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Different forms ??
- Valerie
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8 years 2 months ago #153021 by Valerie
Different forms ?? was created by Valerie
My son has finally received the date of tribunal, in April, not far from where they live and we have attended before ( and won !) ...however, his doctor was soooo annoyed when he was taken off benefits , then turned down when asking for the MR ....and said they must have disregarded his part of the forms ..He has now given my son a very good letter, plus also from hospital doctor about the sleep apnoea which is just added to the fatigue and epilepsy, the loss of oxygen etc ...and a copy was sent on and we received a letter to say they have received it ...
Just wanted to know if there is ever a possibility of asking that someone now looks at the medical reports with a possibility of deciding, before it goes to tribunal and save everybody's time and anxiety ....
Valerie
Just wanted to know if there is ever a possibility of asking that someone now looks at the medical reports with a possibility of deciding, before it goes to tribunal and save everybody's time and anxiety ....
Valerie
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- Gordon
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8 years 2 months ago - 8 years 2 months ago #153034 by Gordon
The Tribunal panel will not look at your papers until at best he day before the hearing and more likely the night before. It is possible that they will make a positive Decision before the hearing so you may receive a call not to attend in the morning if your hearing is in the afternoon, or arrive and be told that you no longer need to attend if in the afternoon. However, this only happens rarely so I would not rely on it/
The DWP will normally re-visit all of the papers for the hearing during the week before the hearing, they can revise the Decision in your favour and lapse the appeal, but again this is rare.
I'm afraid you will have to wait and see.
Gordon
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Replied by Gordon on topic Different forms ??
Valerie wrote: My son has finally received the date of tribunal, in April, not far from where they live and we have attended before ( and won !) ...however, his doctor was soooo annoyed when he was taken off benefits , then turned down when asking for the MR ....and said they must have disregarded his part of the forms ..He has now given my son a very good letter, plus also from hospital doctor about the sleep apnoea which is just added to the fatigue and epilepsy, the loss of oxygen etc ...and a copy was sent on and we received a letter to say they have received it ...
Just wanted to know if there is ever a possibility of asking that someone now looks at the medical reports with a possibility of deciding, before it goes to tribunal and save everybody's time and anxiety ....
Valerie
The Tribunal panel will not look at your papers until at best he day before the hearing and more likely the night before. It is possible that they will make a positive Decision before the hearing so you may receive a call not to attend in the morning if your hearing is in the afternoon, or arrive and be told that you no longer need to attend if in the afternoon. However, this only happens rarely so I would not rely on it/
The DWP will normally re-visit all of the papers for the hearing during the week before the hearing, they can revise the Decision in your favour and lapse the appeal, but again this is rare.
I'm afraid you will have to wait and see.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by Gordon.
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- Johnny
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8 years 2 months ago #153049 by Johnny
Replied by Johnny on topic Different forms ??
Give the possibility of a case clearing favouring he claimant, it's a shame panels can't always review evidence at least a day before tribunal rather than having a claimant turn up on the day only to be told decision has already been made.
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- bro58
8 years 2 months ago #153069 by bro58
Hi J,
They sometimes do, and they sometimes contact the appellant before the hearing telling them that they have found in their favour so there is no need to attend, and sometimes appellants are informed that they have been successful on reporting to The Clerk, therefore doing away with the need to go through a hearing.
Of course the above is not the norm.
bro58
Replied by bro58 on topic Different forms ??
Johnny wrote: Give the possibility of a case clearing favouring he claimant, it's a shame panels can't always review evidence at least a day before tribunal rather than having a claimant turn up on the day only to be told decision has already been made.
Hi J,
They sometimes do, and they sometimes contact the appellant before the hearing telling them that they have found in their favour so there is no need to attend, and sometimes appellants are informed that they have been successful on reporting to The Clerk, therefore doing away with the need to go through a hearing.
Of course the above is not the norm.
bro58
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- Valerie
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8 years 1 month ago #156895 by Valerie
Replied by Valerie on topic Different forms ??
Is there a difference now in DLA forms and PIP ? My son was on DLA but they forgot to send out his continuation forms, and stopped his benefit and told him he would have to be considered a new applicant .... months later, it
has now ended up we have to go to tribunal ...
Someone has told him that had they remembered to send his continuation firms he would have had it looked at differently, and not had to go through all of this ....is that correct ??
Valerie
has now ended up we have to go to tribunal ...
Someone has told him that had they remembered to send his continuation firms he would have had it looked at differently, and not had to go through all of this ....is that correct ??
Valerie
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- slugsta
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8 years 1 month ago - 8 years 1 month ago #156903 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Different forms ??
Hi,
I have merged your query with your previous topic relating to your son's claim. It helps us enormously if everything relating to one claim is kept in the same place, especially when it is complicated like this. I hope it will be helpful for you too.
I'm afraid I'm not quite sure what you are asking.
If you are asking whether the forms for new applications and reassessments are the same, the answer is 'yes'.
If your son is an adult he would have been required to apply for PIP and this would have been a new claim anyway!
I have merged your query with your previous topic relating to your son's claim. It helps us enormously if everything relating to one claim is kept in the same place, especially when it is complicated like this. I hope it will be helpful for you too.
I'm afraid I'm not quite sure what you are asking.
If you are asking whether the forms for new applications and reassessments are the same, the answer is 'yes'.
If your son is an adult he would have been required to apply for PIP and this would have been a new claim anyway!
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by slugsta.
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