Appeal what happends next

On behalf of my friend i sent a request for appeal for dla, they wrote to back to acknowlage they recived the letter and we should hear back in the next 11 weeks,

What will the next thing i hear contain? i understand they may reconsider the dession but if they dont what will the next letter contain?, will it explain in anymore detail why they wont be chaging the dession/will it be a copy of what they are submiting to the tribunal? or will it just simply be to say its going to appeal?

when it goes to appeal do the DWP have to submit some sort of letter to the tribunal stating why they came to their dession? if so do i get a copy of this? or do they simply just send the current evidence to the tribunal ?

basicaly when she was turned down dwp acknowlaged she needs help and has difficulties walking, she had 2 letter 1 from her gp and one from her ortheopedic doctor both stating she has pain at all times when walking and both where happy to say she needs with care needs such as getting dressed washing drying etc.

The DWP turned around an they said she could manage if she used "suitable aids" she didnt mention anything about aids on her form so they made an assumtion that using aids would remove her needs,i spoke with my local welfare rights who explained it was vital to write down why using aids would not remove her needs, so we then wrote a letter requesting appeal and i feel we explained perfectly in great detail why using aids do not remove her needs in the letter asking for appeal.

Will the letter requesting appeal gl24 which also includes your reasons for disagreing with the dession be used as evidence and sent to the tribunal? i feel this has cruial information inside so i hope it does.

I am now very curious to know if they would use this further information we submited with the request for appeal explaing why aids do not remove her needs when submiting their side of the story to the tribunal?,for example they turned her down on the basis that if she use's suitable aids she can manage, now we have wrote a letter explaing in great detail why aids do not remove her mobility and care needs, would i be correct in thinking they would now have to dispute this further information regading aids to use it as a valid reason for not awarding her?

Hi Jox

If they choose not to revise their decision, they have to prepare the appeal papers, which includes an outline of their case, medical reports, and all other evidence including the GL/24 and letters you sent. One copy will be passed to the appeal service and another copy will be sent to your friend.

You have an opportunity to respond/comment on what the DWP have said in the appeal papers and submit further evidence as well. A tribunal is a court of law. It is completely independent of the DWP and has an obligation to give your evidence and arguments due consideration as well as anything that the DWP submits.

Please read the DLA appeal guide in the members' area.

Good luck to you and your friend.

Derek

Hi Jox,

Just a quick message to add to what Derek has posted. You can also find full details of the appeals procedure here Social Security Tribunals

Good luck.

Pat

Thanks very much for clearing that up, it will be very intresting to see what they come up with having now explained why using suibtble aids do not fully remove her needs.

I dont want to get her hopes up but i feel much better knowing the GL24 will be taken into consideration, hopefully it wont go as far as tribunal but if it does hey we are prapared to fight all the way.