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Advice on paper appeal

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10 years 10 months ago - 10 years 10 months ago #105178 by Billy
Advice on paper appeal was created by Billy
Hi
I failed the reconsideration stage and is now going to appeal.
The DM has stated on section 5 the response that I have significant difficulty in walking, he has accepted that I have difficulty walking 10- 15m, and that is the reason why I cant go for a oral appeal hearing, and why Iam so uptight when it comes to wfi ,how on earth am I going to be able to attend a wfi.
All I have got is the sound advise from you guys, I dont have any one else
Is there any advise available on how to go about this in the proper manner
Also on the facts of the case the DM stated I appealed on the grounds that the following descriptors applied
It was about mobilising standing and sitting, because I appealed those does that mean I can only respond to those or can I respond to everything
Last edit: 10 years 10 months ago by Gordon.

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10 years 10 months ago #105180 by Gordon
Replied by Gordon on topic Advice on paper appeal

Bud wrote: Hi
I failed the reconsideration stage and is now going to appeal.
The DM has stated on section 5 the response that I have significant difficulty in walking, he has accepted that I have difficulty walking 10- 15m, and that is the reason why I cant go for a oral appeal hearing, and why Iam so uptight when it comes to wfi ,how on earth am I going to be able to attend a wfi.
All I have got is the sound advise from you guys, I dont have any one else
Is there any advise available on how to go about this in the proper manner
Also on the facts of the case the DM stated I appealed on the grounds that the following descriptors applied
It was about mobilising standing and sitting, because I appealed those does that mean I can only respond to those or can I respond to everything


I feel obliged to make you aware that the success rate for a Paper hearing is about 1/4 that of an Oral hearing, so if there is any way that you could attend, it would likely to be to your advantage.

If you do request a Paper hearing then you will have one month from the date on the letter accompanying your appeal papers to make a submission and supply evidence, the period may be longer, but as you are not notified of when a hearing will be convened you cannot rely on this.

Have a look at the following that cover preparing for a Tribunal and are equally applicable to a Paper hearing as an Oral one

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

A Tribunal remakes the original Decision, so just because the DM looked at the Mobilising and Standing and Sitting descriptors, does not mean that you are limited to these at an appeal, obviously if you refer to a descriptor that was not mentioned on your ESA50, then you should expect this to raise questions with the panel, but otherwise it should not be a problem.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Billy, Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 10 months ago #105187 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Advice on paper appeal
I totally agree with Gordon, no matter which benefit you are appealing, be it IB/ESA or DLA/PIP.

As a former Social Security Appeal Tribunal Member, with a paper hearing you chances of success as opposed to an oral hearing are as Gordon has stated.

If you feel unable to attend an oral hearing, then there is a possibility of the Tribunal hearing being held in your home called a 'domiciliary hearing'. But you would need strong evidence from your GP and/or Consultant to prove that you are unfit to attend an oral hearing.

Based on my experience, 'domicilary hearings' are extremely rare.

In the 10 years I sat on DLA Tribunals, I can only recollect sitting on about 4-5 domiciliary hearings.

You should try your best to have an oral hearing where the Tribunal can listen to you explain about your problems. If you chose a 'paper hearing', then the Tribunal can only consider what's in your case bundle.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Billy

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10 years 10 months ago #105248 by Billy
Replied by Billy on topic Advice on paper appeal
Hi
Jim
Iam afraid it will be a paper hearing
As you sat as on a tribunal panel could you give me an insight on what the panels likes and dislikes are, ie; do they like the information condensed, and to read the whole story from the papers that I will forward

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10 years 10 months ago - 10 years 10 months ago #105265 by Billy
Replied by Billy on topic Advice on paper appeal
Hi Gordon I have just noticed in my appeal bundle they have not enclosed the ESA56
is this relevant as Iam appealing wrag to support group
Last edit: 10 years 10 months ago by Gordon.

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  • Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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10 years 10 months ago - 10 years 10 months ago #105267 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Advice on paper appeal

Bud wrote: Hi
Jim
Iam afraid it will be a paper hearing
As you sat as on a tribunal panel could you give me an insight on what the panels likes and dislikes are, ie; do they like the information condensed, and to read the whole story from the papers that I will forward


I only sat on DLA Tribunals. However, I can assure you that ALL Tribunal Panel Members are independent of the Dept of Work & Pensions (DWP) with all members being appointed by the Minisitry of Justice since a Tribunal is a 'Court of Law', albeit an informal one.

Tribunal Panels shouldn't have likes & dislikes, their job is to hear all appeals be they oral or paper hearings based on the evidence before them. A failure to do so would be a breach of 'natural justice' which equates to 'fair play at work" Theses are the seven rules for Public Office Holders, which includes Tribunal Members :

Selflessness : Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family, or their friends.

Integrity: Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.

Objectivity : In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit.

Accountability : Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness : Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands.

Honesty : Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership : Holders of public office should promote and support these principles by leadership and example.

PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 10 months ago by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law). Reason: Corrected typo
The following user(s) said Thank You: Billy

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