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7 years 1 month ago #182782 by Sam
Tribunal was created by Sam
To tech folks I managed to get on.
I have been told not to attend my tribunal on Friday as it will appear I am able to do more than I say I can. They changed the venue with no notice. I had another fall 3 weeks agoand will be back in the wheelchair but I don't like leaving my home, I am not thrilled on driving in traffic into Manchester, well being driven. I have a car for my comfort but have not really driven since 2014.
I have had no benefit since August last year and am fighting for my benefit I was on to be reinstated under pip.
I do not know what to do for the best. I am physically broken and in severe pain, my nerves are on edge, I suffer from anxiety but I just need to know what to do.
My brother will represent me. All information sent to pip including 3 GP letters, 2 letters from local MP, letters from independent people who have vouched for me, my own statement all got thrown back at me.
Since my accident in 2014 I just keep on having more accidents added to my illnesses I have had since age of 13. I don't think I can face being verbally attacked. Any advice? Thank you.

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7 years 1 month ago #182822 by Gordon
Replied by Gordon on topic Tribunal
Sam

It can harm an appeal if the claimant attends and their attendance undermines their testimony as to why they should have an award.

If you decide not to, then normal practice is for the claimant to switch to a Paper hearing. I would not expect the Judge to allow your brother to act on your behalf as he is not a trained Representative, at the very least you need to write to the Judge of the hearing to ask permission for him to do this. Write to the Clerk of the Court at the venue where the hearing is to be held.

Gordon

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

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7 years 1 month ago #182935 by Sam
Replied by Sam on topic Tribunal
Thanks. I have done a statement and that, along with letters from my Doctor, Local MP, neighbours etc.
My brother has been allowed to act on my behalf and whilst and has done a very impressive presentation.
I rarely go out due to anxiety and I am disabled or I would not feel so strongly about going. My benefit or DLA got stopped and my home assessment really was a joke. Nobody saw me walk or do anything. I got the lowest daily living allowance rate which I refused in order to have my say.
I understand what you are saying. I admit I still feel torn. If I don't go then I cannot speak up for myself.
If I lose this Tribunal appeal do I go right away for another one? I hope I do win because I have so little money and due to all the accidents, one exacerbated by medical negligence, I am just going to live in increasing pain and less mobility.
Need to sleep and have a think. Thank you for your help. Glad you are here and busy!

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7 years 1 month ago #182954 by Gordon
Replied by Gordon on topic Tribunal
Sam

To confirm, the Court has given your brother permission to represent you in your absence?

If your appeal is unsuccessful then you can only take the matter further if you can show that there was an Error of Law in the making of the Decision, not because you disagree with the Decision.

Gordon

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

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7 years 1 month ago #183005 by Sam
Replied by Sam on topic Tribunal
He has been acting as my authorised representative with the dwp and the Tribunal. Nobody has said I should or should not be there. I did a written statement to be used in my absence along with all the other evidence. I will check with him to be safe. They moved the venue. Everyone said I should just go and not ask for a change back to my local setting as it would cause a delay. I am not well enough to be out. I thought I should be there out of courtesy. My brother is perfectly capable of handling himself but as I said I am confused.
You are saying that unless I attend then I am unable to go further should I lose?
I will put your question to my brother later. I have never been put through so much before. This whole benefit issue has caused me more anxiety and stress on top of my physical problems. Thx. Sam

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7 years 1 month ago #183010 by Sam
Replied by Sam on topic Tribunal
On document from HMCTS I have signed the appeal form and given a named representative the authority to deal with them on my behalf. This form and my written authority have been sent to the tribunal. I got a date and venue, both of which changed. That is all I can find for now.

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