Tribunal submission

Hi Jules

In my area and I think in most areas, the CAB who use Community Legal Service are not funded to represent clients at hearings. They are only funded to prepare the case beforehand.

I am pleased to hear that some CAB advisers do a proper job of obtaining information from their clients. Mine didn't take any information from me and just wrote a completely fictitious and self-contradictory appeal statement, and submitted it without my permission or giving me a chance to read it. I then wrote my own appeal statement which my advisor submitted on my behalf. However, she failed to make it clear that the first statement was sent in error and inaccurate. Therefore the DWP had two appeal statements that contradict each other, and one that contradicts itself. I had to disinstruct my representative and write another statement to clarify the situation.

It is possible to submit evidence at the hearing as long as it is brief (about three pages of A4). Anything more than that is likely to result in an adjournment so that the tribunal have time to read it. Most appellants can send submissions two months before a hearing because of the waiting time for a hearing but about two weeks before a hearing is the very minimum amount of time they expect submissions to be received.

I hope for everybody's sake your CAB advisor was the norm, and not mine.

Derek

Hi Derek, Gosh, you poor thing! What a run around. It's interesting, actually, I think the difference may be either that I live in Wales or that my local CAB has disconnected itself from mainstream CABs - maybe that because they certainly answer their phone differently now; "prescribing citizens' advice". I was a benefits adviser for 7 years, before I became too sick to work, and we used to share some training with CAB advisers. I have always found the local ones very helpful, and the local jobcentre plus strongly advised me to talk to the CAB about my appeal because the jobcentre's staff know what a mess it all is but are afraid to speak up. I had a phone call from the DWP's occupational therapist about an hour or so ago, she understands my health condition but is not allowed to speak up because of a "conflict of interest". She is appalled that I lost the appeal. Maybe the competence of the CAB is yet another postcode lottery thing. I am really sorry you had such a rubbish experience.

Hi Stephen,
some C.A.B or D.I.A.L offices will take on Your case and actually represent You at the tribunal depending upon the area in which You live and the resources they have available. Unfortunately as Jules suggests it's a bit of a post code lottery thing.
It will be worth Your while contacting both organisations to see what,s available in Your area. Unsure of Your age but I have been led to believe Age Concern will provide assistance for anyone over 50.

Regards

Bill

Hi Steve

I think the fact that the Tribunals Service is 'not aware' of any 4 week timescale speaks for itself.

I would trust the appeal guide. There is a 4 week time limit which is not rigorously enforced. But to be safe, you need to meet it if possible.

Derek