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Appeal advice: fairly urgent
- Alpro Cherry
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2 days 23 hours ago #309489 by Alpro Cherry
Appeal advice: fairly urgent was created by Alpro Cherry
Hello
As always thank you in advance.
I’m compiling my daughter’s PIP appeal.
Is there meaningful benefit to having an in person appeal hearing rather than a telephone one? (Not talking about paper based as totally understand your advice that this the least favourable option).
Would a telephone one be quicker in terms of wait time?
Should I include all evidence, including any case law at the outset? Or is there an advantage to awaiting DWP’s bundle and holding something back until after that?
Is it worth getting assessment recording transcribed? There are some discrepancies in the recording vs report but they are not major.
As her Representative, what exactly can I do? Can I speak for her - at times, in addition to her speaking for herself - and can I make phone calls etc without her giving prior permission??
Thank you
As always thank you in advance.
I’m compiling my daughter’s PIP appeal.
Is there meaningful benefit to having an in person appeal hearing rather than a telephone one? (Not talking about paper based as totally understand your advice that this the least favourable option).
Would a telephone one be quicker in terms of wait time?
Should I include all evidence, including any case law at the outset? Or is there an advantage to awaiting DWP’s bundle and holding something back until after that?
Is it worth getting assessment recording transcribed? There are some discrepancies in the recording vs report but they are not major.
As her Representative, what exactly can I do? Can I speak for her - at times, in addition to her speaking for herself - and can I make phone calls etc without her giving prior permission??
Thank you
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- latetrain
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1 day 18 hours ago #309536 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Appeal advice: fairly urgent
Hi Alpro Cherry
I will try and answer your questions:
1) Is there meaningful benefit to having an in person appeal hearing rather than a telephone one? (Not talking about paper based as totally understand your advice that this the least favourable option). Answer: It depends on the person, with face to face the panel can read body language of the claimant, we would advise not to take additional medication to get through the ordeal as it will against you.
2) Would a telephone one be quicker in terms of wait time? Answer: I have not noticed any difference between a face to face and a telephone
3) Should I include all evidence, including any case law at the outset? Or is there an advantage to awaiting DWP’s bundle and holding something back until after that? Answer: I would include everything at the outset, if you use case law, make sure it is relevant, DWP will some times contact claimants and make an offer, you do not have to accept the first offer, you can fight your corner for a higher award if you can back it up with evidence.
4) Is it worth getting assessment recording transcribed? There are some discrepancies in the recording vs report but they are not major. Answer: Unless there are any major discrepancies, I don't see the benefit, I would just point out the error(s) in the report and WHY it is an error, the why part is the important part.
5) As her Representative, what exactly can I do? Can I speak for her - at times, in addition to her speaking for herself - and can I make phone calls etc without her giving prior permission?? Answer: As her representative there is not much you can do without her being with you under data protection, if you were her appointee then you have more rights, see: www.gov.uk/become-appointee-for-someone-claiming-benefits
Gary
I will try and answer your questions:
1) Is there meaningful benefit to having an in person appeal hearing rather than a telephone one? (Not talking about paper based as totally understand your advice that this the least favourable option). Answer: It depends on the person, with face to face the panel can read body language of the claimant, we would advise not to take additional medication to get through the ordeal as it will against you.
2) Would a telephone one be quicker in terms of wait time? Answer: I have not noticed any difference between a face to face and a telephone
3) Should I include all evidence, including any case law at the outset? Or is there an advantage to awaiting DWP’s bundle and holding something back until after that? Answer: I would include everything at the outset, if you use case law, make sure it is relevant, DWP will some times contact claimants and make an offer, you do not have to accept the first offer, you can fight your corner for a higher award if you can back it up with evidence.
4) Is it worth getting assessment recording transcribed? There are some discrepancies in the recording vs report but they are not major. Answer: Unless there are any major discrepancies, I don't see the benefit, I would just point out the error(s) in the report and WHY it is an error, the why part is the important part.
5) As her Representative, what exactly can I do? Can I speak for her - at times, in addition to her speaking for herself - and can I make phone calls etc without her giving prior permission?? Answer: As her representative there is not much you can do without her being with you under data protection, if you were her appointee then you have more rights, see: www.gov.uk/become-appointee-for-someone-claiming-benefits
Gary
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- Alpro Cherry
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1 day 10 hours ago #309541 by Alpro Cherry
Replied by Alpro Cherry on topic Appeal advice: fairly urgent
Many thanks Gary
Just a further query- the errors in the assessment report are things like “stated she was confident in face to face interactions at work”, when in reality she stated that she was confident with kids and parents but needed regular support from employer and myself with managing relationships with colleagues.
And “stated she needed support with managing health due to poor timekeeping”, when in fact she stated many other reasons for needing support as well.
And report stated repeatedly that she was able to focus and answer all questions etc when in reality she used written prompts and was verbally prompted by me often. I stated at the beginning of the assessment that she was using written prompts and- but this is not on the Capita recording! But the verbal prompting is, as is me telling the assessor that she was lying down at times, had her head in her hands at times, and that she was using fidgets to quell anxiety.
What do you think? Should i transcribe??
Also, regarding me being her Representative, can I talk in the hearing freely or must I wait to be asked questions etc??
Many thanks
Just a further query- the errors in the assessment report are things like “stated she was confident in face to face interactions at work”, when in reality she stated that she was confident with kids and parents but needed regular support from employer and myself with managing relationships with colleagues.
And “stated she needed support with managing health due to poor timekeeping”, when in fact she stated many other reasons for needing support as well.
And report stated repeatedly that she was able to focus and answer all questions etc when in reality she used written prompts and was verbally prompted by me often. I stated at the beginning of the assessment that she was using written prompts and- but this is not on the Capita recording! But the verbal prompting is, as is me telling the assessor that she was lying down at times, had her head in her hands at times, and that she was using fidgets to quell anxiety.
What do you think? Should i transcribe??
Also, regarding me being her Representative, can I talk in the hearing freely or must I wait to be asked questions etc??
Many thanks
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- latetrain
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20 hours 58 minutes ago #309557 by latetrain
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by latetrain on topic Appeal advice: fairly urgent
Hi Alpro Cherry
Have you written your submission for your daughters Appeal.
I would write it in your submission about the assessors opinion which is not based on fact and then explain what took place as you described above.
As to being a representative, I have attended many appeals, at the beginning I am often asked what we are looking for, I usually reply what we have stated in the submission and then it is all about the claimant, now and again I am asked to clarify something and then at the end I am asked if I want to add anything.
At my last tribunal my client wrote an impact statement on how her condition affected her on a daily basis just in case she was overwhelmed with everything. The impact statement was very well written, but was not used in the end.
Gary
Have you written your submission for your daughters Appeal.
I would write it in your submission about the assessors opinion which is not based on fact and then explain what took place as you described above.
As to being a representative, I have attended many appeals, at the beginning I am often asked what we are looking for, I usually reply what we have stated in the submission and then it is all about the claimant, now and again I am asked to clarify something and then at the end I am asked if I want to add anything.
At my last tribunal my client wrote an impact statement on how her condition affected her on a daily basis just in case she was overwhelmed with everything. The impact statement was very well written, but was not used in the end.
Gary
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