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Help!

djc1991djc1991 Member Posts: 16 Listener
Hi Everyone

DWP have still not responded to the appeal so the tribunal have now sent letter to both myself and the DWP which outlines 7 directions for both the DWP and myself to adhere too; some of which I don’t quite understand. 

They've said my appeal is to be listed for an oral hearing at the first available date however I’m to be made aware that this could be delayed should the DWP not respond in time. 
The DWP are to attend and provide an explanation of their failure to comply with the tribunal’s requests. 
The DWP must give a full explanation of their reasons.
I as the appellant am to submit; all papers and letters received from DWP relating to the appeal and any further evidence in support of the appeal. 
I/my rep is supposed to supply a written submission on my behalf detailing all conditions etc. 
It states that if the DWP respond in the next 7 days then appeal should be listed in the normal manner. 
If a response is received after 28 days but prior to hearing date that the reasonings they supply should not apply. 

I’m just really confused as to what I have to do next? 
Will I have to attend this oral hearing? - This is worrisome as I don’t leave my home so this will be very difficult for me. 
What other information could I provide? I have submitted 3 written statements from family/carers which explain my behaviours and how my conditions effect me. 
Would my medical records or a letter from my GP help? 

This has been going on since November 2018 and I honestly don’t know what to do. 

Thanks 

Replies

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

    I see you have a rep, have you spoken to them regarding this? When you have a rep they are there to support you all the way through the appeal process. If you haven't then i'd advise you to speak to them because they will know all about your case.

    If it's a oral hearing then yes you will be expected to attend in person. If you don't go out did you request a paper hearing when you requested the Tribunal?

    Letters from a GP isn't the best evidence to send because a GP will rarely know how your conditions affect you. I wouldn't advise sending all your medical records because sending huge amounts of evidence that isn't relevant isn't going to help your claim and they may not read all of it. Sometimes, less is more.

    You can certainly request your medical records from your GP and go through them to see if there's anything worth sending. If you do this then you need make sure it's done ASAP.
    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.
  • djc1991djc1991 Member Posts: 16 Listener
    I don’t have a rep; my Nan sometimes deals with things on my behalf but she’s none the wiser either. 

    Yes, paper appeal was requested so not sure if I’m to attend. I’m going to have to call the clerk again and see what’s happening with it. 

    Thanks 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Oh sorry, in your post you mentioned a rep and i assumed for that reason you had a rep. For the submission then yes you should write this. This should state which descriptors you think apply to you and your reasons why. Adding a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    Is there any way you can attend in person? Paper based hearings have a very slim chance of success and only 4-8% of paper based hearings succeed. Attending in person gives you the best chance of a decision in your favour and the chance increases to over 70%.
    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.
  • djc1991djc1991 Member Posts: 16 Listener
    Oh thank you So do I just cross reference their report with my corrections? Is that what they mean? I think I’m going to have too; aslong as it’s well in advance and I can plan it all I should be okay as-long as someone can accompany me to the place. Thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No, what i mean is to write a written submission. You should avoid mentioning any lies or contradictions that may have been told in the report because the Tribunal won't appreciate any of that. They will only be interested in where you think you should have scored those points and why. This link may help you but it does include the MR process, which doesn't apply to you, just skip those parts,

    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.
  • djc1991djc1991 Member Posts: 16 Listener
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