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dla appeal

  • lisa
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12 years 5 months ago #70384 by lisa
dla appeal was created by lisa
hi everyone was wondering if anyone can help me my son is 18 yrs old and has been getting dla from being 8 with mental illness but when the reconsideration came through just before his 18th birthday we filled it all in with help from this site and was refused we have now appealed and asked for written paper because he really isn't up to be questioned only they have now adjourned it and asked for oral we are confused as to why because he really wouldn't handle a oral has this happened to anyone else that can advice me what we should do

many thanks

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12 years 5 months ago #70389 by Gordon
Replied by Gordon on topic Re:dla appeal
lisa wrote:

hi everyone was wondering if anyone can help me my son is 18 yrs old and has been getting dla from being 8 with mental illness but when the reconsideration came through just before his 18th birthday we filled it all in with help from this site and was refused we have now appealed and asked for written paper because he really isn't up to be questioned only they have now adjourned it and asked for oral we are confused as to why because he really wouldn't handle a oral has this happened to anyone else that can advice me what we should do

many thanks

The Tribunal panel obviously feel that it would be to your sons advantage if he attended the hearing.

The decision is yours, so you can still ask for a Paper hearing, however, you are 4-5 times more likely to win an Oral hearing.

An Oral hearing allows the panel to actually see how the claimant is and more importantly to hear, in their own words, how their disabilities affect them.

Gordon

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

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  • lisa
  • Topic Author
12 years 5 months ago #70397 by lisa
Replied by lisa on topic Re:dla appeal
thank you for your response we just worry because we don't think he can cope with the stress of a oral hearing he gets really stressed and agitated if he has to go to appointments or anywhere he has to have contact with strangers im at a loss as to what to do because we don't want him to miss out on get his dla reinstated do you think if i ask for it to be looked at again on paper explaining why it would help

lisa

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12 years 5 months ago #70399 by Gordon
Replied by Gordon on topic Re:dla appeal
lisa wrote:

thank you for your response we just worry because we don't think he can cope with the stress of a oral hearing he gets really stressed and agitated if he has to go to appointments or anywhere he has to have contact with strangers im at a loss as to what to do because we don't want him to miss out on get his dla reinstated do you think if i ask for it to be looked at again on paper explaining why it would help

lisa

It is possible for an Oral hearing to be heard without the claimant, if the claimant is a child and they would be distressed and/or not understand the prroceedings, in which case the panel will look to the parents to provide the testimony.

It may be possible, despite your sons age, for this accomodation to be made, you can try writing to the Tribunal Service, explaining your situation and asking if your son could be excused attending. If you wrote his DLA claim, it would be worth mentioning this, to show that you have a proper understanding of his condition, care and mobility requirements.

Good luck

Gordon

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  • lisa
  • Topic Author
12 years 5 months ago #70413 by lisa
Replied by lisa on topic Re:dla appeal
thank you for your information but i think in his interest it would be better for me to ask for it to be reheard as a paper because i don't think its at all fair all the stress this puts on him he is 18 but mentally hes 13 - 14 also when we received the decision for my son in with his letter was 3 other letters for other people with the tribunal decision should i send back to tribunal or forward to the people they were meant for

lisa

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  • pete17971
12 years 5 months ago #70417 by pete17971
Replied by pete17971 on topic Re:dla appeal
lisa wrote:

thank you for your information but i think in his interest it would be better for me to ask for it to be reheard as a paper because i don't think its at all fair all the stress this puts on him he is 18 but mentally hes 13 - 14 also when we received the decision for my son in with his letter was 3 other letters for other people with the tribunal decision should i send back to tribunal or forward to the people they were meant for

lisa


Hi,

I would return them to the originator with a covering letter pointing out their error!.

Pete

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