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Appeal tomorrow
- foreverfoggy
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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foreverfoggy wrote: Hello, after a very long wait, and being sent away last month to get a rep, my daughter finally has her appeal tomorrow. Can anyone point me in the direction of the likely questions they may ask please. Daughter getting nervous. thanks.
Rather short notice for definitive advice as you don't tell us what benefit your appeal is for.
See my guide GOOD PRACTICE GUIDANCE FOR THOSE WHO APPEAR BEFORE APPEAL TRIBUNALS
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- foreverfoggy
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- Gordon
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foreverfoggy wrote: Hello, after a very long wait, and being sent away last month to get a rep, my daughter finally has her appeal tomorrow. Can anyone point me in the direction of the likely questions they may ask please. Daughter getting nervous. thanks.
Unlike the assessments there is no standard set of questions that a panel may use, most questions will be directed at your daughter and most will be asked by the doctor on the panel. They will be primarily interested in how their condition effects their daily living and will likely start with some questions about how you got to the hearing and then move on from there.
Hearings typically take 30-40 minutes after which they will ask you to wait outside while they make a Decision, however, it is becoming increasingly common for panels to notify the claimant by post within a couple of days, if this happens it is not reflective of whether an award has been made or not, just that they are busy and need to move onto the next case.
Good luck.
Gordon
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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However, the Tribunal Judge (a qualified solicitor with specialist training on DLA) may also ask questions. DLA Tribunals are unique in that there MUST be three Tribunal Members hearing the appeal. Rarely a member may not be able to make it, for example being stuck in traffic, car breaks down, train late etc. If this happened the Tribunal would be have to be adjourned.
You don't say how old your daughter is, but if she's quite young, say under 16 years of age, the Tribunal Judge will usually allow you to answer some questions on her behalf.
In a DLA Tribunal all panel members have equal say and the decision may be unanimous, or a majority decision 2-1, so even the Tribunal Judge can be overruled if the medical member and disability member decide in your daughters favour, or any two members on the panel.
You can also give evidence on her behalf as a witness or carer if you wish.
Best of luck.
Jim
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
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- foreverfoggy
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