not attending dla appeal today

[Deleted User] · 26/09/13 - 17:31

Stress and worry made me to ill to attend. Appeal still going ahead. What are my chances?

flagpole · 26/09/13 - 17:32

**** all.

Paul_DNAP · 26/09/13 - 17:40

Agree with flagpole, you've blown it big time, you have my sympathies in advance as they are gonna screw up your life now. For sure they won't accept your appeal, and you won't be able to re-appeal or anything.

3Sheets2TheWind · 26/09/13 - 17:54

I am not an expert but I would say the chances are not good.

Couldn't someone have gone with you ?

nomad2king · 26/09/13 - 18:04

If the First Tier Tribunal goes ahead without you, ie a paper hearing, and not an adjournment to have the hearing another time, the rules say that they have to be able to justify and explain their decision to do so. If they don't justify it, then that may be grounds for appeal on that alone. Whatever happens, if a First Tier Tribunal says no, you can request leave to appeal to the Upper Tribunal. That is done by asking you asking the First Tier Tribunal first. You have to ask the First Tier Tribunal for a copy of the record of proceedings and the statement of reasons. If they say no you are allowed to request leave to appeal to the Upper Tribunal from the Upper Tribunal directly. The first request seems unnecessary, but has to be done, and just delays things.

If the Upper Tribunal gives you leave to appeal, they will ask the DWP what they think. You will then have a chance to reply to that DWP response. The DWP may concede that the appeal should be allowed. The Upper Tribunal then considers everything and then may make their own decision, for or against you, or may refer things back for consideration by a different(not the same people) First Tier Tribunal.

[Deleted User] · 26/09/13 - 20:38

All the more reason to attend today. Let them see you at your worst.

TardisSteve · 26/09/13 - 20:40

besty99 wrote: »

Stress and worry made me to ill to attend. Appeal still going ahead. What are my chances?

sorry to hear you were not well enough, prehaps make a phone call or send a letter to explain why you did not attend

[Deleted User] · 27/09/13 - 02:47

Thanks for all advice. I was in such a state I couldn't leave thr the house. The stress of it was making me ill. So I thought its not worth it. My partner/carer spoke to and explained.

shortyknickers · 27/09/13 - 02:49

You can onl appeal to the upper tribunal on a point of law, very few are allowed and always need legal representation.

What happened today? You have my huge sympathy.

Adam_Jones2 · 27/09/13 - 02:58

shortyknickers wrote: »

You can onl appeal to the upper tribunal on a point of law, very few are allowed and always need legal representation.

What happened today? You have my huge sympathy.

Yeah mine too things like this can seriously stress many people out, very similar to a job interview that you really are desperate to get or doing these silly role plays with groups.

They don't ned to make these things so stressful but organisations do and it makes me so angry. All the best x

[Deleted User] · 27/09/13 - 03:24

you have my heartfelt sympathy!

JayPee86 · 27/09/13 - 03:27

Why did ATOS fail you ?
Do you get feedback from these people ?

2shy2007 · 27/09/13 - 03:30

The Cricketer wrote: »

All the more reason to attend today. Let them see you at your worst.

I agree with this, going along in a really bad state woudl have shown them what you have to live with on your worst days. Its a damn shame that you didnt go, I really feel for you but going woudl have made all the difference.

[Deleted User] · 27/09/13 - 03:31

Get the docs to fax a letter tomorrow to say you couldn't go. It might cost you a tenner. I missed out on an ATOS, I had a panic attack. My docs receptionist did it for me. Good luck x

TelevisionUser · 28/09/13 - 01:46

In addition to barneyboy's constructive advice above, I'd suggest getting experienced external help on this whole matter from any one of the nearest Citizens Advice Bureau (just plug in the postcode here http://www.citizensadvice.org.uk/index/getadvice.htm), local council benefits advice unit or community law centre depending what is available locally to you.

A guide to the whole appeal process can be found here: https://www.gov.uk/social-security-child-support-tribunal

Good luck!

Mollybe · 28/09/13 - 15:50

There is an excellent group on facebook run by a lady who is a legal adviser.

They can answer questions, help with forms and also may be able to accompany you to medicals, tribunals etc.

There services are free although they do ask for a small donation to keep them going as they are non-funded but you don't have to if you cannot afford it.

If you want to pm me I'll send you the details as I am not sure if I am allowed to put a link on here.

Judge Mental · 28/09/13 - 15:53

besty99 wrote: »

Thanks for all advice. I was in such a state I couldn't leave thr the house. The stress of it was making me ill. So I thought its not worth it. My partner/carer spoke to and explained.

I am sorry you felt unwell but I think it was the wrong decision.

[Deleted User] · 28/09/13 - 16:12

Judge Mental wrote: »

I am sorry you felt unwell but I think it was the wrong decision.

You and me both.

[Deleted User] · 03/10/13 - 02:41

I won!!!!

Hogzilla · 03/10/13 - 14:26

besty99 wrote: »

I won!!!!

Well done.:D I didnt see this before or would have commented sooner.

Years ago I worked for a charity and one of the things we did was support parents of disabled kids through DLA claims. One day one of the new members who joined us, let slip she actually worked in the DLA office and told us some stuff... One of the things she said was "Always appeal as the vast majority of appeals do win. Just shove the appeal in, whatever. " So when I saw this just now, I thought "I bet OP won it!":D Good on you.

Hey there!

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