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hello,advice failed appeal esa,point of law for hi

  • sunshine
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11 years 4 months ago #116518 by sunshine
update only, and thankyous

have phoned tribunal today and they stil have not sent ot transcipt of handwriting. I was then told to write to judge to see about a time extenion to appeal. I was told that i might no get extension,but they therecould not exend. I said hat it would have beenuseful to have ben told this last week( this was when phoned for transcript). Anywayhave written short letter to judge asking for extensio and giving the reason why. I will keep fingers crossed.

also update, ref higher tribunal.. i phoned the cit avice today , but i is drop only , looks like once a week and then possible appointment if they feel that a good idea. The alternative is to phone 0844 number, chat away at my cost( every penny counts here) then they refer and then possible appt.
I was told they do not suggest,recomend solicitors or have a local list. I need one that has been doing/ino benefit things........live in very small townmore a big village, resources here limited .

tomorrow hope to locate solicitor for initial advice for the point of law and my details.

.........
It is getting confusng with so much paperwork for different things, with different rules.

thank you for te return message above i got myself a bit muddled Pain level and high meds came into the esa appeal refusal......basically said i was lying could be in pain with that level of meds and because i had attended the appeal and original atos medical.

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11 years 4 months ago #116522 by Gordon
sunshine

A word of caution or two.

Most solicitors have no experience of Benefit Tribunals, so if you go that way make very sure that they can show you references of previous cases they have undertaken and indeed won.

In a similar vein, the CAB operate a triage system, where trained volunteers answer the majority of visitors questions only referring cases to a trained advisor when they cannot. Whilst many of these volunteers are very good I would not expect them to be able provide informed advice about an appeal to the Upper Tribunal.

Gordon

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  • sunshine
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11 years 4 months ago - 11 years 4 months ago #116525 by sunshine
thank you
but help please, what is the best thing to do?

i am not trained or experienced in any of these areas, it is only since health problems that i have had anything much to do with benefits.
I feel way beyond my depth. I am finding this whole mess very hard to cope with on my own. I can not afford for the powers that be to get things wrong and refuse my needs.

thank you in advance .

ps are they likely to have refernces of previous cases?does that usual take log for themto sort? do ey charge for that.
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #116529 by Gordon
sunshine

I would start by doing an internet search for "welfare advice" with your postcode, town or county.

Most councils retain one or more Welfare Advisors and it is these that you would be best talking to, even if they cannot help you directly, they may be able to refer you to another agency or solicitor that can.

Gordon

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  • sunshine
  • Topic Author
11 years 3 months ago - 11 years 3 months ago #116804 by sunshine
Hello, pdate and query
have got stuck again i am afraid,, after the long way round to spaek to advice i got a call back this morning,about 30 mins
upshot was
no one in area has gone to hight upper tribunal.
no funding at cit advice availale to help really, only 2 people in the office that was phoning me
no meetigs appts available for next 2/3 weeks this included next nearest town.
Never heard of welfare advisors, even thou i said i had been told that each council has 1 or more.
no info , details, mentions of solicitors even when i said you can get legal aid for uppertri but i didn't know what sols in area might cover benefits.

IT looks as if t is completely down to me to appeal on a point(s)f law. THe cit advice lady did confirm that there was a point of law error which was brilliant.
Becausei live in small town(more a village) and even going to the surrounding towns, I am lacking in help advice on a face to face basis.

I contacted loal and county council last week, for the welfare advisors and only possiblitiy was it advice.
I am pleased with youhelp and advice here on the website ,ut it would seem that it dependsn where you are in the country as to if tha is available in yur county.
ANY further suggestions on he upper tri woud be greatful, thankyou
Last edit: 11 years 3 months ago by Gordon.

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11 years 3 months ago #116810 by Gordon
sunshine

I am afraid that we are limited to giving general advice in regard to appealing to the UT, without sight of your original appeal papers and the Judges written Statement of Reasons it is impossible for us to give detailed advice.

Other members have successfully followed this route on their own but I will not suggest that it has been easy.

Have you tried your local council they often have trained advisors on staff who may be able to help you?

Gordon

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