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Preparing for an appeal
- MigraineSucks
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6 days 4 hours ago #313551 by MigraineSucks
Preparing for an appeal was created by MigraineSucks
Hi there,
I have finally got my appeal set up - and have spoken to the Tribunals people who say it is "Ready to List" but estimate it may not come to a hearing maybe until January 2027.
I have followed the guides from Benefits and Work but now find myself unsure of what to do next.
I have received the DWP response which is 100 pages or so, with a lot of mistakes (including basics like my address and bank details - obviously they have the correct ones). Also so much stuff about how I am capable... basically ignoring everything I have said. My assessment was done by a physiotherapist who gave me 6 points for back problems and nothing for any of the categories where I am affected by migraine.
When I put forward my reasons for appeal I cited just the details about eating and drinking - when my migraines are bad I have been unable to keep down food or drink for days at a time.
My question is this:
- Do I need to go through everything again, or will the tribunal look at my original form and listen to the recording of my assessment themselves?
- What do I have to do, or will I go through it all at the tribunal?
I am not sure how much I am actually capable of doing and I am loathe to try too hard as the stress makes my migraines worse.
I am currently dealing with a UC review where they have requested housing details, business accounts (I am still trying to work and my work coaches are very supportive just saying they want me to continue with what I am doing) and all my bank accounts. This is complicated because the guy at UC who is doing it cannot read bank statements and keeps telling me my bank statements are insufficient just because there aren't transactions every day. I have had to wait for one statement and now I am stressed that I won't be able to sort this out before the deadline they gave me - which is also when I report my expenses and earnings and hopefully see that I will receive my next payment.
I have tried to contact the CAB but without much luck yet, so any advice and support you can offer would be gratefully received.
Many thanks!
I have finally got my appeal set up - and have spoken to the Tribunals people who say it is "Ready to List" but estimate it may not come to a hearing maybe until January 2027.
I have followed the guides from Benefits and Work but now find myself unsure of what to do next.
I have received the DWP response which is 100 pages or so, with a lot of mistakes (including basics like my address and bank details - obviously they have the correct ones). Also so much stuff about how I am capable... basically ignoring everything I have said. My assessment was done by a physiotherapist who gave me 6 points for back problems and nothing for any of the categories where I am affected by migraine.
When I put forward my reasons for appeal I cited just the details about eating and drinking - when my migraines are bad I have been unable to keep down food or drink for days at a time.
My question is this:
- Do I need to go through everything again, or will the tribunal look at my original form and listen to the recording of my assessment themselves?
- What do I have to do, or will I go through it all at the tribunal?
I am not sure how much I am actually capable of doing and I am loathe to try too hard as the stress makes my migraines worse.
I am currently dealing with a UC review where they have requested housing details, business accounts (I am still trying to work and my work coaches are very supportive just saying they want me to continue with what I am doing) and all my bank accounts. This is complicated because the guy at UC who is doing it cannot read bank statements and keeps telling me my bank statements are insufficient just because there aren't transactions every day. I have had to wait for one statement and now I am stressed that I won't be able to sort this out before the deadline they gave me - which is also when I report my expenses and earnings and hopefully see that I will receive my next payment.
I have tried to contact the CAB but without much luck yet, so any advice and support you can offer would be gratefully received.
Many thanks!
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- BIS
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3 hours 7 minutes ago #313696 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Preparing for an appeal
Hi MigraineSucks
Sorry that it's taken so long to give you an answer.
The panel will review any papers included in the bundle. If a copy of your original form is in the bundle that you have been sent, then they will have access to it. If your assessment was recorded by the assessor, a transcript should be in the papers.
If you want to add anything to your submission, you can do so, up to two weeks before your tribunal takes place.
You've already noted errors and points you disagree with - so there's nothing else for you to do at this time. I would wait until you get a specific date and then a couple of weeks before familiarise yourself with the papers once again. How much the Tribunal asks and goes through is up to them and it varies. You will be given the chance to have your say.
BIS
Sorry that it's taken so long to give you an answer.
The panel will review any papers included in the bundle. If a copy of your original form is in the bundle that you have been sent, then they will have access to it. If your assessment was recorded by the assessor, a transcript should be in the papers.
If you want to add anything to your submission, you can do so, up to two weeks before your tribunal takes place.
You've already noted errors and points you disagree with - so there's nothing else for you to do at this time. I would wait until you get a specific date and then a couple of weeks before familiarise yourself with the papers once again. How much the Tribunal asks and goes through is up to them and it varies. You will be given the chance to have your say.
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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