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withdraw my appeal before hearing.
- Jean
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8 years 2 months ago #150443 by Jean
withdraw my appeal before hearing. was created by Jean
Hi
Im new here so hope im putting this info in the correct place.
My brother (who im helping with his appeal) went to hearing and was told by the Judge based on the evidence he should be careful as he could lose the points he already has (he's on ESA but in truth at the moment should be in the Support Group) any how Judge advised him to get advice from Welfare Rights etc and asked the courts to get further medical notes... but warned him at least 2 he could be worse off if he goes ahead. My brother tried getting help from Citizens Advice and Welfare rights but because of cuts was told he doesn't meet their criteria for help. He hasn't seen a consultant for his long term condition for years so what other help can he get? he wants to appeal as the DWP haven't taken into account his condition (the management of it) has got worse the HP who undertook assessment was a nurse never even met him and what she has written totally contradicts my brothers position (we supplied lots of medical evidence even just on line to prove her points are wrong)..However, he is just too frightened to push it so has decided to drop appeal he contacted tribunal but was told the Judge will now decide if they will allow him to as they may chose to hear it? I thought if we pulled out before hearing he wouldn't lose what he already had that he could only potentially lose it if we went into hearing? can someone let me know theyre views please?
Many thanks
Im new here so hope im putting this info in the correct place.
My brother (who im helping with his appeal) went to hearing and was told by the Judge based on the evidence he should be careful as he could lose the points he already has (he's on ESA but in truth at the moment should be in the Support Group) any how Judge advised him to get advice from Welfare Rights etc and asked the courts to get further medical notes... but warned him at least 2 he could be worse off if he goes ahead. My brother tried getting help from Citizens Advice and Welfare rights but because of cuts was told he doesn't meet their criteria for help. He hasn't seen a consultant for his long term condition for years so what other help can he get? he wants to appeal as the DWP haven't taken into account his condition (the management of it) has got worse the HP who undertook assessment was a nurse never even met him and what she has written totally contradicts my brothers position (we supplied lots of medical evidence even just on line to prove her points are wrong)..However, he is just too frightened to push it so has decided to drop appeal he contacted tribunal but was told the Judge will now decide if they will allow him to as they may chose to hear it? I thought if we pulled out before hearing he wouldn't lose what he already had that he could only potentially lose it if we went into hearing? can someone let me know theyre views please?
Many thanks
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- Gordon
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8 years 2 months ago #150474 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic withdraw my appeal before hearing.
jeannieg
You don't say whether your brother has a current award or not?
The Judge has issued the warning because, based on all of the evidence available to them, they do not believe that they would award the same points as he currently has.
If he currently has an award then this would likely mean that he would lose it.
If he has no award then he has nothing to lose by proceeding, but it does suggest that he should look very carefully at the evidence that he has so far submitted as it would seem to be sufficient.
My guess is that he talked to the Clerk of the Court when he phoned to cancel the appeal and that they were being overly officious about the matter. I don't know of any case where the Judge has carried on with the appeal once the it has been withdrawn by the claimant.
I would follow up the withdrawal in writing so that there is no doubt that it is to be cancelled.
Gordon
You don't say whether your brother has a current award or not?
The Judge has issued the warning because, based on all of the evidence available to them, they do not believe that they would award the same points as he currently has.
If he currently has an award then this would likely mean that he would lose it.
If he has no award then he has nothing to lose by proceeding, but it does suggest that he should look very carefully at the evidence that he has so far submitted as it would seem to be sufficient.
My guess is that he talked to the Clerk of the Court when he phoned to cancel the appeal and that they were being overly officious about the matter. I don't know of any case where the Judge has carried on with the appeal once the it has been withdrawn by the claimant.
I would follow up the withdrawal in writing so that there is no doubt that it is to be cancelled.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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