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Can you change a Representative once a PIP Appeal has been submitted

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1 year 8 months ago #279442 by jan
I have been reading online and several forums state that you don't need a solicitor to represent you at a Tribunal for a PIP appeal. Therefore, I will be representing my husband, the PIP claimant, at his lower-Tribunal. We have submitted all forms and evidence, and are now awaiting a hearing date. However, I would prefer if we could find someone well versed in appeals procedure and has lots of successful appeals under their belt to represent him at the Tribunal instead.

Questions:
1. Where can I find someone who could represent my husband at Tribunal?
2. If we do find someone more qualified to represent him, can they replace me at the Tribunal? How do we switch representation?

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1 year 8 months ago #279446 by LL26
Hi jan,

You can represent your husband, and certainly don't need to have a solicitor or benefits advisor. The tribunal system is designed for easy access, without the need for lawyers.
However if you wish to get professional help you might be able to find someone from a local advice centre - try looking here-
www.google.com/url?sa=t&source=web&rct=j...E7BgEPArJdb0IUlc2MGZ

If you do find someone, make sure you are clear what support is being offered and whether or not the advisor will be able to attend the hearing with you.
Basically all you need to do ( or your new representative should probably now do for you!) - is to write to the Tribunal service and say you will be represented by Mr X giving the address and contact details. Most advice centres have what's called a Form of Authority, which is basically a consent form. The advisor will ask your husband (if he has capacity) to sign this and then send a copy to the tribunal and another to DWP. Copies of all correspondence shoukd then be sent to both your husband and the representative. However, do check with each other that each of you have got the same documents as sometimes this doesn't happen.
After the consent forms sent , DWP/tribunal your representative can phone each organisation to discuss the case as required.

If you get a representative, you will still be able to attend the tribunal, and give evidence. Otherwise if you wish to remain as representative yourself, make sure your husband confirms this with DWP/tribunal, and then you too can liaise with them directly.
If your husband lacks capacity, or you are his appointee/have power of attorney then make this known, as you should already have the ability to speak or liaise on behalf of your husband. A representative , ie yourself or a professional one, can do anything that the claimant can do. This includes giving evidence.

I hope this helps.
LL26

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

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1 year 8 months ago #279447 by denby
One alternative who got a good result for another forum member some time ago, a genuine outfit, is Kester Disability Rights. It is a service that takes a part of any back pay if you win. But that is a small price to pay for the experience you are looking for, when it stands to win your husband the award long term. And the relief for you.

I have no connection with them myself, just passing on info. I will agree having done it twice for our daughter, that it is extremely nerve wracking representing a loved one oneself even if successful as we were. My husband sat at the back which helped, but although technically Tribunals are public the chair harshly questioned his presence before starting! And I got ticked off for speaking too much, even though daughter was sobbing too much sometimes to answer them. I do not think they would have been so rude to a suited-and-booted professional male. [And I was dressed smart formally]
Best wishes,
Denby

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