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Appealing to Upper Tribunal ...

(14 Posts)
frazzledbutcalm Mon 26-Jun-17 09:44:28

Posting here for traffic ....

Does anyone have advice/knowledge in appealing to upper tribunal for dla? Citizens Advice could only offer me names of local solicitor firms ... there's only 1 in my local area who said they don't do welfare benefits advice and I wouldn't qualify for legal aid. (However that's not true, government website says all cases going to upper tribunal DO qualify for legal aid). I've tried contact a family - aren't able to help. I've tried disability rights uk - can't help but gave me a number to try. This was a university student law school - they aren't taking new cases til October as their students have obviously all left for the summer. They gave me a number but we're out of their catchment area. This firm gave me another number and I'm now waiting to hear back from them.

It's just so shocking and disheartening that when you need help the most, there's actually no one there to help!

TIA

frazzledbutcalm Tue 27-Jun-17 16:49:17

Anyone?

Had a call back from the last company but I'm out of their catchment too sad

notgivingin789 Tue 27-Jun-17 18:55:55

Have you contacted SOSSEN? They are usually good about these sorts of things. Google their name ! And try to contact them.

Polter Tue 27-Jun-17 19:20:20

Have you tried Coram Children's Legal Centre?

frazzledbutcalm Wed 28-Jun-17 09:43:17

Thank you so much to you both .. will ring these both today and let you know how I get on.

Ceto Sun 02-Jul-17 08:39:10

When they said you don't qualify for legal aid, was that on the basis of your means or because they claimed legal aid is not available for the Upper Tribunal? If the former, you could double check by phoning Civil Legal Advice on 0345 345 4 345.

frazzledbutcalm Mon 03-Jul-17 11:09:13

ceto ... the receptionist clearly just didn't know what she was talking about .. she meant legal aid is rarely available now. However, after I checked myself it IS always available to Upper Tribunal cases. Mind, 2 other legal firms didn't know this either when I approached them shock

frazzledbutcalm Tue 04-Jul-17 17:07:38

So ... sos sen can't help, they've recommended Citizens Advice Bureau.
Waiting to hear from Coram.
In the meantime I've contacted several more organisations and been told no they can't help - they've also given me more numbers to ring but again, they can't help also. Rang LA, they've given me 2 links, both drawn a blank.

It seems there is absolutely no help whatsoever in my area. 3 of the organisations could help me if I lived 10 miles from where I do. My last clutch of the straw is benefits and work uk. Failing that, I think my only option is to go to my local MP?

One adviser said to contact an autism charity, even though ds didn't get dx with autism as he didn't tick 1 box. She said autism charity may be able to advise as they may have come across this before.

Fingers crossed, but I'm absolutely fed up. We fight enough without this!

Ceto Tue 04-Jul-17 18:09:45

Whereabouts are you? Have you tried Law Centres? For instance www.swllc.org/Benefits.php these people seem to deal with legal issues concerning benefits.

frazzledbutcalm Tue 04-Jul-17 18:24:30

ceto - I can't find any law centres in my area .. I can find plenty for 5+ miles up the road from me but it's a different catchment area 🙁

I've looked at your link even though it's not my area - it says it doesn't represent at tribunals but does gather the medical evidence etc for your case .... I think this is the crux - I need to work out what counts as an error of law and work things through myself to see if it applies.

youarenotkiddingme Tue 04-Jul-17 19:15:30

Would it be worthwhile just doing another application? Is there a timescale you have to wait before reapplying and does it count from date of original application?

Ceto Tue 04-Jul-17 23:48:16

I don't think law centres necessarily confine themselves to specific catchment areas. Have you tried phoning the nearest one?

frazzledbutcalm Wed 05-Jul-17 09:20:43

youare ... I'm planning on a new application, but was hoping to get this renewal overturned as I stupidly didn't advise tax credits of the award being taken away so will now owe them backdated disability premium sad. I was so convinced that the judge etc would see sense that in my mind there was no way the case could be lost ... how wrong, and stupid, I was sad

ceto - I rang the closest law centre (15 miles from me) and they do only work in catchment areas. Their boundary is 3 miles from my home. There's no law centre in my (large) catchment sad

frazzledbutcalm Wed 12-Jul-17 09:07:39

Well ... still no further.

It's official though ... no help at all in my area. It is a postcode lottery - never ever thought I'd say that.

sad

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