My request for an appeal postponement has been rejected - where can I go from here?

karenanne
karenanne Community member Posts: 1 Listener
edited June 2017 in Benefits and income
hi ive had my appeal date through, my representative whom was coming with me, is unavailable on 2 days of the week, one being the day of my appeal. so my rep told me to ring the courts and explain, so i did, and the courts told me to put it in writing and will be given to the judge. Ive now had a letter from the courts saying that my request for a postponement has been rejected, myself and my carer are not very good at speaking up for ourselves where can i go from here, please can anyone help or has anyone been in this situation?
Thank you very much in advance.

Comments

  • Liam_Alumni
    Liam_Alumni Scope alumni Posts: 1,088 Empowering
    Hi @karenanne,

    Welcome to Scope's online community! It's great to have you here.

    I'm sorry to hear about the problems you've been having with your appeal. I've moved this discussion to our Ask a Benefits advisor category, where @BenefitsTrainingCo may be able to advise.
  • Matilda
    Matilda Community member Posts: 2,592 Championing
    Hi @karenanne

    The courts ask appellants to advise them in advance of dates they would be unavailable to attend.  Did you do this?
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Trailblazing
    Hi @karenanne

    Matilda is correct .. do you know if the rep noted on the SSCS1 form (the appeal that lodged the request for an appeal) that they were unavailable on the dates they are not in the office? If so, then there could be good grounds to go back asap to HMCTS and raise a complaint saying that the availability of the rep was not taken into consideration and is affecting your access to representation and having a 'voice' at the appeal. Hopefully your rep will take this on for you.
    If these dates were not noted on the form then the Judge can allow the appeal to go ahead as they really want to hear from you rather than a representative (which I know doesn't help your situation). If this is the case, then see if your rep could write a 'submission' which is your response back to the points raised by the DWP in the appeal 'bundle' (the stack of creamy papers that you should hopefully have). A copy of this submission should be sent to HMCTS so that the Tribunal can read about your reasons why you should have PIP.
    You could then use this 'submission' as your reminder sheet when you are at the Tribunal hearing. It can help you to make sure you cover all the things you want to say about your condition and how your condition fits into the different 'points' that need to be scored to get entitlement to PIP.
     You could also see if there are any advocacy groups in your area that can go along to provide you with support through the hearing (although they may not speak on your behalf).
    Although it doesn't help much, and I completely understand the fear that people have about the whole tribunal process, the hearing is not held in a formal court room, like you imagine from the television. The will be 3 people on the panel who should be there to help look into your potential entitlement - not there to catch you out.
    I hope you manage to get the help you need and the outcome you want at the hearing,
    Good luck,

    Laura

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