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CAB and mistakes
- teabag
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11 years 7 months ago - 11 years 7 months ago #112188 by teabag
CAB and mistakes was created by teabag
Hi I applied for DLA in about Feb 13 got turned down so appealed sent off forms to ask for an oral hearing and my representative CAB would hopefully be going with me. Long Story what happened next but basically the lady I had contacted about helping me with Appeal left CAB. She couldn't understand how I had been turned down initially and turned down again at the reconsideration stage.
I contacted CAB who said that they could do the submission for me but would not be able to accompany me to the hearing. They sent the submission straight to the tribunal people without letting me see it first. I've read the submission over and over again deciding what to do as they have made a few mistakes including putting someone's elses name in 1 place should I hope that the panel realise its a mistake or should I bring this mistake and the others up with the CAB and get them to redo the submission or should I redo the submission myself I am expecting a hearing date within the next 2 months as I was told in August that it would be about another 16 weeks for a date.
Also I'm getting worried now that if I lose the Appeal that it may trigger another ESA50 altho the prognosis for my being in the SG was 2 years.
Sorry last question do you think my moving into Sheltered Accommodation with ExtraCare (There are Care Staff based where I live 24 hours a day) will help with my Appeal. I moved here after making my application for DLA and appealing the decision. My local Council offered me this flat I believe because of my being on ESA SG and reading the medical evidence that I used for both ESA and DLA applications.
Terri
I contacted CAB who said that they could do the submission for me but would not be able to accompany me to the hearing. They sent the submission straight to the tribunal people without letting me see it first. I've read the submission over and over again deciding what to do as they have made a few mistakes including putting someone's elses name in 1 place should I hope that the panel realise its a mistake or should I bring this mistake and the others up with the CAB and get them to redo the submission or should I redo the submission myself I am expecting a hearing date within the next 2 months as I was told in August that it would be about another 16 weeks for a date.
Also I'm getting worried now that if I lose the Appeal that it may trigger another ESA50 altho the prognosis for my being in the SG was 2 years.
Sorry last question do you think my moving into Sheltered Accommodation with ExtraCare (There are Care Staff based where I live 24 hours a day) will help with my Appeal. I moved here after making my application for DLA and appealing the decision. My local Council offered me this flat I believe because of my being on ESA SG and reading the medical evidence that I used for both ESA and DLA applications.
Terri
Last edit: 11 years 7 months ago by . Reason: Tick.
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- Gordon
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11 years 7 months ago #112196 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic CAB and mistakes
Terri
Even though the CAB have provided you with assistance, this is your appeal, so if there is information that you are unhappy with, the responsibility to correct lies with you, you could first contact the CAB and ask them to do so, but if they are unable to do so for any reason, then you should contact the Tribunal Service.
It is very unlikely that your ESA will be affected were you to lose your appeal, it is very rare for a failed DLA claim to affect an ESA one and if there was, it would have happened when the DLA was originally refused.
With regard your moving into sheltered housing, there is no harm in mentioning it, it can do no harm and may do some good.
Gordon
Even though the CAB have provided you with assistance, this is your appeal, so if there is information that you are unhappy with, the responsibility to correct lies with you, you could first contact the CAB and ask them to do so, but if they are unable to do so for any reason, then you should contact the Tribunal Service.
It is very unlikely that your ESA will be affected were you to lose your appeal, it is very rare for a failed DLA claim to affect an ESA one and if there was, it would have happened when the DLA was originally refused.
With regard your moving into sheltered housing, there is no harm in mentioning it, it can do no harm and may do some good.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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