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PIP appeal representation
- Mary Starbuck
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6 years 1 month ago #228387 by Mary Starbuck
PIP appeal representation was created by Mary Starbuck
Hello,
I have had my reconsideration decision back and now need to appeal. CAB tell me they cannot provide representation. How do I find someone and what can I expect it to cost?
Thank you very much
I have had my reconsideration decision back and now need to appeal. CAB tell me they cannot provide representation. How do I find someone and what can I expect it to cost?
Thank you very much
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- Gordon
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6 years 1 month ago #228404 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal representation
M
Do an internet search for "welfare advice" with your postcode, town or county. You can also try any charities that specialise in your conditions. These services are usually free.
You can hire a solicitor but you must make sure that they have experience of Social Security Tribunals, this is a specialist area and most do not. The cost can be relatively high so you need to make sure that you understand what you might get by a successful appeal.
You can;t usually get Legal Aid for an appeal to the First Tier Tribunal but the following can help you if you do qualify.
www.gov.uk/government/publications/direc...-legal-aid-providers
Lastly, most Tribunals are attended by claimants with no representation, it is not as difficult as it first appears.
Gordon
Do an internet search for "welfare advice" with your postcode, town or county. You can also try any charities that specialise in your conditions. These services are usually free.
You can hire a solicitor but you must make sure that they have experience of Social Security Tribunals, this is a specialist area and most do not. The cost can be relatively high so you need to make sure that you understand what you might get by a successful appeal.
You can;t usually get Legal Aid for an appeal to the First Tier Tribunal but the following can help you if you do qualify.
www.gov.uk/government/publications/direc...-legal-aid-providers
Lastly, most Tribunals are attended by claimants with no representation, it is not as difficult as it first appears.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mary Starbuck
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- Mary Starbuck
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6 years 1 month ago #228877 by Mary Starbuck
Replied by Mary Starbuck on topic PIP appeal representation
Hello,
I am autistic and I do have difficulties with communicating, so apologies if I have misunderstood anything, or seem to be asking daft questions. I also have trouble finding my way round websites (even when everything is there I can't necessarily find what I need).
So I finally figured out putting "autism" in your search box and found a lot of relevant results.
I have just checked on the appeal form information and it states there
"You can appoint someone as a ‘representative’ to help you with your appeal.
Anyone can be a representative, including friends and family.
Your representative will have permission to act on your behalf, for example to respond to letters. They’ll be sent all the information about your appeal, including any medical evidence."
I see from some comments on the forum that in some cases it is appropriate for the appointee to do all the speaking, so that's probably the way I need to go with mine.
Does that sound reasonable for someone with slow processing, difficulty identifying feelings properly, difficulty identifying physiological states, unable to show distress and anxiety and unable to express verbally what actually needs to be said?
Also others have mentioned they included details of relevant judgements. How would I go about finding these?
I think (but maybe I'm wrong) that CAB said I couldn't make any additional submissions after I put it my MR, but it seems that other members have been bringing other evidence to the hearing. Is it ok if I don't have it until the day itself?
Thank you so much for your help.
I am autistic and I do have difficulties with communicating, so apologies if I have misunderstood anything, or seem to be asking daft questions. I also have trouble finding my way round websites (even when everything is there I can't necessarily find what I need).
So I finally figured out putting "autism" in your search box and found a lot of relevant results.
I have just checked on the appeal form information and it states there
"You can appoint someone as a ‘representative’ to help you with your appeal.
Anyone can be a representative, including friends and family.
Your representative will have permission to act on your behalf, for example to respond to letters. They’ll be sent all the information about your appeal, including any medical evidence."
I see from some comments on the forum that in some cases it is appropriate for the appointee to do all the speaking, so that's probably the way I need to go with mine.
Does that sound reasonable for someone with slow processing, difficulty identifying feelings properly, difficulty identifying physiological states, unable to show distress and anxiety and unable to express verbally what actually needs to be said?
Also others have mentioned they included details of relevant judgements. How would I go about finding these?
I think (but maybe I'm wrong) that CAB said I couldn't make any additional submissions after I put it my MR, but it seems that other members have been bringing other evidence to the hearing. Is it ok if I don't have it until the day itself?
Thank you so much for your help.
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- Gordon
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6 years 1 month ago #228914 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP appeal representation
M
whilst anyone can be your representative, the term "Representative" (capital "R") has a specific meaning and refers to a person with specific training in Welfare Rights and Social Security law, you should not confuse the two and more importantly the Tribunal panel as there will be expectations placed on a Representative that a representative will not be able to fulfil.
You mention an appointee, do you have one? If you do then they should be dealing with this appeal on your behalf.
There is Case Law, important Decisions that have changed the way that the PIP criteria work but I would be very cautious of including any in an appeal unless you have a full understanding of what a particular Case says and just as importantly, what it does not.
Yes, you can provide new evidence, as long as it is clear that it applies to the time of the Decision being appealed and testimony for the appeal.
Gordon
whilst anyone can be your representative, the term "Representative" (capital "R") has a specific meaning and refers to a person with specific training in Welfare Rights and Social Security law, you should not confuse the two and more importantly the Tribunal panel as there will be expectations placed on a Representative that a representative will not be able to fulfil.
You mention an appointee, do you have one? If you do then they should be dealing with this appeal on your behalf.
There is Case Law, important Decisions that have changed the way that the PIP criteria work but I would be very cautious of including any in an appeal unless you have a full understanding of what a particular Case says and just as importantly, what it does not.
Yes, you can provide new evidence, as long as it is clear that it applies to the time of the Decision being appealed and testimony for the appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Mary Starbuck
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