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DWP have rejected my tribunal appeal!!!
be6789
Member Posts: 4 Listener
I sent of an appeal for the tribunals and I have got the massive log to find DWP have asked the tribunal to reject the appeal. Can the tribunal make a different decision???
Replies
In any appeal both sides will present their case. Appeal courts are independent and will decide for themselves. As long as your appeal focusses on why you disagree with the DWP decision based on the criteria it is unlikley that it will be automatically rejected.
As an individual I stood alone.
As a member of a group I did things.
As part of a community I helped to create change!
The DWP objected to my appeal, I attended a hearing, there was no DWP rep, and I won my appeal. 65% of appeals succeed.
Good luck with your appeal.
Disability Rights UK site sell a Handbook which has an informative section on appeal hearings. Price £15.
When k first got the claim I got 29 Points& in my reassement I only got 1
they think bevsuse i can now drive and have a job im capable of doing thing s baring in mind it took 8 times to pass my driving test!
I have a lofe long condition which they don’t understand - to this day they aren’t trained professionals!! all they do is lie on the reports.
I gave rave reasons why I want to appeal and in the massive log they sent me the person who looked at it said ‘I agree with all the descriptors that she is appealing agaisnt’
Will the courts look at this and take it in consideration? There is eveidence we sent in when I first claimed in 2014 letters from 2003 stating what my condition is.
I have my carers as my representative who knows fully about my condition
A conplsint to the DWP about the medical qualifications of the DM is also completely misdirected. They don't need qualifications to weigh evidence and make decision and they never have and it's easy to forget that thousands of people do get PIP correctly.
A complaint to the provider is generally much more valuable if there's something to complain about.
I have a daughter with autism and so understand confusion and frustration.
Yes the appeal court will look at the decision and what the dwp has to say, but they will also look at the medical evidence, paper evidence and your evidence on the day. They will then make their own mind up.
The general percentage for success at appeal is 65%, but this is an average including those who appear at the appeal and those who opt for a paper decision and do not attend. The success rate tends to be a lot higher those who attend.
As has been explained though this is not going to happen quickly and at the moment I am far more concerned about your mental health. I would tell you not to worry about this, but know the chances are you will.
Please know that as a community we are here for you and will support you as best we can. We have a number of members with ASD who will fully understand how you are feeling. We also have a number of advisors who may be able to help you.
This sounds a little vague, but things I would ask you to talk to your doctor or with us if you are not sure, these include
It starts affecting your sleep: sleep is essential for a number of reasons, lack of sleep can make it more difficult to cope in general and can focus your mind on the wrong things.
Loss of appetite: this can be caused by a number of reasons, stress, anxiety and depression but can also increase the symptoms to these conditions. If it lasts long enough it can have a number of effects on your body, coping functions and even brain chemistry. It is important you keep eating a healthy diet even if you don't feel like it.
Dark thoughts: these include feelings of suicide or hurting yourself, becoming focussed on feeling worthless and obviously what will happen if you don't win your appeal while it would have a huge affect on your life it would not be the end and we can help you with what to do next.
Anything that you are not sure about or would just like to talk about. This could be anything from things that you are interested in, would like to know more about or just something that nice that has happened.
If you would like to include someone in a discussion or get a response from just add @ in front of their name and they will get a notice that you have included them. Unfortunately at the moment it is the best way to get my attention.
Take care of yourself.
As an individual I stood alone.
As a member of a group I did things.
As part of a community I helped to create change!