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What's the role of the representative in atribunal

  • Hmelon
  • Topic Author
13 years 2 months ago #43324 by Hmelon
Hello I am new.
I am so pleased I came across this site
it's already been a breath of fresh air.

I had a tribunal on jan 11th for DLA.
I've had a mental health condition since 1995, I was diagnosed with paranoid schizophrenia in 1997 when I was hospitalised.
I applied for DLA in March 09 after being hospitalised for 6 weeks in Nov 09 for psychosis. My condition fluctuates but as well as psychosis I experience depression, anxiety, insommnia and a lack of motivation to do stuff.
I have a representative but I've only met her once several months ago. She seems nice but very busy, often I have to chase her down with phone calls and it's been me who's suggested getting various bits of evidence from my GP etc.
A week before my tribunal I called her several times suggesting I put in my Advanced Directive but she did not reply.
I managed to get through to her the day before my tribunal and she mentioned a few things I should say.
Eventually the tribunal was adjourned because they ran over time but I'm concerned that she doesn't know enough about my case to represent me. I should have another hearing in March.
Please can anyone tell me what the role of the representative is and what to expect from them. I'm considering trying to get someone else.
The difficulty is my condition has changed since my form was filled in 10 months ago.

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13 years 2 months ago #43331 by Gordon
helenmelon

In ideal circumstances your representative should assist and guide you through the process of creating a submission and gathering evidence to support your case.

At the actual Tribunal they should be assisting you with guidance on case law, etc. in support of you.

The reality is more often than not, they are only able to help you with the submission and evidence.

Some of our Moderators have been heavily involved in the Tribunal process and regularly say that a bad representative is worse than none.

Many of our members have and will be attending without a formal representative, just a family member or friend for moral support.

Hope this helps

Gordon

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

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  • Hmelon
  • Topic Author
13 years 2 months ago #43334 by Hmelon
Thanks that is helpful can a friend represent me?
Also does telephone support count as supervision through the night. I often spend a long time talking to friends or help lines like the samaritans sane line etc. on the phone to settle me in the night just wondering if this would be permissable evidence for middle rate care

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13 years 2 months ago #43337 by Derek4
Hi Helen

There is a difference between a representative, a witness, and a companion.

A companion is somebody who attends the hearing for moral support, but takes no part in proceedings. A witness will be allowed to speak and give evidence to the tribunal to support your case. Anyone who knows you well and understands how your disability affects you could be a useful witness.

A representative is expected to have a good understanding of benefit law and tribunal procedure. It is for this reason that a bad representative can do more harm than good. If you are represented, a tribunal is not required to address certain issues unless your representative raises them, but they would if you were unrepresented.

If you have a friend accompanying you to the hearing, tell the Clerk who will speak to you before the hearing that he/she is a friend and (if appropriate) would like to speak as a witness.

Best of luck

Derek

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13 years 2 months ago #43350 by Crazydiamond
helenmelon wrote:

Also does telephone support count as supervision through the night. I often spend a long time talking to friends or help lines like the samaritans sane line etc. on the phone to settle me in the night just wondering if this would be permissable evidence for middle rate care


Unfortunately any attention/supervision over the telephone, no longer counts for DLA purposes.

There was a Commissioner's decision supported by the Court of Appeal almost eleven years ago now (CDLA/1148/1997 [2nd decision]), where the assistance gained over the telephone led to an award of the middle rate of the care component. However, following the decision the government changed the law to determine that the attention/supervision had to be carried out in the presence of another person, which would invariably be a carer. Although I have a copy of this decision, I cannot upload it to the forum, and the second decision does not appear to be available on the internet.

There is however another Commissioner's decision which you may find useful, and may meet your circumstances for night time care needs. The decision in question is CDLA/12912/1996 which can be found by scrolling down the list, which is in chronological order on the Rightsnet website.

Even if you live alone, as strange as it may seem, you may still be able to benefit from this decision if you can demonstrate that you reasonably require the help as needed, with disturbed sleeping patterns.

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

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13 years 2 months ago #43360 by Derek4
I suppose that explains why 'the presence of another person' pops up so frequently in ESA.

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