Is there any chance

Brassedoff

That a couple of sticky s can be put on this forum?

1. ESA Application, medicals, appeals, how to appeal, what is the process and times
2. Blue Badge application and criteria
3. DLA Applications and appeals?

That way the same questions that get asked time and time and time again will already be guided for those who want to ask them. There are many on this board who are more than qualified to write out these sticky s (not me)

rogerblack

Sounds like a reasonable idea - tribunals, ESA, DLA are all pretty commonly asked, and a large fraction of the answers are in common.
If someone can inform themselves of the basics, before going on to ask an informed question - great!

The Tribunals Service.

The tribunals service is an independent appeal body, that you can appeal to if many government departments have made a decision against you.

They look at all the evidence they are presented, the laws that apply, and re-make the original decision.

They can only do what the original decision maker could - they cannot - for example - award more benefit than the law specifies.

If your benefit has been reduced, then appealing with a poor case can put at risk even the reduced award.

Once your case is passed to the tribunals service, the procedure is:

They contact you, and ask if you want an in-person, or a paper review of your case. You should always go for an in-person (in some cases they can visit your home) tribunal, as the success rates are higher.

Several months later, you will get an appointment for a reasonably local tribunal that you need to attend.

Turn up, and it's three or four people sitting round a table, who will ask you questions about your case. They may also decide they don't have enough evidence, and further medical reports are needed. If this happens, you get another appointment.

Once the tribunal has finished their consideration of your case (you may not be informed on the day), you get a letter from the tribunals service outlining their decision.

If you win at this stage, then any benefit you would have been due over the period between the original decision and now is paid.

If either the DWP or you object to this ruling, then they can:

Request a statement of reasons - this gives a more full explanation of the decision.
Apply to have the ruling set-aside, and a new tribunal hear the case. This would be the case if there was a problem with the way the tribunal heard the case, or if it would be unfair.
If the tribunal came to a decision that was wrong in law, for example deciding the case on the wrong criteria, then you can appeal to the 'upper level tribunal'.

This can only be done if there are specific sorts of error - for example, if they hear some evidence, don't believe it, and say why they don't believe it, this is not usually an error. Hearing the evidence, and ignoring it (and not mentioning why they did not on the Statement of Reasons) would be.

The upper-level tribunal hears the case again, and can either make a decision, or refer it back to a first-tier tribunal.

In principle, if the upper level tribunal has come to a decision you (or the DWP) does not like, then it might be requested for this decision to be set aside, or for a Judicial Review.

However, Judicial review is only in practice available if you can find a skilled solicitor to assist you.

Before you go to the tribunal, you should get evidence - as much as you can about your condition on the date of the original decision.
This must be submitted at least a week before your appearance.

formaldehyde_perfume

I agree, there should be a step by step process written of what the options are for BB, DLA and ESA.

moose1982

I think the BB application process part would be too complex at the moment because councils do things in different ways, for example some just want a GP/Consultant to sign the form, while others want an Occupational Therapist to decide. Also the amount they charge is different, some are free and some £2. Add on the fact it will be changing in a few days won't help!

But it is a very good idea though :T

Richie-from-the-Boro

moose1982 wrote: »

I think the BB application process part would be too complex at the moment because councils do things in different ways, for example some just want a GP/Consultant to sign the form, while others want an Occupational Therapist to decide. Also the amount they charge is different, some are free and some £2. Add on the fact it will be changing in a few days won't help!

But it is a very good idea though :T

- they do 'at this moment' but will all act in precise union in just a few months !

Brassedoff

Richie-from-the-Boro wrote: »

- they do 'at this moment' but will all act in precise union in just a few months !

I am just going through the process as mine expires in Feb. I notice on my County Council website this.

• You will be able to apply for a badge online through Directgov

So I suppose it will be through directgov and details sent through to the LA in your area.

Richie-from-the-Boro

Brassedoff wrote: »

I am just going through the process as mine expires in Feb. I notice on my County Council website this.

• You will be able to apply for a badge online through Directgov

So I suppose it will be through directgov and details sent through to the LA in your area.

Until its fully rolled out, no one quite knows how it will work in practice, it will however be something like :

.1. Most LA's will offer a do~it~yourself online or offline application form
Some will do it for you , even as a telephone application

- but all the info you give
- will be collated in area database
- each checked against DWP data etc at the point of application
- then all the collections will be inter~addressable

.2. This will give instant answers to :

- has the applicant applied before
- in which area
- has the applicant applied [ duplicate applications ] in two area's
- is the applicant on a [ 3 strikes and you are out ] 'warning' for previous BB offences
- is the applicant alive or deceased
- is the applicant etc etc

.3. It also means the current three tier system of prosecution will become :

- one tier,most will bring in private contractors for PCNs or FPNs
- they will know instantly if BB fraud is being committed, and;
- suspend the BB instantly from the windscreen etc