Discussion archive

Top Decision Making and Appeals


Topic Author Last updated date Replies Views
wiles v Secretary of State
http://www.bailii.or g/ew/cases/EWCA/Civ/ 2010/258.html bri efly: whether JR lies against a commissioner's decision to refuse leave to appeal to th
clairehodgson18-Mar-10 08:05 AM
by shawn
1278
RtR decision/appeal - just have to share!
Male client refused IS as lone parent on claim made November '09. Basis of decision is stated to be that he does not have right to reside and the fact
past caring 316-Mar-10 02:18 PM
by clairehodgson
1346
Tribunal decision
Had a tribunal on 1st March which overran so the judge reserved the decision. Still haven't received it and chased TS who haven't got the file back ye
Rosessdc16-Mar-10 01:46 PM
by Rosessdc
4364
DWP attendance at tribunal hearings
I am looking for some Upper Tribunal / Commissioners' decisions commenting on the tendency of DWP to be absent from first tier hearings. If anybody ha
tomr15-Mar-10 03:46 PM
by ros.white
5916
"decisions more advantageous"
Looking for caselaw about "more favourable" decisions and views on the Secretary of States' right to supersede. The case concerns a client appealin
MikeRob13-Mar-10 07:04 PM0266
Disability Premium paid while appealing PCA
I hope this isn't a daft question. I have a client who failed her PCA and so is claiming IS at the 80% appeal rate. However, since then she has been
Herbert11-Mar-10 03:21 PM
by seand
1424
ESA and RTR
Need help with a RTR appeal. Claimant was born in Italy in 1981. Is an Italian citizen. Until approximately six months ago she lived some of her
jimmckenny09-Mar-10 12:14 PM
by jimmckenny
4481
Tribunal service national audit
Hi, I have received a letter from the Tribunal service advising that the National Audit Office has randomly choosen me to take part in a 'Random A
Brian D05-Mar-10 02:45 PM
by p.e.t.e
1381
Statement of Reasons requested by DWP - obliged to implement Tribunal decision in the interim?
Client won his ESA appeal in October 2009, but DWP requested a Statement of Reasons. This has still not been provided and in the meantime DWP has not
nickyswllc05-Mar-10 01:35 PM
by past caring 3
3367
Teixeira and Ibrahim cases in the ECJ
thanks to martin at cpag for alerting us to the advocate generals opinion in each of these (non benefit, but right to reside related) ECJ cases, both
shawn26-Feb-10 08:53 PM
by ariadne2
122689
s 12(8) SSA 1998 'at the time the decision appealed against was made'
Does anyone know whether this is the date the decision was made, or the date the decision was notified? In my case, there is a gap of 4 days. My
AMuller23-Feb-10 09:34 AM
by nevip
2338
Can a set-aside be set-aside?
Had a tribunal some time ago which was unsuccessful. Requested sor, but apparently rop went missing, so the decision was set-aside. After waiting seve
Rosessdc18-Feb-10 12:10 PM
by Dan_manville
1355
ESA tribunal
My sister had a tribunal hearing today re her claim for ESA - on mental incapacity rather than physical problems.. She did not have a rep with her
pipkin17-Feb-10 10:55 AM
by pipkin
4746
Recovery from the estate
Well, this doesn't seem to be covered in the texts so I'm throwing it open to the floor... I've just recevied a sub for cl who's husband passed awa
Dan_manville15-Feb-10 08:54 AM
by Dan_manville
231148
jurisdiction of tribunal for JSA sanctions
Is anyone able to point me towards, or tell me, what scope the Tribunal has, if any, in relation to an appeal against JSA sanctions? eg are they able
southwestlaw212-Feb-10 08:10 AM
by southwestlaw2
2340
re: representatives
Hi guys I am constantly getting frustrated with the tribunals service refusing postponements for clients that have contacted me after lodging their
salma09-Feb-10 03:43 PM
by nevip
1388
Using photos as evidence for a DLA appeal
Hi I am helping a client with a child's DLA appeal for her son. He suffers from ADHD. She has taken a number of photos of her son misbehaving an
iut04409-Feb-10 03:37 PM
by Robbo
7572
Supersession Statistics
Next week I'm going to have the rare pleasure of discussing supersessions of Disability Living Allowance with a group (who will no doubt be sat in r
Robbo04-Feb-10 10:40 AM
by Robbo
2326
Revision and lapsed appeals
Looking for some help on this issue as I can't get my head round it all! Income Support superseded claimant's entitlement in April 2009 on the basi
Big Lee03-Feb-10 03:06 PM
by david fernie
4593
Adjourned appeal to seek advice?
Hi, One of my clients' appeal hearings has just been adjourned so they can "seek further advice and information about the appeal". On speaking with
Ste_Higham03-Feb-10 12:23 PM
by Dan_manville
4370
First Tier Tribunal Direction
Seasons Greeting I have had a FtT decision set aside by a District Tribunal Judge and it’s been sent back for a rehearing. In the DTJ direction
Quinn30-Jan-10 04:00 PM
by Kevin D
51042
Withdrawing lower appeal following successful upper appeal?
Interested in opinion on the circumstances of this case: Cl iro HRm & MRc DLA had his award superseded and reduced to LRm & MRc. The cl appeale
craigavon29-Jan-10 03:41 PM
by Sam Warburton
2326
Late appeals - overpayment cases that have led to prosecution for fraud
Hello I have been dealing with a range of cases where customers have been hit with an overpayment, as a result of fraud investigation. In all case
dabd_uk29-Jan-10 03:38 PM
by dabd_uk
5619
1st tier tribunal delays
We are experiencing increasing delay in listing of cases (on top of increased delay in provision of submissions by JC+ etc). We now advise cases unlik
Peter Turville23-Jan-10 10:06 PM
by AlteredChaos76
141188
My own thoughts on DWP asking for more time to prep sub
Aug 2006 original decision about an overpayment. Delay after delay and adjournments agreed to to allow DWP to prep sub. Nov 07 (late Friday pm)
suelees22-Jan-10 08:52 AM
by suelees
11929
Venue information request
We have had a case referred that has a hearing date of 28th Jan in Reading. Having represented at the Reading venue in the past, until we received a c
Casework team21-Jan-10 02:05 PM
by p.e.t.e
4366
Unfair Adjournment?
Hi- forgive any typos- I'm still fuming. But should I be? I've just had a DLA appeal tribunal adjourned because I questioned the validity of part t
LeeForrest20-Jan-10 03:22 PM
by LeeForrest
2403
appeal against refusal of Leave by a UT Judge
Just noting that Head v SS Commissioner is listed with the Court of Appeal for Thursday this week..anyone aware of whether it will be dealt with (and/
PeteD20-Jan-10 02:01 PM
by david fernie
4607
Late appeal to First Tribunal
Hi there I interviewed a client yesterday who had an IB appeal last year but did not attend (due to depression and anxiety) so she sent a family me
joannah14-Jan-10 03:59 PM0256
17 yr old French National fails HRT/R2R
I have been referred a client who came to Britain from France at the age of 9yrs. She is now 17ys old. She was living with her mother until I believ
Sam Warburton13-Jan-10 10:26 AM
by ros.white
2431