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Brotherly Support
- Steve Blue
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11 years 2 months ago - 11 years 2 months ago #118263 by Steve Blue
Brotherly Support was created by Steve Blue
Just a quick query...
As previously mentioned, my brother suffers with extreme anxiety and depression. He has recently has a mandatory reconsideration. And though there were two support letters written by his GP, they unfortunately arrived just after the reconsideration so the DWP refused to look at them. As a result, my brother now faces a potential 12-18 months wait for an appeal to be heard in court.
My brother has listed me to attend with him.
I know it's a long shot, but am I only there for support, as in, unable to speak? Would it be possible to offer a letter of support, or some kind of supporting statement to the courts? After all, I see my brother on a near daily basis and so know firsthand how his illness affects him. Would I not be able to offer this unique insight?
As previously mentioned, my brother suffers with extreme anxiety and depression. He has recently has a mandatory reconsideration. And though there were two support letters written by his GP, they unfortunately arrived just after the reconsideration so the DWP refused to look at them. As a result, my brother now faces a potential 12-18 months wait for an appeal to be heard in court.
My brother has listed me to attend with him.
I know it's a long shot, but am I only there for support, as in, unable to speak? Would it be possible to offer a letter of support, or some kind of supporting statement to the courts? After all, I see my brother on a near daily basis and so know firsthand how his illness affects him. Would I not be able to offer this unique insight?
Last edit: 11 years 2 months ago by Gordon.
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- Gordon
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11 years 2 months ago - 11 years 2 months ago #118266 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Brotherly Support
BB
If this was an Mandatory Reconsideration rather than a Reconsideration then do not forget that he needs to lodge an appeal with the Tribunal Service, this is no longer an automatic process and must be done within one month of the letter notifying him of the result of the MR. Have a look at the ESA MR and Appeal guide for the forms that need to be used.
Most ESA tribunals are running at about 6-9 months so hopefully the delay will not be as long as you fear.
You can provide a testimonial as evidence to his appeal. You need to write a statement about how he is effected by his conditions and anything else that you think is relevant, obviously if you can also refer to he ESA Descriptors this will help. You need to state your relationship to the claimant and how often you see them, you should make it clear that you are referring to his condition as it was on the date of the Decision being appealed, it must be signed and dated and you should include a phrase to confirm that it is a true and accurate appraisal of his abilities.
Gordon
If this was an Mandatory Reconsideration rather than a Reconsideration then do not forget that he needs to lodge an appeal with the Tribunal Service, this is no longer an automatic process and must be done within one month of the letter notifying him of the result of the MR. Have a look at the ESA MR and Appeal guide for the forms that need to be used.
Most ESA tribunals are running at about 6-9 months so hopefully the delay will not be as long as you fear.
You can provide a testimonial as evidence to his appeal. You need to write a statement about how he is effected by his conditions and anything else that you think is relevant, obviously if you can also refer to he ESA Descriptors this will help. You need to state your relationship to the claimant and how often you see them, you should make it clear that you are referring to his condition as it was on the date of the Decision being appealed, it must be signed and dated and you should include a phrase to confirm that it is a true and accurate appraisal of his abilities.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 months ago by Gordon.
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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11 years 2 months ago #118303 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
As Gordon has stated, before an appeal can be submitted there is now a requirement to a Mandatary Reconsideration before you can appeal.
Representatives do not have to be qualified benefits advisers, anyone be it a family member, friend etc can act as a representative.
See this link to my guide in the Spotlights area of the forum for more information.
GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Brotherly Support
Bluebear wrote: Just a quick query...
As previously mentioned, my brother suffers with extreme anxiety and depression. He has recently has a mandatory reconsideration. And though there were two support letters written by his GP, they unfortunately arrived just after the reconsideration so the DWP refused to look at them. As a result, my brother now faces a potential 12-18 months wait for an appeal to be heard in court.
My brother has listed me to attend with him.
I know it's a long shot, but am I only there for support, as in, unable to speak? Would it be possible to offer a letter of support, or some kind of supporting statement to the courts? After all, I see my brother on a near daily basis and so know firsthand how his illness affects him. Would I not be able to offer this unique insight?
As Gordon has stated, before an appeal can be submitted there is now a requirement to a Mandatary Reconsideration before you can appeal.
Representatives do not have to be qualified benefits advisers, anyone be it a family member, friend etc can act as a representative.
See this link to my guide in the Spotlights area of the forum for more information.
GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Steve Blue
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