DLA Appeal

josie wrote: Hello, I rang and wrote to the Tribunal Dept in Cardiff to ask if my DLA Court Appeal to be post-poned as my Age UK representative is unable to make it this Friday 6 th Dec, due to being in London then. I only received an answer 30th Nov, to say this has been refused and shalll take place 5th Dec, with or without me. They initially wrote to me 19th Nov, with notification of the DLA appeal date.
I have severe rheumatoid arthritis , am on ESA wrag group. My DLA was reduced middle care rate to low care rate in October 2013 to Oct 2015. I also claim severe disability premium.
If I go ahead with the appeal, representing myself, what are my chances ?
Also, shall my severe disability premium be at risk of being taken away on 5th Dec ?
With many thanks, josie.

Even with a Representative present the vast majority of the questions from the panel would be directed at you, so their not being able to attend should not have a major impact on any likely result, you can take someone with you as a companion if only for moral support.

I am bit confused by the dates you have posted as it is unusual for someone to have an appeal so quickly after a Decision in October 2013.

As to the Severe Disability Premium, as you are currently only receiving Lower Rate Care, you are currently not entitled to any SDP payments, it will only be payable if you win your DLA appeal and Medium Rate Care is re-instated. If the SDP is currently in payment then it should not be, have you contacted the DWP ESA unit about the change in your DLA award? If not then you risk there being an overpayment, although hopefully this will be negated by your winning your Tribunal.

Gordon