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dla appeal court date

kevin1964•

11 years ago•3 Replies

has anyone had to attend an appeal as in need of some advise of what happens as i suffer from copd and depression

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kevin1964

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Gordon5711 years ago

It depends what stage of appeal you mean. When you appeal it just goes back to the DWP for the decision maker to look at again. They may require you to be assessed by ATOS and then give you a revised decision. If you've got past that stage and are looking at a tribunal hearing then that's the same stage I'm at, and they've just phoned this morning to give me a cancellation date - next week

You should have had a bundle of paperwork from the tribunals service with all the documents in that will be used by the panel. They will look at doctors reports, your application, the DWP letters and any appeal letters to find out your reasons for asking them to consider your case. Usually they will have looked at these prior to the hearing itself, at their homes or whatever, so they have an understanding of the case. Take your copy of this bundle with you as they will refer to it and may ask questions about your appeal.

On the day, you will be asked to go over your reasons for appealing and why you think the DWP/ATOS were wrong in their decision. The panel will be made up of a variety of people, but there should usually be at least one who is medically qualified. The chair of the panel usually sits in the middle and will probably be a solicitor who knows about benefits. They work for the courts and tribunals service, not the DWP.

You can take someone with you for moral support and the DWP can send someone to explain their side of the case, but that's not always the case. The panel will listen to you, allow you to speak and then they will ask you to leave the room so they can make a decision. Usually you'll be called back in and they will tell you want they have decided, and why. This will be confirmed by letter.

I'm in one on Thursday next week, I've been to one before so have an idea what to expect. Above all, be truthful and don't be afraid to stress a point that is important in your claim, as with the application, make sure you don't talk about good days and being able to do things that you wouldn't normally tackle. I need to have a good day to even get to the tribunal but won't emphasise that to them.

Hopefully, they will have all the evidence to hand about your condition. This should include notes from your GP and consultant and anyone else you named in the application. A tribunal is the final stage, you don't get any right of appeal against their decision and would have to make a new claim (now PIP) to include any change in circumstances or condition since the original application.

Bear in mind that they can only look at your state of health etc. as it was at the time you applied, they cannot take into account any changes since then. Using an extreme case, if you originally applied for your COPD and have since lost a leg in an accident, they can't look at your appeal on the grounds that you can no longer walk as that was not the case on the date you signed the application form. That's why we're told to make a new application if something major changes

HTH

Bealings4811 years ago

as an ex social worker I would strongly advise that you take someone for support. The advice above is excellent. Focus strongly on your worst days (it might sound negative but that is what you need to promote to them. Never mention good days or what you can sometimes do. Only what you cant do.) Remember they dont know you so you have to tell them clearly what impacts on you negatively, how your life is disrupted, and how it affects your family.

Mary