Old IB appeal allowed

Thank you again, Jim.
My last attempt to get help in preparing my appeal to the Upper Tribunal was a dismal failure. Community Legal Advice said they could not help - too involved for them.

I went to see CAB, and the only person there was a chap from a solicitor firm touting for business. He himself said Welfare was not his "area". The solicitor firm wanted £800 just to prepare the basis of appeal. The solicitor that I saw (who I later discovered was in-training) at the firm also gave me misinformation. He told me that Benefits problems are not eligible for Legal Aid. I got home and checked and found that they were - though I did not qualify.

He gave me misinformation, so how could I trust him to prepare a good submission?

In the end, I did my own papers to the Upper Tribunal. Unless you are a junkie, a longterm near-do-well, recently-arrived, etc the ordinary person cannot get good advice let alone a timely appointment. My local Law Centre finally had its grant removed by the Council. Too many ordinary residents who had fallen on hard times could not get an appointment for months, and yet we saw a people attending who were clearly recent arrivals into the UK. Law Centre was set up decades ago to help ALL qualifying residents - but in fact saw only those who had not contributed penny to the Rates or even there own basic support.

Lida

Steve,

I believe more things than you think ARE possible. It's gotta be. I was continually told that there was no way I could reactivate an old claim but I did.

Surely it is relevant that two judges saw me just 7 weeks ago and upheld my appeal. My circumstances 7 weeks later have not changed so how can DWP want me to see them again? This can only be victimisation, not commonsense, and they're going to be on my back now for years.

I remember writing here about my IB that had been stopped in 2007 and the fact that I was out of time to pursue it. But pursue it I did and on the way found out that there is no support out there for people like me who started work at age 17 and stopped 30 yrs later due to ill health. The only assistance out there (and agencies clamouring to provide it) are for the recently-arrived, those who have made a career of shirking, the junkie and the repeat single mother.

Lida

Lida wrote:

Thank you again, Jim.
My last attempt to get help in preparing my appeal to the Upper Tribunal was a dismal failure. Community Legal Advice said they could not help - too involved for them.

I went to see CAB, and the only person there was a chap from a solicitor firm touting for business. He himself said Welfare was not his "area". The solicitor firm wanted £800 just to prepare the basis of appeal. The solicitor that I saw (who I later discovered was in-training) at the firm also gave me misinformation. He told me that Benefits problems are not eligible for Legal Aid. I got home and checked and found that they were - though I did not qualify.

He gave me misinformation, so how could I trust him to prepare a good submission?

In the end, I did my own papers to the Upper Tribunal. Unless you are a junkie, a longterm near-do-well, recently-arrived, etc the ordinary person cannot get good advice let alone a timely appointment. My local Law Centre finally had its grant removed by the Council. Too many ordinary residents who had fallen on hard times could not get an appointment for months, and yet we saw a people attending who were clearly recent arrivals into the UK. Law Centre was set up decades ago to help ALL qualifying residents - but in fact saw only those who had not contributed penny to the Rates or even there own basic support.

Lida

I am afraid I have to disagree with the last part of your post. Many citizens receive help with benefits advice and appeals, not just as you state "junkies, long term near-do-well, recently arrived etc".

I was a WRO for over 25 years, 10 years at Principal Officer Level, plus I served on Social Security Tribunals for 10 years, and I saw and gave many claimants help.

Jim

Lida wrote:

Steve,

I believe more things than you think ARE possible. It's gotta be. I was continually told that there was no way I could reactivate an old claim but I did.

Surely it is relevant that two judges saw me just 7 weeks ago and upheld my appeal. My circumstances 7 weeks later have not changed so how can DWP want me to see them again? This can only be victimisation, not commonsense, and they're going to be on my back now for years.

I remember writing here about my IB that had been stopped in 2007 and the fact that I was out of time to pursue it. But pursue it I did and on the way found out that there is no support out there for people like me who started work at age 17 and stopped 30 yrs later due to ill health. The only assistance out there (and agencies clamouring to provide it) are for the recently-arrived, those who have made a career of shirking, the junkie and the repeat single mother.

Lida

Steve, the site owner is quite correct, many IB/ESA claimants receive IB50 after successful appeals, especially if they relate to appeals for older claims.

Steve won't be able to reply to you until later in the week due to a family bereavement.

Kind regards.

Jim

Not in my area, Jim! The Law Centre recently shut down was often complained about. One of the founders of Hounslow Residents Group made a formal complaint because he and several residents were not able to get appointments because, we believe: (i) they sounded articulate on the phone, (ii) spoke good English, (iii) in constant employment until recently, (iv) British born.

About 15 yrs ago I did manage to get an appt; I have a foreign name which on this occasion stood me in good stead. I was kept waiting 20 mins then called in. Less than 10 mins into the mtg the law centre officer began to hurry up the mtg and began to say that he was running late and we would have to terminate very soon. I was given the bum's rush because in my view he felt I was not the needest of types.

This despite the fact that my rates helped to support the Centre, I had fallen on hard times and could not afford legal advice. I was eligible on grounds of residency and personal circumstances, but they clearly didnt want my type. The Law Centre was set up for those who cannot legal advice or representation.

My experience was 15 yrs ago .... just think what it must have been more recently.
I did hear of two longterm residents who were also denied access to the Law Centre.

Lida

Hi,

I don't think that I can add to what I've already said. I know the situation well on the lack of good welfare rights workers. Having worked in Slough for 4 years, I know Hounslow, and indeed did some of my training there and in Uxbridge, but now thankfully living in the Lake District again following my retirement in 2005.

However, the purpose of the forums is for us to offer advice and support, we cannot comment on individual cases, nor should we criticise others for their life style, because we don't know the full facts about them.

Many of us have personal prejudices, my personal one is smoking, as I have chronic asthma, severely affected by tobacco smoke. However, some members may be unhappy about your comments about "junkies, long term near-do-wells, recently-arrived and single parents", since the reasons for them being labelled as such is unknown to us.

There for the grace of God go I, springs to mind.

I hope you can accept my comments in the spirit intended.

Finally, I must remind all members, that the forums are provided as a courtesy and are not part of your subscription to access all our guides in the members only area.

Kind regards.

Jim