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No ein no feeadvice
- Annt
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5 years 11 months ago #218713 by Annt
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My daughter has been awarded 0 points on her DLA to PIP claim. We are going for Mandatory Consideration and have spoken to a solicitor who offers a no win no fee service. He has suggested that we don't send in any detailed explanation but to save it for the Appeals tribunal.
I am concerned on a number of levels: 1] Is it a disadvantage to go to tribunal with a legal rep?
2] Is his advice the correct way or should we send in our detailed response for Mandatory reconsideration as to how the descriptors seem to have been ignored in the assessor's report. For example the report says that she can manage budget decisions whereas the fact is that she cannot do this without intensive help.That is just one example of many inaccuracies/lies!
My daughter has suffered with a bi-polar condition and been unable to work for over 20 years. I am her appointee
I am concerned on a number of levels: 1] Is it a disadvantage to go to tribunal with a legal rep?
2] Is his advice the correct way or should we send in our detailed response for Mandatory reconsideration as to how the descriptors seem to have been ignored in the assessor's report. For example the report says that she can manage budget decisions whereas the fact is that she cannot do this without intensive help.That is just one example of many inaccuracies/lies!
My daughter has suffered with a bi-polar condition and been unable to work for over 20 years. I am her appointee
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- Gordon
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5 years 11 months ago #218716 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No ein no feeadvice
Annt
1. Do they have experience of Social Security appeals? This is a specialist area and it would be unusual for a solicitor to have experience of this unless they are regularly involved in these appeals. Have you asked for relevant references?
2. It depends on your strategy and whether you have a realistic prospect of overturning the Decision at the MR stage? Revision rates at MR are low but they do happen and we are seeing more B&W members being successful at this stage.
If you just go through the motions with the MR then it's very unlikely that the Decision is going to be revised and you will have to go onto appeal, current wait times across most of the country are at least nine months and increasing, this is a long time to go without any payments.
You also have the option of making a new claim for PIP, there is no waiting time but you will need to consider the reasons that she failed this time to avoid doing so again.
Have you requested a copy of the assessment report?
Gordon
1. Do they have experience of Social Security appeals? This is a specialist area and it would be unusual for a solicitor to have experience of this unless they are regularly involved in these appeals. Have you asked for relevant references?
2. It depends on your strategy and whether you have a realistic prospect of overturning the Decision at the MR stage? Revision rates at MR are low but they do happen and we are seeing more B&W members being successful at this stage.
If you just go through the motions with the MR then it's very unlikely that the Decision is going to be revised and you will have to go onto appeal, current wait times across most of the country are at least nine months and increasing, this is a long time to go without any payments.
You also have the option of making a new claim for PIP, there is no waiting time but you will need to consider the reasons that she failed this time to avoid doing so again.
Have you requested a copy of the assessment report?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- keeptrying
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5 years 11 months ago #218717 by keeptrying
Replied by keeptrying on topic No ein no feeadvice
sorry to be so sceptical - but if the solicitor is on a no win no fee basis - then they have a huge incentive to get it to the tribunal level
personally I think you should try your best for the MR, first
as Gordon says, although turn arounds are rare, they DO happen, and it is always worth trying, since you have to go through the process anyway
personally I think you should try your best for the MR, first
as Gordon says, although turn arounds are rare, they DO happen, and it is always worth trying, since you have to go through the process anyway
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- Annt
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5 years 11 months ago #218726 by Annt
Replied by Annt on topic No ein no feeadvice
Yes I have the assessors report. On many of the descriptors ir says she has "no signs of cognitive impairment" and so can do the task in the descriptor. It does not seem to have taken account of her condition of bi-polar with it's varying moods etc which make many of the tasks impossible for most days.
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5 years 11 months ago #218727 by Annt
Replied by Annt on topic No ein no feeadvice
yes I recognise that he has an incentive to get to Tribunal level but I also think he won't take on the appeal without believing he can succeed - this is where he earns his money! he claims to have done many appeals with close on 100% success and has testimonials on his website which I know could be his friends!
I am worried that if we send in a full explanation of her situation at the Mandatory Reconsideration it might mean that the comments in there are useless at appeal as they have already been considered. We followed the advice on Benefits and Work in filling the original application which seems to have been completely ignored.
I am worried that if we send in a full explanation of her situation at the Mandatory Reconsideration it might mean that the comments in there are useless at appeal as they have already been considered. We followed the advice on Benefits and Work in filling the original application which seems to have been completely ignored.
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- Gordon
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5 years 11 months ago #218736 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No ein no feeadvice
Annt
Evidence does not expire nor does it only have one use, whether at MR or appeal you are arguing against the views of the Decision Maker, the Tribunal panel will start from scratch when they look at the information available.
Gordon
Evidence does not expire nor does it only have one use, whether at MR or appeal you are arguing against the views of the Decision Maker, the Tribunal panel will start from scratch when they look at the information available.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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