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Can they dismiss appeal?

  • claimant
  • Topic Author
13 years 1 month ago #77103 by claimant
Can they dismiss appeal? was created by claimant
Hi just a quick question.
I have been to CAB for help to put in an appeal,whilst talking to him he said that i had a weak case and that if he thinks it will not be successful he will terminate the appeal.
Can he do that?

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  • michaelg
13 years 1 month ago - 13 years 1 month ago #77107 by michaelg
Replied by michaelg on topic Re:Can they dismiss appeal?
claimant wrote:

Hi just a quick question.
I have been to CAB for help to put in an appeal,whilst talking to him he said that i had a weak case and that if he thinks it will not be successful he will terminate the appeal.
Can he do that?


Hi claimant

If you have signed a Letter of Authority for the CAB to act on your behalf, its possible they have decided to no longer act as your representative at appeal and your appeal could be withdrawn.

This question is better addressed to the manager of the CAB concerned. May I suggest that you do this without delay, as B&W are not party to this, we really can do no more than have guess at what has happenening here.

Kind regards

Michael
Last edit: 13 years 1 month ago by michaelg. Reason: spelling

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13 years 1 month ago #77108 by DRAGON2009
Replied by DRAGON2009 on topic Re:Can they dismiss appeal?
In my opinion you should never agree, verbally or in writing, for the rep to have advbance permission to withdraw your appeal.

It should always be up to ther advocate to decline to act and to leave it up tp the individual what to do in that event, and when the advocate declines to act they should explain why, and leave it to the client to decide.

The scenario painted here is that the client leaves the case with the advocate and if onme day the advocate thinks the case is a loser they will terminate the appeal without any further recourse to the client.

I'd say that was wrong. Never allow it to happen to you

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  • claimant
  • Topic Author
13 years 1 month ago #77111 by claimant
Replied by claimant on topic Re:Can they dismiss appeal?
Hi
thanks for that.Put it this way he says that i have no hospital intervention with my condition since bout 2004 but i have only been seeing GP,also my GP is a locum so he could not fill in forms sent from DLA dept and the doctor that did fill it in missed out parts on my care needs,not only that had DLA medical and the person whom i saw basically wrote what she wanted to on forms;my daughter attended with me and answered the questions, was
so depressed that day; anyway DLA stopped, so appealing.
I have now been to see doctor and basically have had x-rays.Anti-depressants upped significantly and have to see some one about anxiety attacks.

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  • michaelg
13 years 1 month ago - 13 years 1 month ago #77115 by michaelg
Replied by michaelg on topic Re:Can they dismiss appeal?
claimant wrote:

Hi
thanks for that.Put it this way he says that i have no hospital intervention with my condition since bout 2004 but i have only been seeing GP,also my GP is a locum so he could not fill in forms sent from DLA dept and the doctor that did fill it in missed out parts on my care needs,not only that had DLA medical and the person whom i saw basically wrote what she wanted to on forms;my daughter attended with me and answered the questions, was
so depressed that day; anyway DLA stopped, so appealing.
I have now been to see doctor and basically have had x-rays.Anti-depressants upped significantly and have to see some one about anxiety attacks.


Hi

May I suggest that you read through the B&W guides to appealing DLA, link below, if you are no longer getting help from CAB, the B&W guides should assist you to present your own case -

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

If already in receipt of DLA you should be aware that appealing, could lead to a current award being reduced or lost altogether.

Michael
Last edit: 13 years 1 month ago by michaelg. Reason: text changed

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  • claimant
  • Topic Author
13 years 1 month ago #77120 by claimant
Replied by claimant on topic Re:Can they dismiss appeal?
Thanks Michael and every one else for your in put.
He said that when i first went to see him bout two weeks ago.
With other evidence i hope that it will not come to that;i will however look at the link.

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