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Welfare Rights Specialist meeting
- Tongey
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9 years 4 months ago #150069 by Tongey
Welfare Rights Specialist meeting was created by Tongey
I am finding it increasingly worrying that although we feel very strongly about the decision to remove the DLA Higher rate mobility imposed from the initial assessment and with total disregard to the evidence submitted. The Welfare Rights specialist is mostly worried about going to tribunal and having our award reduced further.
The reason he gives for this are based upon the fact that we do shopping! Even though it takes a long time, is painful and then we need to rest and take additional painkillers leaving us unable to do anything else for the rest of the day. The Tribunal will very likely just take into account the fact we can do the shop.
Is anyone able to advise on this?
The reason he gives for this are based upon the fact that we do shopping! Even though it takes a long time, is painful and then we need to rest and take additional painkillers leaving us unable to do anything else for the rest of the day. The Tribunal will very likely just take into account the fact we can do the shop.
Is anyone able to advise on this?
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- Gordon
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9 years 4 months ago - 9 years 4 months ago #150093 by Gordon
The Chairman of the Tribunal panel should warn you if they are considering a reduction in your current Mobility award and give you the opportunity to cancel your appeal.
I think it likely that your going out shopping will count against you unless you can explain in detail how you manage it and in particular whether you can do it "reliably".
The criteria for PIP Mobility are significantly tougher to meet than those for DLA.
Your advisor has access to all of your papers, their advice will always be more informed than ours can be as a result of this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Welfare Rights Specialist meeting
Tongey wrote: I am finding it increasingly worrying that although we feel very strongly about the decision to remove the DLA Higher rate mobility imposed from the initial assessment and with total disregard to the evidence submitted. The Welfare Rights specialist is mostly worried about going to tribunal and having our award reduced further.
The reason he gives for this are based upon the fact that we do shopping! Even though it takes a long time, is painful and then we need to rest and take additional painkillers leaving us unable to do anything else for the rest of the day. The Tribunal will very likely just take into account the fact we can do the shop.
Is anyone able to advise on this?
The Chairman of the Tribunal panel should warn you if they are considering a reduction in your current Mobility award and give you the opportunity to cancel your appeal.
I think it likely that your going out shopping will count against you unless you can explain in detail how you manage it and in particular whether you can do it "reliably".
The criteria for PIP Mobility are significantly tougher to meet than those for DLA.
Your advisor has access to all of your papers, their advice will always be more informed than ours can be as a result of this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 4 months ago by Gordon.
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- Tongey
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9 years 3 months ago #150769 by Tongey
Replied by Tongey on topic Welfare Rights Specialist meeting
Gordon
many thanks for your kind help.
Are you able to advise when would we be likley to get such a warning?
We are currently awaiting a date for the tribunal to be held, the Specialist thinks it may be in March.
many thanks for your kind help.
Are you able to advise when would we be likley to get such a warning?
We are currently awaiting a date for the tribunal to be held, the Specialist thinks it may be in March.
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- bro58
9 years 3 months ago #150778 by bro58
Hi T,
Any such warning would be given orally after the Tribunal Panel had read your evidence but before the actual proceeding started.
Therefore, giving you the opportunity to withdraw your appeal and stay with the original decision.
Your Advisor should be aware of this procedure and should really "risk assess" your appeal for such eventualities before the hearing.
bro58
Replied by bro58 on topic Welfare Rights Specialist meeting
Tongey wrote: Gordon
many thanks for your kind help.
Are you able to advise when would we be likley to get such a warning?
We are currently awaiting a date for the tribunal to be held, the Specialist thinks it may be in March.
Hi T,
Any such warning would be given orally after the Tribunal Panel had read your evidence but before the actual proceeding started.
Therefore, giving you the opportunity to withdraw your appeal and stay with the original decision.
Your Advisor should be aware of this procedure and should really "risk assess" your appeal for such eventualities before the hearing.
bro58
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