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Can i go to the hearing on my wife's behalf? as she really doesn't feel she can attend a 2nd one

Lynn101Lynn101 Member Posts: 16 Listener
edited September 2019 in PIP, DLA and AA
After waiting 15 months for our appeal due to the dwp not providing evidence the judge very apologetically adjourned the case so he has time to read the case notes . My wife was quite distraught and crying at the first hearing and says she cant face going back again .  We now have a new date set for the end of this month my question is , Can I turn up to represent my wife or does she have to be at the hearing .



( original post ) 

 ( I am  typing on my wifes behalf ) . At her last assessment the assessor removed all of her "Planning and following A journey" points and some others . This in turn meant we lost the motability vehicle which i  relied on .

I will try to keep this as short and sweet as possible . She has multiple health conditions which affect her greatly in various areas of life  , Osteo arthritis of Spine , Neck , Knees ( these are just the confirmed areas there are probably more )  , AC-1 ( Arnold Charis malformation ) , Fibromyalgia , Asthma , Irritable bladder , ectopic heartbeats , Andshe cannot take much strong pain medication for fear of blood in urine or beta blockers for ectopic heartbeats due to her asthma I also suffer anxiety and forgetfulness due to the Fibro . 

The original assessor turned up at our home without any of her case study notes and the whole thing was a farce from the beginning , She then proceeded to outright lie about many of the things my husband said to her and so we ended up in this predicament. Yesterday ( our court date ) we got a call from the court 2 hours before the trial asking if we could go early so they could study the evidence from our notes as the DWP hadnt provided evidence even after a court order - we have been waiting 13 months for a court date , so the dwp hadnt mamaged to provide their argument in 13 months which is ridiculous .

We have a well typed report and all the medical evidence in our favour however the judge adjourned the trial because he didnt realize there was so much to read through ( 135 page report ) . As it happened a representative from the DWP turned up to the and he didnt even have any paperwork with him . The judge gave him a stern telling off and told him that after 13 months it was less than acceptable to have not sent the documents to the court and especially to have turned up unprepared. we did all sit and present certain aspects of our case - although all the dwp representative tried to bring to the table was a point from a 2017 award when we were discussing our 2018 award he literally had nothing to offer concerning the claim we were discussing .  

the judge has actually stated on the adjournment paper it is due to dwp not submitting any evidence . He was very understanding and apologized to us repeatedly stating he didnt think he could do our case justice but we should be aware it could take another 4 weeks to 4 months for the next date to be set .     My question is , does this seem usual or have we been taken for fools by the DWP , could they still offer a settlement or are we past that now , sorry for the questions its our first time in this predicament and my wife is very stressed by it all. All the best 
 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Unfortunately, you will not be able to attend the hearing on behalf of your wife, she will need to be there. Please be aware that your wife will not be on trial. The panel will want to see her for theirself and for her to tell them in her own words how her conditions affect her. They may ask you at the end if there's anything you would like to add. Good luck.
    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.
  • Lynn101Lynn101 Member Posts: 16 Listener
    Hi Poppy123456 , thank you for the swift reply , sorry i really should have put hearing . It looks like we will have to let the court decide in our absence . All the best 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Has your wife told them that she won't be able to attend? if she hasn't then she needs to do this. Also please be aware that paper based decisions have a much less chance of success at between just 5-8% compare to those that appear in person having a 74% chance of success.
    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.
  • Lynn101Lynn101 Member Posts: 16 Listener
    @poppy123456 , Hi poppy after your comment my wife had me ring the court anyway . Apparently if you give the reason that you will be turning up as representative without the claimant you can actually do it , They advised me to write a letter explaining the exact details of why my wife cant attend and it will passed to the judge , Then i  will still be able to attend without her being there. All the best
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I happy to hear that although i must admit they don't usually do this unless you're the appointee. I do hope the advice you've been given is correct and they don't adjourn the hearing again. Good luck.
    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.
  • Lynn101Lynn101 Member Posts: 16 Listener
    I will send the letter off and update here as soon as i have confirmation . All the .
    best 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @Lynn101, I hope they see the letter as enough evidence for you to attend. However, I must stress that there is a much higher chance of success if you wife does attend. I wish you all the best of luck and please do keep us updated. :) 
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  • Lynn101Lynn101 Member Posts: 16 Listener
    @Chloe_Scope . She is aware that there is a higher chance of success attending but feels after the first hearing she just cant face the 2nd one , We do have a great amount of evidence of her illnesses and the assessors errors and contradicting herself within the report so we are hoping for the best . Thank you for the advice :) .

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    That's okay @Lynn101, I understand how difficult they can be and I really hope it goes well!
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    Scope

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