-Dec-07 11:04 AM
by Tony Bowman
5725
Commissioner's Direction
I'm probably being thick here, but I'm not clear what the following Commissioner's Direction means: "include the terms of the decision it is suggested
stevegale06-Dec-07 02:39 PM
by stevegale
2808
DLA appeal against one component whilst in receipt of other
Instead of relying on Article 6 and the rules of natural justice, I was wondering if anyone knows of a Commissioner's decision that states that a Disa
Jean Hart05-Dec-07 01:26 PM
by david fernie
31011
delay in getting an appeal heard
Hi there, Has anyone had success at getting the Tribunals Service to direct that an appeal be heard? I have a case that is 6 months old now - ap
pclc22-Nov-07 09:55 PM
by Kevin D
2786
Is there a duty to reveal unfavourable evidence?
Hi, I am currently helping a client with a DLA reconsideration. I have written to her physio who has sent me a letter saying she does not have any
iut04422-Nov-07 05:07 PM
by past caring 1
2902
RJM / Stec and Means Tested Benefits as possessions
Anybody got any views on whether the concession accepted by the Court of Appeal in R (on the application of RJM) v Secretary of State for Work & P
Martin_Williams16-Nov-07 10:36 AM
by Dan_manville
141935
Mums award threatened at daughters appeal
The daughter has an autistic spectrum disorder - some med evidence held to support middle rate care. Currently on low rate. Mum is main carer. Went to
Kayley Rutland15-Nov-07 07:21 PM
by mike shermer
1854
Rydqvist v Sec of State for Work & Pensions (2002)
Hi, Does anyone have a copy of this decision? Haven't found it on OSSCSC or here. CPAG cites in the footnote for "once an appeal has been withd
AD15-Nov-07 11:00 AM
by AD
3585
tribunals remedying defects in decisions
R(IB)2/04 (tribunal of commissioners)held that generally speaking a revision or supersession decision, however ineffectively expressed, should be rega
wwras14-Nov-07 09:37 AM
by past caring 1
51121
Appeal hearing delay after delay caused by DWP
We're now on a third adjournment with next appeal hearing on Monday. Client overpaid IS because found working. This has already been through court
suelees07-Nov-07 11:36 AM
by suelees
101114
Appeal / criminal prosecution
If the appelant decides that they would prefer to have the a criminal case dealt with before the hearing of an appeal on an overpayment is it generall
Damian05-Nov-07 03:49 PM
by Peter Turville
112018
Admissibility of medical evidence.
The papers for my client's appeal against a PCA decision contain an unhelpful IB113 report from her GP. All references to the name of the GP who compl
Peter Newton05-Nov-07 12:46 PM
by bensup
2753