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TOPIC: Filing out appeal form for Pip

Filing out appeal form for Pip 1 week 5 days ago #236926

Hi, I’m sorry if this is a silly question but I’m filling out the appeal form for my Husband as we didn’t agree with the mandatory reconsideration decision.
My question is as I am filing out the form for my Husband am I my Husbands representative?
He has problems filing out forms & I often do it for him & then he just signs.
His GP has said that I help & manage mostly every aspect of my Husbands life. Will they think my Husband is competent if they think he has filled out the appeal form?
Also I have a lot of health issues my self & although I will need to go with my Husband for the appeal as without me he wouldn’t go, my concern is that they will only speak to him & he doesn’t always remember things.
Would it be best to get a proper representative?
If so who would be best to do this?
Many thanks
Jenny

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Filing out appeal form for Pip 1 week 5 days ago #236934

Jenny

Your completing the form on behalf of your husband does not mean that you are acting as his representative, what you are doing is perfectly fine.

If you can find a trained advisor to help with the appeal then it is usually an advantage but you may struggle to find one as appeals to the First Tier Tribunal are no longer eligible for Legal Aid/ Try doing an internet search for "welfare advice" with your postcode, town or county.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Filing out appeal form for Pip 1 week 5 days ago #236938

Hi Jenny

No you will not be classed as your husbands representative unless you name yourself as his representative on the form. You may want to explain why you are completing the form.

When you go to a tribunal the questions are always directed at the claimant, the tribunal usually do not like reps or the claimants companion answering the questions, they are usually given time at the end to add anything that may have been missed.

I advised people going to a tribunal to write down what they disagree with the HC report in bullet points to remind them during the hearing and why they disagree such as ... HC stated can walk 20-50 meters whereas can only walk 5 meters before resting due to pain in legs and breathlessness have to wait 5-10 minutes before carrying on.

As a rep at a hearing you don't do much, you make a few notes, your main job is to give the claimant confidence and make sure that the client has covered all the points they wanted to get across as people panic and get quite forgetful, now and again you may argue a point of law but these are quite rare in the majority of cases.

The majority of cases I have been to, the tribunal have been very fair and have given the claimant plenty of time to answer questions, unfortunately they do take the written word of the HC report, so if it is incorrect then you need to show what is incorrect and explain why it is incorrect.

Gary

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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Moderators: GordonGaryBIS