GIVING UP DLA APPEAL

I don 't know what to do .My appeal process has been a disaster from the start.i suffer from anxiety,depression,osteoarthritis, In sept.2008 my dla was down graded from middle rate care to lower rate,after may months it finally went to tribunal,i went may this year it was adjourned for E.M.P.report,in july igot date off appeal mixed up,my Rep was told they would go ahead without me and i would lose all my D.L.A.so she with drew my appeal,Igot it reinstated but next appeal adjourned again my Rep did not get notified of date so did not attend also judge said my papers were in a mess and had to be re numbered and resent to parties involved, also said he was not aware i had been on higher rate .igot new date in NOV,but did'nt get my appeal papers,phoned and got them sent out,but my REP has not received any thing,asa result can not make appeal date and she feels if i get same judge again i will lose.How can a E.M.P. report be classed as evidence yet own doctor letters are not.i do not know what to do feel like giving up.

This is an outrageous statement

,"my Rep was told they would go ahead without me and i would lose all my D.L.A.so she with drew my appeal"

Your rep was told by a tribunal they would proceed in your absence and dismiss your case ???

yes and when they sent new papers to me also included was judges record of procedings which states what was said .

I am tempted to suggest you take back control of your own case because if your rep has allowed you to be trod on like that I don;'t think much of it

My comments are based on the limited information you provide

If that outrageous statement was minuted in a tribunal record then it needs to be brought to the attention of the Regional Chairperson/President of Tribunals (not sure of their official titles these days, Im long out of that loop)

You need to be asking for a different tribunal judge as well as complaining.

The statement of the tribunal judge would on the face of it seem to me a breach of natural justice, so much unfairness and menace being implied within it

You need to establish as well

a) all the evidence is together
b) a hearing date
c) and attend.
d) with your own doctors evidence in a letter and hopefully it addressing the pertinant issue, in the sense of the disability concerned in your case

\If you rthink your rep is not uo to advocating your interests in an effective manner and is too shy of fighting your corner, you need either to find another representative or seek to do it yourself, with the help of the guides on this site

tashas wrote:

I don 't know what to do .My appeal process has been a disaster from the start.i suffer from anxiety,depression,osteoarthritis, In sept.2008 my dla was down graded from middle rate care to lower rate,after may months it finally went to tribunal,i went may this year it was adjourned for E.M.P.report,in july igot date off appeal mixed up,my Rep was told they would go ahead without me and i would lose all my D.L.A.so she with drew my appeal,Igot it reinstated but next appeal adjourned again my Rep did not get notified of date so did not attend also judge said my papers were in a mess and had to be re numbered and resent to parties involved, also said he was not aware i had been on higher rate .igot new date in NOV,but did'nt get my appeal papers,phoned and got them sent out,but my REP has not received any thing,asa result can not make appeal date and she feels if i get same judge again i will lose.How can a E.M.P. report be classed as evidence yet own doctor letters are not.i do not know what to do feel like giving up.

I think the first thing to consider is changing your representative if you can. Your current rep appears to be more of a hindrance than a help?

I take it from your post that you are still awaiting a new date for your appeal hearing. Have you seen a copy of the EMPs report and if so, was it favourable to your case? Don't be disheartened however, because your doctors letters are evidence and so is anything you say at the hearing, so if the EMPs report is unfavourable, if you continue with the same rep or another rep or even if decide to go ahead with the appeal by yourself, the EMPs report can be challenged for any deficiencies. The tribunal are not duty bound to accept the EMP's report.

Your appeal seems to have been handled in an extremely shoddy way by all concerned for which there is no excuse, but ultimately it is up to you whether you wish to proceed with the appeal?

i got appeal date for 12 NOV.REP did not get notified and she can not make that date.about E.M.P. report,can hardly make out writing,did phone to see if they could type script got told they do not do that.there are a few points in report i disagree with also my doctor wrote a letter stating because of mental health problems i do not give a good account of myself.i also was told at last appeal i needed legal rep.