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dla appeals Options
Lorraine5
#1 Posted : Sunday, February 06, 2011 6:43:07 PM Quote
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anyone appealing dla paper based tribunal
RichC
#2 Posted : Sunday, February 06, 2011 8:05:37 PM Quote
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Location: Gravesend
Hi Lorraine ,

if it's your own appeal it is better to appear yourself as then any issues or doubts by the tribunal members can be addressed there and then .If there are questions they would have liked to ask and you haven't done the perfect submission of evidence then they might not have any option but to find for the DWP.
Statisticly more people win if they are present.
Either way it is best to get advice and a submission done by a local advice agency prior to the tribunal date .

Have a read and download the leaflet Turned down for DLA or AA?

This is a very good advice sheet (click on the pdf file to download to your computer)

Any problem then don't hesitate to ask :)

Regards
Rich :)
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
jenni_b
#3 Posted : Sunday, February 06, 2011 8:52:14 PM Quote
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hi

the paper appeal, you just do it yourself you just agree to them reviewing the case on paper and then appeal against the decision if it doesnt go your way.

you dont appear before anyone until tribunal at this point, but you might not get as far as tribunal and might win them over with the paper appeal.

Jenni xx
how to be a velvet bulldoser
Lorraine5
#4 Posted : Sunday, February 06, 2011 8:55:37 PM Quote
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i cant go i suffer with painick attacks and deppression got help local help group
RichC
#5 Posted : Sunday, February 06, 2011 9:39:58 PM Quote
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Location: Gravesend
Lorraine
what stage are you at , have you actually appealed ?( within one month of the decision) or asked for a reconsideration? or have you received a form from the Tribunals Service that specifically asks you whether you want an oral or paper hearing ?(if so that has to be back to the Tribunals Service within 14 days). The exact words are important and this does cause confusion.
It makes a big difference , since you only get one shot at an appeal (unless the original tribunal has made an error in procedure etc).
Read the leaflet i directed to you .
Quote from leaflet

"We strongly advise you to ask for an ‘oral hearing’. If you really can't go to a hearing because of your disability, you may be able to get the panel to come to you. You will need a letter from your GP. "

This is very rare , but might be worth a shot.

All relevant info is in the leaflet as to what evidence you need to get etc including keeping a diary.

Rich :)
"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
Lorraine5
#6 Posted : Monday, February 07, 2011 4:09:58 PM Quote
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my tribunal appeal is before may thats all theyve said filled form in sent all medical stuff. ive allready cancelled it once and reinstated. to frightend to go.had reconsidration .apparently both esa and dal being looked at by same people.
RichC
#7 Posted : Monday, February 07, 2011 6:41:48 PM Quote
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Joined: 8/30/2010
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Location: Gravesend

Lorraine
well , both are done by the DWP, and as they are both about what you can and cannot do it is possible they could use a decision on one to suggest that the other needs to be looked at.
However tribunals have frowned upon this being done , and they are totally independent . In some cases they have threatened the DWP with contempt of court for not appearing.

As you seem to have got help in the "real world" , read that leaflet , and follow it's guidance .
Telephone the tribunals Service and ask them for advice on protocol , and the fears you have , as they are very helpful.

DLA is not awarded just because you suffer from a particular diagnosis but on the limitations that the health issues cause with regard to mobility and care.This will be different for each person.
There is nothing stopping you submitting further evidence, including a diary of issues you had, and statements from people who care for you etc . But remember this must be based around the time of the original application and decision.
Any evidence will need to be sent to the Tribunals Service NOT the DWP.
You really need to talk to a welfare rights worker face to face for detailed advice .

Rich

"The difference between 'involvement' and 'commitment' is like an eggs-and-ham breakfast: the chicken was 'involved' - the pig was 'committed'."
jenni_b
#8 Posted : Wednesday, February 09, 2011 1:13:11 PM Quote
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Joined: 12/3/2009
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Location: nr Southampton
oooh I think mine was a "reconsideration" on paper and then in person for the tribunal. I was ever so nervous. but we went and like rich says they are independent and not part of the benefit office.

We won and got money back.
how to be a velvet bulldoser
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