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Forum Home  →  Discussion  →  Disability benefits  →  Thread

DLA appeal treated as PIP appeal by judge

Lawtcrav
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Halton Disability Advice & Appeals Centre

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Total Posts: 53

Joined: 3 June 2013

A colleague represented at a DLA appeal this morning. Judge informed him that the panel was to be treated as a hearing appeal for PIP and it’s new rules. Despite representations the judge stood firm and the appeal was lost.

As far as I am concerned the judge’s management of the hearing was unlawful. He failed to apply the correct law! In the TAS has suggested considering DLA AWARD during ESA hearing and vice versa!

Has anyone else come across either of the above?

[ Edited: 7 Jan 2014 at 07:37 am by Lawtcrav ]
Miriam M
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DWP , Scotland Benefits Centre

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Joined: 19 September 2013

Request a set aside and/or a written statement that doesn’t sound right .

[ Edited: 9 Jan 2014 at 08:25 pm by Miriam M ]
Tom B (WRAMAS)
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WRAMAS - Bristol City Council

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Joined: 7 January 2013

how bizarre. doesn’t make any sense to me.

Edmund Shepherd
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Tenancy Income, Royal Borough of Greenwich, London

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How odd - may I ask why?

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Joined: 16 June 2010

Co-mingling ESA and DLA appeals is now a no no.  See attachment.  I had one of these not long after the judgement and the judge without equivocation adjourned one of them at the outset of the hearing.

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