I have previously written in about making an appeal following a succesful mandatory recosideration. I am 1 point away from enhanced rate of daily living....as i was not awarded points for prompting on toilet needs though I got them fore 5 other categories. I have been awarded lower rate mobility and I am happy with that.
I have been told that if the tribunal are going to downgrade me they will give the appellant an opportunity to withdraw the appeal. I have heard this in various posts on here too.
However I have just read the apeals booklet on here and there is no mention of this at all. Can I please have some clarification...is it something they sometimes do ? or always will do...is it written down in the guidelines for the conduct of the tribunal ? At what point is it likely to be said during the proceedings ? Many thanks....just petrified that an award may be taken away from me as i have been given it for ten years & I need to be TOTALLY sure I have no risks
The Bench Book that controls the operation of a Tribunal requires the Judge at the earliest opportunity, the start of the hearing, to inform the claimant if the panel believes that there is a risk to the claimant's current award if they proceed with the hearing. They should then adjourn the hearing to allow the claimant to get specialist advice and if they wish, to withdraw the appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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