PIP, DLA and AA
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I want to get legal representation for son's PIP tribunal

ginnyhumphreysginnyhumphreys Member Posts: 3 Listener
edited March 2018 in PIP, DLA and AA
My son Lowell was receiving DLA He was assessed for PIPS and they awarded him no points at all I accompanied him to a face to face assessment .He was receiving low rate mobility and middle for care. He sent off the mandatory appeal he did not receive their decision in writing which was to uphold their assessment and not award him PIPS. He has still not received confirmation and without this he cannot take his appeal to Tribunal We have a welfare rights officer in Croydon who has supported us so far but I would like to get legal representation for him. How can I go about this My son has been diagnosed with ASD . He is 35 and needs support in all of this He is really strolling to cope financially without his benefits. he lives in Crystal Palace and I live in East Dulwich. 
many Thanks

Replies

  • JennysDadJennysDad Member Posts: 2,308 Pioneering
    Hello Ginny @ginnyhumphreys and welcome to the forum. Glad to have you here.
    I'm not a benefits advisor, so cannot respond directly to your questions, but we have experts here who will be in touch with you in due course. Bear with us :smile:
    Your post is already in the Talk About PIP/DLA forum (the link is in the right hand column of links on the purple band lower down the screen) so it will be worth having a look through the posts already there. You may find something similar. Either way, we will get back to you.
    Warmest best wishes,
    Richard
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @ginnyhumphreys

    Recently a member on here recommended fightback4justice solicitors.
  • mikehughescqmikehughescq Member Posts: 5,968 Disability Gamechanger
    If you have a welfare rights officer what is it that you think they’ve not done that some kind of solicitor would fix? Getting a copy MR notice should be straightforward enough but there’s really nothing a solicitor can do on welfare benefits that a competent WRO can’t. Most solicitors only do benefit work of legally aided as charging people on fixed incomes is morally debateable at best and whilst some organisations have no choice but to charge it’s worth knowing that it doesn’t guarantee a better quality of advice and there is no overall regulation. Such organisations also cherry pick to some extent as if income is needed then you can’t afford to take on too many winnable cases which could or do lose.

    As regards the organisation mentioned by @Matilda they are a community interest company and not a solicitors practice. 

    People sometimes refer to themselves as benefit solicitors. If they’re not currently registered to practice then they’re not a solicitor. It’s easy enough to check online but again I’d come back to... what is it you think you’re missing?
  • ginnyhumphreysginnyhumphreys Member Posts: 3 Listener
    the WRO has requested a copy but to date( since october) it hasnt been received by my son. So he advised that we make a fresh application. Which we have dine . Im not sure weve got the best WRO so i wanted to make sure i was doing the very best i could for my son. 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @ginnyhumphreys

    Another member on here posted recently that they had found low-cost legal representation (solicitor) for a benefit claim through the organisation mentioned.  But I have not as yet had any dealings with the organisation myself.  I'll try to find the post concerned.
  • ginnyhumphreysginnyhumphreys Member Posts: 3 Listener
    Thanks MAtilda that would be helpful
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited March 2018
    Original post:

     tryingmybest Posts: 7 Listener March 22

    Hi @paul1974 there is trained solicitors that can help you they are called fightback4justice they should come up im google and they have a facebook page, there website has a vip area where you can view templates etc and they have manned phone line.. when they helped me they charged £50 for a submission xx

     Read more at https://community.scope.org.uk/discussion/42134/my-money-been-stoped
  • mikehughescqmikehughescq Member Posts: 5,968 Disability Gamechanger
    The wording is very careful but there is not a practising solicitor there as I read it.

    A person with a law degree is a person with a law degree. A person with an LPC would not ordinarily mention that unless it’s where their training ended I.e. before doing a training contract and qualifying as a solicitor. A person who leads a welfare benefits team in a solicitors cannot be assumed to be a solicitor unless they explicitly say so. 

    That is not to say they are not competent or should not be used. I am merely pointing out that people sometimes read things that aren’t there. 

    https://www.fightback4justice.co.uk/about/
  • donalddonald Member Posts: 15 Listener
    is there a solicitor in glasgow that will help me with my p.i.p, appeal ,as i dont have anybody ,to represent me ,  thank you,
  • mikehughescqmikehughescq Member Posts: 5,968 Disability Gamechanger
  • donalddonald Member Posts: 15 Listener
    i need the best person to go with me ,
  • mikehughescqmikehughescq Member Posts: 5,968 Disability Gamechanger
    Is there something wrong with Glasgow WRS?
  • donalddonald Member Posts: 15 Listener
    i dont want to take a chance,
  • mikehughescqmikehughescq Member Posts: 5,968 Disability Gamechanger
    What chance would that be?

    When you claim benefit you are taking a chance. When you ask for it to be reviewed you are taking a chance. When you seek advice you are always taking a chance... but the assumption that a free service will automatically be worse than one you pay for is naive. Few solicitors have genuine welfare benefits knowledge and the ones that do tend to focus on judicial reviews with tame barristers rather than first tier tribunals. Glasgow WRS have done absolutely pioneering work in the past and have a national reputation. 
  • graham1234graham1234 Member Posts: 2 Listener
    i am still trying to find a solicitor to represent me at my pip appeal ,
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You don't need a solicitor to represent you at a Tribunal. Try a local advice centre near you.

    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • YadnadYadnad Posts: 2,856 Member
    I agree that a solicitor is not needed. Unfortunately some advice agencies make a bad situation worse even if you can find one. My story is very similar after previous experiences with the agencies that exist locally. I refused to appeal until I could find someone that is able to see the job through properly from start to finish.

    I eventually hit upon someone who was reputed to be good. He used to head up the County Council Welfare Rights office (they were the first department to go south when the cuts were enforced)

    He charges on a no win no fee basis. Given that if he took all of the back pay as a fee, our income would go up upon winning by over £200 a week.

    Given that without his help I was never going to be able to fight the latest PIP decision so in effect it was a question that if I lose at the Tribunal I would be no worse off than I am now.

    Have a look round for these self employed people - they do hide away unfortunately and it seems that it is all a bit of word of mouth recommendation.
  • justg72justg72 Member Posts: 173 Pioneering
    Yadnad said:
    I agree that a solicitor is not needed. Unfortunately some advice agencies make a bad situation worse even if you can find one. My story is very similar after previous experiences with the agencies that exist locally. I refused to appeal until I could find someone that is able to see the job through properly from start to finish.

    I eventually hit upon someone who was reputed to be good. He used to head up the County Council Welfare Rights office (they were the first department to go south when the cuts were enforced)

    He charges on a no win no fee basis. Given that if he took all of the back pay as a fee, our income would go up upon winning by over £200 a week.

    Given that without his help I was never going to be able to fight the latest PIP decision so in effect it was a question that if I lose at the Tribunal I would be no worse off than I am now.

    Have a look round for these self employed people - they do hide away unfortunately and it seems that it is all a bit of word of mouth recommendation.
    Hi Yadnad
    Most solicitors charge 25% of the money that you win on a no win no fee basis. What you have said above sounds to me, that you are paying 100% back. I think that the Solicitor who is acting on your behalf is taking advantage of your situation. This is unfair and I think it is wrong to do this. I am glad to hear that you are fighting back against the DWP and that you have representation, however the price seems ridiculously high.
    Good luck and let us know how you get on.
  • YadnadYadnad Posts: 2,856 Member
    justg72 said:

    Hi Yadnad
    Most solicitors charge 25% of the money that you win on a no win no fee basis. What you have said above sounds to me, that you are paying 100% back. I think that the Solicitor who is acting on your behalf is taking advantage of your situation. This is unfair and I think it is wrong to do this. I am glad to hear that you are fighting back against the DWP and that you have representation, however the price seems ridiculously high.
    Good luck and let us know how you get on.
    The % is 40% and what I said was that even if it was 100% it would be fine with me as without him I would not have appealed in the first place - thus a case of what I never will have had I cannot miss it. I am only really interested in getting back to where I was previously.
    We have managed so far without it so the backdated amount - whatever it is will be a bonus.
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