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first tier appeal
- catwomen
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12 years 11 months ago #81550 by catwomen
first tier appeal was created by catwomen
HI there
I at the moment get the low rate dla i appealed against this to try and get the middle rate as i need more help in the day and at night and it has been refused what do i do now
I at the moment get the low rate dla i appealed against this to try and get the middle rate as i need more help in the day and at night and it has been refused what do i do now
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 11 months ago #81551 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:first tier appeal
How long is it since your First-tier Tribunal Appeal decision ? Did you ask the FTT for a written reason for their decision ?
If you let me know the answers to my questions above, then I or one of the other moderators will advise you how to proceed further.
If you let me know the answers to my questions above, then I or one of the other moderators will advise you how to proceed further.
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
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- Gordon
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12 years 11 months ago #81552 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:first tier appeal
catwomen wrote:
However, if you have already done this and been refused by a First Level Tribunal, then you can omly appeal to the Second Level Tribunal if you can show that there has been a Error or Law. See
What is an Error of Law?
As a first step you need to request a Statement of Reasons from the court. See
Tribunals – Requesting a Statement of Reasons
It is worth doing this even if you subsequently decide not to pursue the issue further as it will allow you to understand why your appeal failed.
Whether you appeal or not, you can ask for a Suppersession of your currrent claim on th basis that you condition has deteriorated, but you should read the following FAQ.
Is there any risk to challenging a decision?
Our DLA claim guides are available on the following link
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
Gordon
If you have been turned down by the DWP following a Reconsideration, you can appeal to the First Level Tribunal.HI there
I at the moment get the low rate dla i appealed against this to try and get the middle rate as i need more help in the day and at night and it has been refused what do i do now
However, if you have already done this and been refused by a First Level Tribunal, then you can omly appeal to the Second Level Tribunal if you can show that there has been a Error or Law. See
What is an Error of Law?
As a first step you need to request a Statement of Reasons from the court. See
Tribunals – Requesting a Statement of Reasons
It is worth doing this even if you subsequently decide not to pursue the issue further as it will allow you to understand why your appeal failed.
Whether you appeal or not, you can ask for a Suppersession of your currrent claim on th basis that you condition has deteriorated, but you should read the following FAQ.
Is there any risk to challenging a decision?
Our DLA claim guides are available on the following link
www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaclaims
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
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