Absinthekitty wrote: Hello, I have had DLA refused for my son with hypermobility, I sent a letter contesting the decision after the first refusal. I have now recieved letter saying the case is going to tribunal. Will my son be expected to attend? He gets upset as it is with it all, and I would hate for him to feel worse about himself and demotivated. I have also read that you can have people either go with you or represent you, can you adive on this at all? As this may help calm my son.
Thanks
Hi,
Although we cannot give specific advice on a case, in general if you are acting on behalf of your son, you do have a few options.
The first option is to request what is called a 'Paper Appeal' which is where the tribunal panel go through the paperwork evidence again (without the need for anyone to attend) and reach a decision on the claim based paperwork evidence submitted. However we do not generally advise this course of action because it does not give the panel the chance to see or ask questions of the appellant which maybe useful in determining the claim. Also statistics show there is less chance of a satisfactory outcome from a paper appeal, as opposed to an 'oral' appeal where the appellant/representative/parent etc does actually attend.
Although you have not stated your sons age, in general at an oral appeal it would be ideal for your son to attend with a parent. This gives the panel a chance to see your son and, probably subject to his age/mental capacity etc ask either him or yourself questions to help them reach a decision. If you can get a Welfare Rights Adviser to attend to represent yourself and son so much the better.
If you are certain that your son cannot attend, then you may attend on his behalf (either with or without a representative) and the panel can ask you questions. However as this does not give the panel chance to either see or ask questions of your son the outcome may not be as good as if your son had attended as the panel are having to rely on your interpretation of his needs.
However without seeing your son or seeing his claim paperwork etc it is difficult, if not impossible, to say which option maybe best for him. Hence it would be advisable for you to obtain some face to face advice from a Welfare Rights Agency/CAB/Law Centre/DIAL etc. The adviser can then determine which course of action maybe more appropriate for your son's appeal.
Please see the following:
Where to get advice? which shows where it maybe possible to get advice and representation from.
Pete
