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TOPIC: Opinion of a relative less important than claimant

Re:Opinion of a relative less important than claimant 8 years 4 months ago #38543

Hi Nervy

I'm afraid your search didn't produce any results.

If you opt for a paper hearing you can change your mind, provided that the paper hearing has not already taken place. You have to be aware that you do not get informed of the date. It can take place at any time. It would make far more sense to do it the other way round. Opt for an oral hearing with the option of switching to a paper hearing.

Appealing is not just about giving evidence of your condition, but challenging the DWP's decision, reasoning, and often the facts they used, which you cannot do on a form before they made and explained their decision. I think many paper appeals fail due to inadequate evidence forwarded on appeal, but also because the tribunal cannot see you. I'm sure if I met a newspaper columnist face-to-face I would have a very different (and more reliable) impression of him than from reading countless articles that he's written. It's probably the same for tribunal members.

If you do opt for a paper hearing it is important that you give details of why you satisfy each descriptor in contention, but it would be preferable to answer any questions that the tribunal have regarding the descriptors.

Derek

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Re:Opinion of a relative less important than claimant 8 years 4 months ago #38558

  • Nervy
Seems Google URLs get confused with long quotes.
this link should work

I should say I've already got low care and low mobility. I'm aiming for middle rate.

My tribunals service letter says about attending a hearing: "Because of the high volume of cases we are currently dealing with, your appeal is NOT LIKELY to be heard before 01/05/2011" (they used upper case) so that's May? unless its the M/d/yy format?

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Re:Opinion of a relative less important than claimant 8 years 4 months ago #38561

Thanks for the link.

I disagree with their comments regarding letters from friends and family for the reason mentioned in my previous post. I also disagree with the statement 'The onus to prove entitlement lies with the claimant'. This is not true in most cases. If you have an existing benefit award that is terminated following a reassessment, the burden of proof lies with the decision maker.

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Re:Opinion of a relative less important than claimant 8 years 4 months ago #38563

  • Nervy
With an oral hearing it seems I'll have to wait 6 months by which time by condition could have improved, thus risking losing the 5 years of payments I already have?

CAB said I can't use notes from GPs i've seen since after the DLA decision in September, so does that mean i could speak in the past tense and still get 5 years of payments?

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Re:Opinion of a relative less important than claimant 8 years 4 months ago #38569

Tribunals can only consider your circumstances around the date of the decision to stop your benefit. Any improvement or worsening of health since then cannot be considered. Therefore you have to describe your health at that point in time and any medical evidence should relate to near the date of decision.

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Why some medical evidence should be disregarded 8 years 4 months ago #38771

  • Nervy
I started to feel less uncomfortable with my CPN last summer and so after a few home visits she brought me with my dad to see the psychiatrist over a year ago October 2009.

Over a year later Nov 2010 the CAB sent my GP (who wrote me a sick note for ESA in May and a backward sicknote in August) a DLA questionaire. My GP included a bit from my psychiatrist:

Please describe his mental health problems and a diagnosis:-
'Psychiatrict assessment Oct 2009 "no evidence of mental illness". Main problem is poor confidence and social skills.'

I read you shouldn't include medical evidence that may do harm or say why it should be disregarded, but if they write to my GP should i write somewhere that I saw the psychiatrist well before I got the claim form for DLA and that he has had little to do with my treatment and only saw me once?

Mod edit: thread merged

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Last edit: by Derek4.
Moderators: GordonIzzy1010