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TOPIC: Opinion of a relative less important than claimant

Opinion of a relative less important than claimant 8 years 6 months ago #38304

  • Nervy
Opinion of a relative less/more important than claimant?

I'm going through a DLA appeal. But the form at the time was sent off unfinished. So I'm appealing and gonna send more info to them.

I know medical professionals such as a letter written by a mental health nurse, his/her opinion is given the most weight but ...

How much weight is given to a letter written by the claimant as opposed to a letter written by relative?

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Re:Opinion of a relative less important than claimant 8 years 6 months ago #38310

  • originaldave
Nervy wrote:

Opinion of a relative less/more important than claimant?

I'm going through a DLA appeal. But the form at the time was sent off unfinished. So I'm appealing and gonna send more info to them.

I know medical professionals such as a letter written by a mental health nurse, his/her opinion is given the most weight but ...

How much weight is given to a letter written by the claimant as opposed to a letter written by relative?



depends what it says, the relative can help fill in gaps the dr would not know about

if you feel that more weight comes from the prosessional as you seem to have posted, can they not supply more evidance ?

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Re:Opinion of a relative less important than claimant 8 years 6 months ago #38319

  • Nervy
Dave wrote:
if you feel that more weight comes from the prosessional as you seem to have posted, can they not supply more evidance ?[/quote]

Will have to sort that.

My fear is, that if the claimant (me) writes a lot of stuff then it makes me look motivated to fill in forms and have insight into my mental health problems?

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Re:Opinion of a relative less important than claimant 8 years 6 months ago #38325

Hi Nervy

Tribunals are obliged to consider all of the evidence, including that of the appellant and any witnesses.

If your relative writes a letter in evidence, it is important that he or she states how much time they spend with you, and when. This will give the tribunal a clearer picture of the extent of their knowledge. Tribunals can sometimes be sceptical of an appellant's own evidence, so the evidence from a third party (even if it is a relative) who knows you well will hold significant weight.

I regret to say that if you write your own statements, tribunals sometimes draw incorrect conclusions from this (I'm talking from personal experience). As I am not knowledgeable about DLA I can't comment any further. For IB or ESA they may presume that you have good concentration, can complete tasks, sustain personal action, etc.

Unfortunately, if it takes you two days to write two sides of A4, most people will read it and assume that you wrote it in as long as it would take them to write it. You will of course be able to have your say at the hearing if the tribunal want to raise a question on your letter-writing or form-filling capabilities.

Good luck with your appeal

Derek

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Re:Opinion of a relative less important than claimant 8 years 6 months ago #38327

  • pata1
Nervy wrote:

Opinion of a relative less/more important than claimant?

I'm going through a DLA appeal. But the form at the time was sent off unfinished. So I'm appealing and gonna send more info to them.

I know medical professionals such as a letter written by a mental health nurse, his/her opinion is given the most weight but ...

How much weight is given to a letter written by the claimant as opposed to a letter written by relative?


Hi Nervy,

The most weight is given by YOU, if you attend your appeal called an 'oral hearing' where the tribunal panel can ask you questions and vice versa. Most appeals, especially for DLA, are not won because of any real new evidence given on the day. They are successful because the tribunal can see you and as I said above ask you about any care and/or mobility needs.

You can take along a relative or friend for moral support, or they can act as a witness for you.

That's why we always advise appellants to opt for an oral hearing, and not a paper hearing where the appellant chooses not to attend, so the tribunal has to hear your appeal on the case papers alone.

Tribunals are free to decide which evidence to accept and which to reject, so it's not uncommon for them to prefer evidence given by you, in preference to a medical report.

The person who knows the most about your needs is you !

Good luck.

Pat :kiss:

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Re:Opinion of a relative less important than claimant 8 years 6 months ago #38334

  • Nervy
DepressedDerek wrote:

I regret to say that if you write your own statements, tribunals sometimes draw incorrect conclusions from this (I'm talking from personal experience).

Should I have filled in my DLA form throughouly instead of partly finished? Does a tribunal (ministry of justice) think differently than the DWP?

Unfortunately, if it takes you two days to write two sides of A4, most people will read it and assume that you wrote it in as long as it would take them to write it. You will of course be able to have your say at the hearing if the tribunal want to raise a question on your letter-writing or form-filling capabilities.


The other catch-22 paradox is of my social anxiety, and its added by the fear that even my turning up in person an oral hearing and having a conversation, answering questions would make me look as if my social anxiety isn't much of a problem, whereas if i don't answer it shows i've a social anxiety problem!?

All i really wanted was more time to fill in the DLA form (my mental health nurse reckoned it was ok to hand it in unfinished) and so to just have a paper hearing.

But then I already handed in the form few months too late (August) anyway but didn't explain this on the form. I've spend the last 4 months writing bit by bit.

Is a paper hearing just like as i filled in the DLA form thoroughly?

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