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Appeal won before tribunal

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2 years 8 months ago #270205 by Astee
Appeal won before tribunal was created by Astee
Hi all, just wanted to share my experience in the hope it will give other strength and encouragement to proceed with an appeal.
I was awarded standard care and standard mobility. I felt I should have been awarded enhanced care, descision remained unchanged at the Mr stage. I wanted to go to appeal the the tribunal service, and approached my housing association for assistance. However, they advisor (provided by my housing associations' welfare team) really tried to discourage me from appealing saying that I could lose my award, and in turn any other entailment to other benefits related to my award, and said I should just accept the award and apply again once it ran out to try and get the enhanced rate. Really tried to scare me off appealing. Even told me to think about it for 24 hours and get back to him. He was very negative and if I'm honest seemed like he wanted me to not go through with it because he couldn't be bothered to help, rather than acting in my best interests. Anyway, I insisted I wanted to go appeal and so submitted my appeal myself, without any further input from him-I did not need that kind of negativity on my side. I stated my reasons, most of which were addressing the inaccuracies, omissions, assumptions and out and out lies in my descision makers report. And said what points I feel should have been awarded and why. Long story short, the DWP changed the descision, in my favour before going to tribunal-exactly what they could have done at the mandatory reconsideration. Moral of the story, if you feel strongly that you were given the wrong descision, you probably were! Stick to your guns. Seek help if you need it, but don't be afraid to speak up if you disagree with THEM also, and go elsewhere for support. Wishing everyone the best, and looking forward to a day where people get the help they deserve without having to fight tooth and nail for it!
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2 years 8 months ago #270211 by LL26
Replied by LL26 on topic Appeal won before tribunal
Hi Astee,
Thanks for sharing your story. No doubt this will inspire other readers. It is disappointing when advice agencies aren't very encouraging. I think it may reflect a lack of understanding or expertise concerning appeals. I am glad that you pursued your appeal and didn't give up. There are so many hurdles to jump, and perseverance is clearly key to success.
Well done.
LL26

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