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Appeal Tribunal Advice Please
- Anne
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7 years 1 month ago #183014 by Anne
Appeal Tribunal Advice Please was created by Anne
My son has got a date for his appeal to be heard. One of the factors we are arguing is that he cannot make journeys without getting extremely distressed. Advice on what we should do as the appeal will be heard at a venue 40 miles away! Part of me says to go and he will be a jabbering wreck or should he rely on the evidence to speak for itself? Also his condition includes severe anxiety and depression so will the proposed changes to the mobility affect his appeal or because his claim was made last September this won't affect him? Thanks in advance
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- Gordon
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7 years 1 month ago #183042 by Gordon
If he attends then it is likely that assumptions will be made about the level of problem he has, it may be possible to deal with those assumptions at the hearing if for example he is able to attend because he is with a trusted person, as an example. Conversely his attending gives him the best chance of an award.
You will have to weigh the pros and cons of his attending.
The amended Descriptors do not come into effect until 16 March and do not effect Decision made before this.
Gordon
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Replied by Gordon on topic Appeal Tribunal Advice Please
Anne wrote: My son has got a date for his appeal to be heard. One of the factors we are arguing is that he cannot make journeys without getting extremely distressed. Advice on what we should do as the appeal will be heard at a venue 40 miles away! Part of me says to go and he will be a jabbering wreck or should he rely on the evidence to speak for itself? Also his condition includes severe anxiety and depression so will the proposed changes to the mobility affect his appeal or because his claim was made last September this won't affect him? Thanks in advance
If he attends then it is likely that assumptions will be made about the level of problem he has, it may be possible to deal with those assumptions at the hearing if for example he is able to attend because he is with a trusted person, as an example. Conversely his attending gives him the best chance of an award.
You will have to weigh the pros and cons of his attending.
The amended Descriptors do not come into effect until 16 March and do not effect Decision made before this.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anne
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7 years 1 month ago #183055 by Anne
Replied by Anne on topic Appeal Tribunal Advice Please
Sorry, does that mean because it is an appeal of a previous decision and the appeal in after 16th March the new descriptors won't be applied?
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- Ginny
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7 years 1 month ago #183061 by Ginny
Replied by Ginny on topic Appeal Tribunal Advice Please
I have not appealed in person twice, for reasons associated with anxiety etc.
For me, it was fine. On both occasions upheld.
It is however I understand, recommended to appeal in person.
For me, it was fine. On both occasions upheld.
It is however I understand, recommended to appeal in person.
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- Gordon
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7 years 1 month ago #183097 by Gordon
As the Decision was before the 16th then the new Descriptors do not apply.
Gordon
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Replied by Gordon on topic Appeal Tribunal Advice Please
Anne wrote: Sorry, does that mean because it is an appeal of a previous decision and the appeal in after 16th March the new descriptors won't be applied?
As the Decision was before the 16th then the new Descriptors do not apply.
Gordon
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- Spaceman
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7 years 1 month ago #183105 by Spaceman
Replied by Spaceman on topic Appeal Tribunal Advice Please
Hi Gordon,
I note that on the news page here www.benefitsandwork.co.uk/news/3606-1-march-2017-update it says "The changes will apply to all claims made from 16 March, 2017" rather than all decisions made from 16 March, so it would be great if you could confirm which is correct, as I started my claim (by phone) a week ago but a decision probably won't be made before 16 March.
I note that on the news page here www.benefitsandwork.co.uk/news/3606-1-march-2017-update it says "The changes will apply to all claims made from 16 March, 2017" rather than all decisions made from 16 March, so it would be great if you could confirm which is correct, as I started my claim (by phone) a week ago but a decision probably won't be made before 16 March.
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