DLA some movement

[Bobby Bunny]

What do you think the chances are that the decision will be favourable.

[Tony F Dordogne]

Realistically, nobody has any idea what the outcome will be.  What is clear is that the DWP have threatened to take the case to the Higher Tribunal if they loose but in the current climate, who knows what they will do.

Additionally, the DWP have already lost this part of their case at previous Upper Tribunals when Judge Mesher ruled that the date of eligibility was the date the benefit was originally awarded, not the reinstatement date which for the majority of us that's 18 October 2007.  So the bit that's currently missing has been awarded at the Upper Tribunal.  Hopefully, the DWP will realise that this element of any appeal will be a no-brainer for the Judge - existing case law will apply - and the missing bit will be reinstated.

BUT, if it does go to the Upper Tribunal, we have no idea which case will go there, the current claimants may decide not to take that part of the fight further and there may be others who have to make the case there.

Bottom line - nobody knows for sure, personally I think it will be reinstated but that can only happen if the DWP roll over on this or they get beaten in Court and don't appeal.  I wouldn't count on the money being in the bank anytime soon. 

[Bobby Bunny]

BTW the dwp are saying they want everything done by end Sep. Does this include all the cases that have appeals outstanding, or are these just the basic reinstatements?

[Tony F Dordogne]

It was the Minister who ordered them to have all the reinstatements completed by the end of September.

The Tribunals and thopse cases are not covered by the order or the work being done by the ExpoTeam they, like us, are still waiting to hear whether the outstanding Tribunal cases are even Lead Cases because the Tribunal hasn't even handed down their decision on that issue yet.

[Tony F Dordogne]

Well, here we go at last, the final round of cases and Tribunals.

So far everybody who should be reinstated have been, back to October 2007 but the DWP are still refusing to sort out the claims for reinstatement from the day of suspension (broadly when people left the UK for another EU country) until October 2007, which includes people who were illegally stopped by the DWP after they were notified that the case was going to the ECJ.  They broke their own rules are are seeking now to justify doing so.

There have a been a slew of Tribunals and whilst we await the results of a couple, the Judge (Judge Martin) threw out the DWPs arguments about those cases being given lead or test-case status and also severely criticised them for the way they have been acting.

The Tribunal Service has now set up a special team to deal with the (up to) 450 cases that will now be appealed as individual cases and people are now receiving their appeal notifications.  There are some technical things about where the Trubunals will be held but broadly, regardless of what it says in the paperwork, you can have the appeal where you want and Ashford seems closest to the Kent coast - we may even organise single days for Tribunals to be heard to deal with many similar cases at the same time.

But, some people will not be able to have their appeals heard until at least May next year because they are claiming the reinststement of the mobility element of the benefit and that is now back with the ECJ, decision expected early next year.  DWP are saying they will appeal everything but I think that on current standards, HMG may just cut their losses and pay out the back money - relatively small beer - rather than incur even higher and more protracted legal costs, which is what they did earlier in the year.

More to follow and I'll be updating this again as and when I can.  And remember that we have the closed Facebook site (closed that is to none approved people, no public access even as a guest) if anybody who is effected by this issue wants more detailed and direct information of advice:

http://www.facebook.com/l/919c1MXQVIDVhJ5fZF-Ej_FzBWQ#!/group.php?gid=117479494959353

[cooperlola]

Well done, Tony and Co.  [B]

[Tony F Dordogne]

Ty Cooperlola, much appreciated.

And today's update:  Just spoken to DLA and yes, those that have registered for an Appeal are all listed for Appeals but they're dealing with each one individually on the grounds that we're now all individual cases because of the Tribunal decision to refuse lead-case status - so that was a double edged sword but hey ho, we're used to that.

So for those people still waiting for Appeal papers, dont worry, they will arrive when your Appeal files are prepared by the DWP and submitted to the Tribunal Service.

And we need to remember that the old ExpoTeam was (in theory) wound up at the end of October when they finished all the reinstatements so we're just more claimants in the main system unless Roger Gale has more information on the administration of the Appeals, email sent to him about this.

[Tony F Dordogne]

If there is anybody reading this who is not on the Facebook site and who may be going to the appeals process for DLA/CA/AA, please send me a pm - one of the other claimants who is already in the system, double appeal for DLA and Carer's Allowance which has been heard and despite the DWP's awful games and delaying tactics, is soon to receive a judgement - is putting together a standard appeals document with the help of a lawyer, which may help claimants in their fight.

[chatsworth]

HelloTony,

First time on here & responding to the tribunal appeal, dla reinstated for the person I look after to 2007 & an appeal to backdate to 2006 when we came to France, I'm awaiting a tribunal hearing for carers alowance to be reinstated & feel all alone with this so it's great to have someone to hold my hand, so to speak. Any advise sharing information would be greatly appreciated. Please let me know if you received the pm. Many thanks & look forward to hearing from you. Cheers Di

[cooperlola]

Chatsworth, Tony no longer contributes to this forum.  However, I suspect that he looks in still and will contact you, but if not, then please pm me and I will put you in contact with the DLA group direct.

[cooperlola]

The latest news is not so good:

http://www.independent.co.uk/news/uk/politics/expats-lose-disability-payout-fight-2279362.html