How can the DWP be allowed to stop the severe disability premium when someone is transferred to UC ?

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  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing
    Stickman said:
    OK, I've had a letter from the HMCTS to say that they have received my appeal.  In that letter it says "If you have a representative, you may wish to show them this letter".

    Where do I get a representative from and should it be someone with authority such as a local counsillor?

    The letter also states - "If your appeal does go to Tribunal" does this mean there is a chance that it won't go to Tribunal?

    Hi,

    No a councilor would most likely not have a clue about the benefit system and what ESA and PIP is all about and neither would they know anything about case law. You need someone from welfare rights or a law centre to represent you. Even with a rep you will need to do all the talking and answer the question yourself. See link to check what's in your area.

    Sometimes people are offered an award by DWP to try to stop them going to Tribunal but this is rare and i wouldn't expect this to happen. Concentrate on having to appear in person is the best thing to do. Waiting times for hearings are a year in a lot of areas, some ares are more than a year in fact. If you ring HMCTS they'll tell you approximately how long the wait is for your area. Good luck.

  • Stickman
    Stickman Online Community Member Posts: 222 Empowering
    Why would the DWP to try to stop a case going to Tribunal, does it cost the DWP to take a case to tribunal?

    I have now received information facts sheets on what to expect at the tribunal.  Does this guarantee a hearing?


  • poppy123456
    poppy123456 Online Community Member Posts: 64,458 Championing
    The reason is because they don't think you're entitled to claim it. They're opposing the request, it doesn't mean anything. A Tribunal will not be refused because DWP oppose it.

    You'll eventually receive a hearing date but this could be as long as 1 year because backlogs in most areas are huge.

    You can ring HMCTS and ask approximately how long the wait is in your area. Remember this is just a guide.

    No idea about cost, sorry.


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