DLA Tier 2 tribunal

[seduraed]

my went to a tier one dla tribunal a few days ago and was refused on the grounds that she had not been illl with morbid obesity for 6 months . but the triunal suggested that she should now be able to get the beenfit if she applied now . i want to appeal to a tier two teibunal on the grounds that theyhave changed the reason for refusal from the illness not being liely to last six months to not having been ill for six months. despite the fact taht she has been ill for the last 12 months . does anyone know about the tribunal and how togo about an appeal . :tinysmile_kiss_t4:

[SpringerSpaniel]

Re: DLA Tier 2 tribunal

You need to apply straight away for a written statement of the Tier 1 Tribunal's reasons for refusing the Appeal.

Within one month of the appeal decision you are complainming of, you need to send in a written request to further appeal this decision, giving your Grounds of Appeal and enclosing the statement of reasons (as above).

You can only apply for a Tier Two appeal if there has been an error of law, not that you disagree about the facts. However, if there has been procedural unfairness on the part of the DWP or the tribunal, that is considered 'contrary to natural justice' and is ocnsidered an error of law.

[seduraed]

Re: DLA Tier 2 tribunal

I have still not had the statatement of reasons back from the tribunal. However i have now spoken to our local benefits expert and he believes there has been an error in law . The presidng judge also said that obesity was not a reason to grant DLA a it was a lifestyle choice.
We are re applying next weekend

[SpringerSpaniel]

Re: DLA Tier 2 tribunal

If you are close to the one month time limit for further appeal, put in your further appeal anyway, explaining you cannot send the reasons statement as it hasn't arrived, setting out your case as best you can, and reserving the right to make further grounds of appeal once you have seen the reasons for refusal.