Appeal advice please

I have searched the site but can't find help with my query.

I had a medical for IB in January, In February I got the decision I had failed and my benefit stopped. I applied to DWP for SOR and sent my appeal in. Approximately 6 weeks later I sent my further evidence papers.

I had asked for an oral hearing to have my say on all the discrepancies and answers to questions I was not asked. Now I don't think I can cope with going to an appeal. The longer I wait the worse I feel about it. I already suffer from anxiety and it has been so much worse worrying about an appeal.

Can anybody advise me if it is possible to ask to change to a paper appeal?. I know the outcome of a paper appeal is less favourable but feel it will be best for my health.

If it is possible do I put my case on paper outlining all the untruths made by the medical practitioner.

Hi Feebs

You can switch to a paper hearing at any time by writing to the Tribunals Service to inform them. It would also be advisable to put anything you wish to say in a letter or submission so that the Tribunal can consider it.

I can tell you from my own experience that attending an appeal tribunal was not as daunting as I expected. It felt more like an informal discussion than a hearing. Perhaps if you have somebody to go with you it may help.

Whether you decide on an oral or paper hearing, please read the advice guides in the Incapacity Benefit members’ area (you need to look at the claims guide as well as the appeal guide) to get a good understanding of the Personal Capacity Assessment. Although your medical report contains a lot of untruths (everybody’s does), a lot of the untruths will not even be relevant to the legal test of incapacity. The guides should help you prepare your case.

Best of luck with your appeal

Derek

Thank you for your reply Derek. I will go through the guides like you have suggested and put down everything I want to say to the tribunal.

I couldn't face explaining everything to a stranger when I started my appeal so wanted my husband to represent me. He has no experience of this type of appeal, he is in health & safety and represents people who may lose their jobs.It is not ideal but he has a lot of experience of preparing cases for their hearings.

Thanks again.

Feebs wrote:

I have searched the site but can't find help with my query.

I had a medical for IB in January, In February I got the decision I had failed and my benefit stopped. I applied to DWP for SOR and sent my appeal in. Approximately 6 weeks later I sent my further evidence papers.

I had asked for an oral hearing to have my say on all the discrepancies and answers to questions I was not asked. Now I don't think I can cope with going to an appeal. The longer I wait the worse I feel about it. I already suffer from anxiety and it has been so much worse worrying about an appeal.

Can anybody advise me if it is possible to ask to change to a paper appeal?. I know the outcome of a paper appeal is less favourable but feel it will be best for my health.

If it is possible do I put my case on paper outlining all the untruths made by the medical practitioner.

Hi F,

You should be aware that opting for a paper hearing MAY result in a similar decision to that given by the DWP's Decision Maker who never sees claimants, but has to make their decision on the case bundle, as does a paper hearing by a Tribunal

Most appeals are not won because of any real new evidence on the day, but on what the appellant tells the Tribunal at an oral hearing.

You are of course allowed to change a scheduled oral hearing to a paper hearing, but if at all possible stick with an oral hearing.

Jim
former Social Security Appeal Tribunal Member.

Thank you for the advice Jim, I will yhink about it carefully.

Hi Feebs

Do you have anyone who could attend the tribunal and represent you in your absence? I am unsure if this is permisable at an IB Tribunals but I know this is acceptable at a DLA tribunal because I represented my son in his absence. His Consultant wrote to the Tribunal stating that recommending that my son did not attend as it would have a detrimental effect on his condition. He won his case.

Perhams Jim or one of the other moderators will advise you if representation in your absence is acceptable at an IB Tribunal.

Best wishes