Appeal Process, advice please

unhappy82

Hi,

I have received a no for my first DLA application recently (I was very much expecting this)

I have spoken to a local advice centre and they said the best route to go from here would be to put in an appeal as the decision makers decision would be reconsidered by a different decision maker before the appeal process starts. He advised me that panels who actually see the claimant are more than likely to succeed compared to claimants who don't attend themselves.

I had a visit from my local mental health team and I was talking to them about the fact that I just couldn't attend the appeal process myself (I suffer with depression, Social Phobia and severe OCD) and that the advice worker had told me that I can have someone else go to represent me at the tribunal which would most likely be my care co ordinator.

My care co ordinator who is a CPN didn't like the idea of having to do this as she has never had to do this before.

The mental health support worker who also visited me with the CPN said "okay then what you could do is send the appeal in and if it went to tribunal withdrawal your application as if two decision makers have said no then the odds are that the tribunal panel will also say no as well"

I am not really sure what to do; especially since the Government cutbacks.

Any advice would be much appreciated.

Vicky

unhappy82

For Disability Living Allowance 55.2% of oral hearings were decided in favour of the appellant and only 28.7% of written hearings were successful. 65.2% of hearings where the appellant was accompanied were successful.
(Source DWP Analytical Services Division Quarterly Appeal Tribunal Staistics March 2006

The above stats were interesting to read.

Has anyone attended a hearing with representation?

If so, who represented you and how did you get in touch with these people?

Thanking you in advance for your replies.

Vicky

Tally-Ho_2

Hi,

My brother has just had a DLA tribunal (the result was HRC/HRM indefinitely - up from Low Mobility and no care for 2 years).

He was represented by a chap from the Royal British Legion although I think that maybe only available to ex HM forces.

I have heard CAB or local Welfare Rights maybe able to represent, but it seems a bit hit and miss but worth a try though.

Tally

cit_k

unhappy82 wrote: »

Hi,

I have received a no for my first DLA application recently (I was very much expecting this)

I have spoken to a local advice centre and they said the best route to go from here would be to put in an appeal as the decision makers decision would be reconsidered by a different decision maker before the appeal process starts. He advised me that panels who actually see the claimant are more than likely to succeed compared to claimants who don't attend themselves.

I had a visit from my local mental health team and I was talking to them about the fact that I just couldn't attend the appeal process myself (I suffer with depression, Social Phobia and severe OCD) and that the advice worker had told me that I can have someone else go to represent me at the tribunal which would most likely be my care co ordinator.

My care co ordinator who is a CPN didn't like the idea of having to do this as she has never had to do this before.

The mental health support worker who also visited me with the CPN said "okay then what you could do is send the appeal in and if it went to tribunal withdrawal your application as if two decision makers have said no then the odds are that the tribunal panel will also say no as well"

I am not really sure what to do; especially since the Government cutbacks.

Any advice would be much appreciated.

Vicky

The advice center is giving good advice.

the mental health support worker should be reported to whatever professional body they work under, for giving very very bad advice.

Is this a mental health support worker you see on a regular basis, or was it a one of they saw you, ie did they just come to discuss the appeal issue?

unhappy82

Hi,

Thank you both for your replies.

I have found out that Law Centres and CAB can be restricted by their funders as to whether they can represent someone at the tribunal. A lot of agencies can get money only for helping you to prepare your case only.

The Mental Health Support Worker has visited me since April of this year.

I have complained about the care and treatment that I receive from the CMHT, I went as high as to the Chief Executive. Of course the Chief Executive didn't really help things to change.

The next stage was to appeal to the Health Ombudsman, I really didn't have the fight to change a service which will never actually change.

Vicky