CAB and benefits appeal tribunal...

ohreally

Can someone give an overview of the CAB remit at an appeal tribunal?
I have a DLA appeal hearing scheduled in just over two weeks (i only requested it last Monday) which resulted in a visit to a local cab office. During a short interview i showed the chap at CAB my paperwork,inc the submission, and gave an explanation in terms of where i am and how i got there regarding my original claim and being examined by an Atos Origin examiner etc etc. He then told me that the CAB would be unable to provide someone to speak on my behalf at the appeal hearing and they are really providing a support service and little more. Is this true or may i have misunderstood what i was being told?
If necessary i will present my own case however i would prefer some professional assistance. Do all local councils provide benefits advisers, where else is representation available?

SMC_2

I suspect it is the short notice of the case that means they have no-one available to represent you. Normally the CAB would be able to help you prepare and go with you.

ohreally

SMC wrote:

Normally the CAB would be able to help you prepare and go with you.

Once there,what is the CAB's remit, will they answer questions on the clients behalf and present the clients case or is that beyond the scope of 'representation'?

lil_me

I have known many people to use welfare rights successfully, either search for them on your local council's site or could try a google search 'welfare rights + where you live'. They attend appeals and have a large amount of knowledge and access to informtation on benefits.

Ted_Hutchinson

Welfare Rights finder

Lots of CAB's simply haven't the staff to support at appeals. They do take up quite a bit of "out of office" time as you cannot be certain what time the appeal will actually be heard or how long it will take in total, so for a small office losing one member of staff for a whole half day to help one individual isn't a cost effective use or resources.
If on the other hand they have 3 claimants each with appeals one after the other on one afternoon then it may be worth it as the total "out of office" time would be much the same but spread over 3 claimants it might make more sense.
But do not be afraid of appearing on your own. The success rate for claimant only appeals is (marginally) higher than for Welfare Rights Professionals Representatives attended only and the added advantage of both claimant and rep attended adds a mere 6% to your chances so making sure YOU are there makes the big difference.

SMC_2

ohreally wrote:

Once there,what is the CAB's remit, will they answer questions on the clients behalf and present the clients case or is that beyond the scope of 'representation'?

Yes they can speak on the clients behalf and put the case forward. The client will still get an oppurtunity to speak too.

ohreally

Thanks for that people.
Can i put it to the tribunal that it's only part of the decision I'm appealing or will they insist on looking at the whole decision?

hjb123

When I went to tribunal at the beginning of March I had someone from the Citizens Advice Bureau, who was an ME Support worker who helped me put my case and papers together etc and sent papers and documents off to the appeals service. He also came along to the tribunal with me but the panel wouldnt really let him speak - they just wanted to hear from me, when he tried saying something they said they would rather hear it from me.

Will the CAB not help put your case forward and tell you how things operate etc at the tribunal?

Is there a local support group for the illness etc - if applicable - for instance ME sufferers have ME Groups and these people will have experience of tribunals and may know of someone more to help you.

Can i put it to the tribunal that it's only part of the decision I'm appealing or will they insist on looking at the whole decision?

I should have thought that they will look at the whole decision again even if its only part that you are appealing - though I suspect that they will whiz through the bit that you are fine for!

Ted_Hutchinson

ohreally wrote:

Can i put it to the tribunal that it's only part of the decision I'm appealing or will they insist on looking at the whole decision?

I'm afraid when they confirm the decision they are confirming the whole of the award so they do have to consider the mobility part even if it's only the care part you are contesting. However, as has been said the part you are not contesting may well be taken as read but they would be failing in their duty if having observed you running 200yds across the car park and leaping up the stairs two at a time, they failed to take account of those observations when confirming the high rate mobility part of your award.