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10 years 1 month ago #119056 by Gordon
Replied by Gordon on topic Appeal

foreverfoggy wrote: Thank you. She is not already on DLA. I am not sure if we have enough medical evidence as I sent a report in at the same time as the atos report and I don't know if that will be enough. Should I mention at the start (if it goes ahead) about the atos report being discredited or shall I assume they have taken it into consideration?


I don't see any harm in drawing their attention to it.

Gordon

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  • foreverfoggy
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10 years 1 month ago #119058 by foreverfoggy
Replied by foreverfoggy on topic Appeal
Thank you for your help. I will let you know what happens. feeling nervous. :S

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10 years 1 month ago - 10 years 1 month ago #119095 by foreverfoggy
Replied by foreverfoggy on topic Appeal
Hi, Daughters case was adjourned but not for medical evidence but to give us time to get a legal rep. I handed in a letter that said I was not a legal representative (template from you site.) the Judge said that as I was her Mother/carer she would be better off having me as a witness and that I should seek a legal representative as this would give her a better change of success. New date is in 4 weeks, now I have to find a rep to help us. :huh:
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago #119097 by Gordon
Replied by Gordon on topic Appeal

foreverfoggy wrote: Hi, Daughters case was adjourned but not for medical evidence but to give us time to get a legal rep. I handed in a letter that said I was not a legal representative (template from you site.) the Judge said that as I was her Mother/carer she would be better off having me as a witness and that I should seek a legal representative as this would give her a better change of success. New date is in 4 weeks, now I have to find a rep to help us. :huh:


I have to say that I am surprised that they decided to do this, whilst it is not impossible that you will find a trained Representative, I suspect you will struggle, the simple fact is that they do not take on cases this late in the process as they have had no opportunity, nor would there be any realistic opportunity in four weeks, for them to influence your case and add any value.

Try an internet search for "welfare advice" with your postcode, town or county.

Gordon

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10 years 1 month ago #119098 by foreverfoggy
Replied by foreverfoggy on topic Appeal
I think it may have been complicated as she was a child when I applied and she was still 15 when the decision was made. She is not answerable for the original application as I filled it out. Maybe this is why, I don't know. I will try the search, thank you. :)

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 1 month ago #119124 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Appeal
Hi FF,

I agree with Gordon, it is very difficult to find benefits/welfare rights advisers these days as most are in the voluntary sector, many of which have closed due to lack of funding. Also, those that are still open are usually booked up for at least two months ahead. Very naive in my opinion for the Tribunal Judge to expect you to get legal representation at such short notice.

As a retired Welfare Rights Lawyer and former DLA Tribunal member for eleven years until I retired in 2005, from my experience there are few solicitors with experience of social security law and advocacy at DLA Tribunals.

If you cannot find an experienced legal representative, there is nothing to stop you from representing your daughter at her appeal.

See my guide
GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS


These notes provide information for those who represent claimants at tribunals dealing with Social Security appeals. e.g. ESA, DLA etc. The following notes apply to qualified benefits advisers acting as a representative at an appeal, or to a relative, family friend or carer who although not qualified benefits advisers provide representation at appeal.

Good luck to you and to your daughter, and I hope you find my guide of some help.

Jim

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