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Appeal tomorrow

  • foreverfoggy
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10 years 6 days ago - 10 years 6 days ago #120422 by foreverfoggy
Appeal tomorrow was created by foreverfoggy
Hello, after a very long wait, and being sent away last month to get a rep, my daughter finally has her appeal tomorrow. Can anyone point me in the direction of the likely questions they may ask please. Daughter getting nervous. thanks. :unsure:
Last edit: 10 years 6 days ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 6 days ago #120429 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 tomorrow

foreverfoggy wrote: Hello, after a very long wait, and being sent away last month to get a rep, my daughter finally has her appeal tomorrow. Can anyone point me in the direction of the likely questions they may ask please. Daughter getting nervous. thanks. :unsure:


Rather short notice for definitive advice as you don't tell us what benefit your appeal is for.

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

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • foreverfoggy
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10 years 6 days ago #120430 by foreverfoggy
Replied by foreverfoggy on topic Appeal tomorrow
sorry its childs DLA. I have seen a file on here offering advice on usual questions and couldn't remember where it was. thanks.

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10 years 6 days ago #120432 by Gordon
Replied by Gordon on topic Appeal tomorrow

foreverfoggy wrote: Hello, after a very long wait, and being sent away last month to get a rep, my daughter finally has her appeal tomorrow. Can anyone point me in the direction of the likely questions they may ask please. Daughter getting nervous. thanks. :unsure:


Unlike the assessments there is no standard set of questions that a panel may use, most questions will be directed at your daughter and most will be asked by the doctor on the panel. They will be primarily interested in how their condition effects their daily living and will likely start with some questions about how you got to the hearing and then move on from there.

Hearings typically take 30-40 minutes after which they will ask you to wait outside while they make a Decision, however, it is becoming increasingly common for panels to notify the claimant by post within a couple of days, if this happens it is not reflective of whether an award has been made or not, just that they are busy and need to move onto the next case.

Good luck.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law), foreverfoggy

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 6 days ago #120458 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 tomorrow
As a former DLA Tribunal Appeal Member, the doctor does not ask all the questions. They will ask about your daughters medical conditions most certainly. The Disability Member ( which I used to be) be will ask about any mobility and care needs your daughter may have.

However, the Tribunal Judge (a qualified solicitor with specialist training on DLA) may also ask questions. DLA Tribunals are unique in that there MUST be three Tribunal Members hearing the appeal. Rarely a member may not be able to make it, for example being stuck in traffic, car breaks down, train late etc. If this happened the Tribunal would be have to be adjourned.

You don't say how old your daughter is, but if she's quite young, say under 16 years of age, the Tribunal Judge will usually allow you to answer some questions on her behalf.

In a DLA Tribunal all panel members have equal say and the decision may be unanimous, or a majority decision 2-1, so even the Tribunal Judge can be overruled if the medical member and disability member decide in your daughters favour, or any two members on the panel.

You can also give evidence on her behalf as a witness or carer if you wish.

Best of luck.

Jim

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • foreverfoggy
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10 years 5 days ago - 10 years 5 days ago #120505 by foreverfoggy
Replied by foreverfoggy on topic Appeal tomorrow
Thank you. We had the appeal today and I could never have guessed the questions they would ask. I was expecting the usual How did you get here today? How long did it take you to get ready? etc. They asked why she had been without a diagnosis for so long and why we had felt the need to go private along with questions about how the education system had let her down and she hadn't had a proper education. All these things going back 5 years. Yes they asked her about her care not much about her mobility. Thankfully nothing from the Atos report but we have had an apology letter from them. Anyway outcome was, they will let us know by post as they were extremely busy today. just got an anxious wait now. It was nowhere near as scary as I was expecting it to be and they all made us feel very comfortable. They were very gentle with my daughter. By the way she is 16 now, a child when I applied. So thanks for your help and I will let you know the outcome when I get it. :)
Last edit: 10 years 5 days ago by .

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