Discussion archive

Top Decision Making and Appeals


Topic Author Last updated date Replies Views
Appeals lapsing
I have had a couple of appeals recently in which Reg 30 D&A regs/s9(6) SSA has been applied in a most annoying way. In the first case, the appeal had
Ian_Miller02-Apr-04 02:56 PM
by keith venables
2474
refugees - decision needed
i'm pretty sure i read a court or commissioner's decision fairly recently about the 28 days starting from the issue of the Home Office letter where th
jj31-Mar-04 02:01 PM
by Andrew_Fisher
4484
eight new "march 2004" cmmrs decisions
summaries of eight new "march 2004" cmmrs decisions are now available from the [a href="http://www.rig htsnet.org.uk/cgi-bi n/publisher/display. cgi?1715
shawn26-Mar-04 03:51 PM0446
CSA/68/89, CDLA/2364/95, CDLA/14696/96
I'm looking for the following, CSA/68/89, CDLA/2364/95 and CDLA/14696/96. Fax No 01226 287269 Most greatful for any help. Thanks
sjm170826-Mar-04 11:37 AM
by sjm1708
5639
Incapacity medical - duration ruled to be a relevant fa...
We've just received a decision of Commissioner Parker (CSIB/69/03), which I'm about to post to Shawn Mach for publishing on RightsNet. With regard to
Steven24-Mar-04 02:34 PM
by Kevin_H
61124
Failure to disclose
There is no failure to disclose if a claimant has been misled by a benefits officer into thinking s/he did not need to report a fact. If a claimant
suewelsh24-Mar-04 02:14 PM
by Emmab
3789
summaries of nine new cmmrs decisions
summaries of nine new cmmrs decisions are now available from the [a href="http://www.rig htsnet.org.uk/cgi-bi n/publisher/display. cgi?1715-0104-6214+s wo
shawn23-Mar-04 04:03 PM0447
Late appeal to commissioners
Hello, does anyone have any advice about a case where someone has not only missed the one month deadline for requesting LTA against a tribunal decisio
Sarah19-Mar-04 11:14 AM
by Sarah
4669
Admissability of evidence and role of Presenting Officers
Would be grateful for any Commissioner's decisions (or other caselaw) governing: 1) Use of statements taken by DWP fraud staff for criminal proceedin
Neil Bateman19-Mar-04 09:10 AM0530
taking an oath
Just a quick question, can an appeal tribunal make an appellant/witness take an oath and if so from where do they get they authority to do so.
sarahb18-Mar-04 07:48 AM
by sarahb
2680
CIS/2627/1995
If anyone has a copy of this decision relating to deprivation of capital, i would be grateful if you could fax me a copy. My fax no. is: 0161 234 3
PaulMacklin16-Mar-04 12:50 PM
by jean
4684
summaries of ten new cmmrs decisions
summaries of ten new cmmrs decisions are now available from the [a href="http://www.rig htsnet.org.uk/cgi-bi n/publisher/display. cgi?1715-0104-6214+s wop
shawn15-Mar-04 04:11 PM0612
Incapacity Appeal where claimant has high mob DLA
Claimant has high mobility DLA for a physical problem. Appeal has been adjourned three times. First 2 times i requested previous medical reports icl
chris white14-Mar-04 08:36 PM
by ruth
1600
Dept not requesting GP Factual Reports or EMP examinati...
Is anyone else experiencing this problem? Recently the DWP have been flatly refusing to award claimants DLA without using any medical evidence to sup
Kevin12-Mar-04 05:02 PM
by jj
5848
EMP's report and appeal
Just inherited an appeal and the hearing is next week. The decision maker put a lot of emphasis on the EMP's report (how surprising!). I am not happy
carol11-Mar-04 11:02 AM
by carol
3727
late claim - can anyone remember...?
i have a tribunal coming up next week, and sloshing round in the old grey matter is a vague memory of a commissioner's decision which could come in h
jj11-Mar-04 09:07 AM
by jj
2620
Public holidays not taken into account when calculating...
A recent Court of Appeal decision has found that public holidays cannot be taken into account when calculating the number of hours actually worked by
jean09-Mar-04 01:41 PM0507
Hinchy decisions
Can anyone signpost me to, or fax me copies of, the full Commissioner's and Court of Appeal decisions on Hinchy? My fax no is 0141-552 0886. Thank
Lorraine09-Mar-04 11:33 AM
by Lorraine
2690
legality of faxed appeals
Advice projects may have recieved notice that in February the Adjudication and Constitutional Issues Office issued guidance to all DWP offices that s
chris white05-Mar-04 02:20 PM
by Steven
1699
Setting Aside
I have a client who has a mental health problem and was getting transitional invalidity benefit. He failed the personal capability test and this was
Danny Murphy02-Mar-04 11:10 AM
by Danny Murphy
4761
Income Support Commissioners Decisions
Can anyone help us locate the following Scottish decisions: CSIS/76/1991 and CSIS/100/1993. Your help would be much appreciated. Contact: Fran eithe
franrobinson01-Mar-04 02:27 PM
by franrobinson
1661
Social Policy - merits of appealing CD to C of A.
I am unsure whether this is a sufficiently adverse ruling that it merits an appeal to the Court of Appeal, or would be granted leave. Help/opinion s a
Bernard27-Feb-04 12:25 PM0651
Dyer v. Watson [2002] 3 WLR
This is referred to all over the place as having a discussion of remedies available in cases where there has been a failure under Art6(1) HRA to give
Martin_Williams18-Feb-04 09:34 PM
by shawn
2804
Time limits for applying for Reasons for Decision
Hi all, I have a client who had her tribunal heard and lost on 4th Nov 2003. Her rep at the time made a setting aside application on 19th Nov 2003,
Big Lee17-Feb-04 02:10 PM
by Big Lee
2737
Living together as husband and wife.
I have a very complex case regarding the above and a very large amount of potential overpayment if I do not get this right. (£30,000) I am not over
daglrock06024616-Feb-04 11:29 PM
by kev
2986
CIS/2057/1998
I have been unable to find a copy of the above decision on the net. If anyone has a copy of this decision, I would be extremely grateful if they
Debra13-Feb-04 02:55 PM
by Debra
2675
Gillies - is there an appeal?
I have 3 cases which were stayed at commissioners pending Gillies - 2 of them can probably be sucessful on other grounds but the other grounds in the
Mike-rob13-Feb-04 01:57 PM
by L Oliver
1778
reps
does any one have useful decisions that may show a client has a right to be represented by a rep of their choice and if they are not available for a p
jav10-Feb-04 01:44 PM
by jav
3941
Expedited appeal hearings
Does anyone have any experience of getting appeal hearings expedited on health grounds? I managed this years ago, but nothing recent - so completel
Amyswinn10-Feb-04 01:00 PM
by Amyswinn
2714
CIB 5757/1997 Migraines & PCA
Anyone got a copy? I want one to send to a Commissioner. Thi s is in Bonner 2003 (p 774) but not on new or old Cmmsnrs websites. My fax: 0161
Bernard09-Feb-04 02:24 PM0657