letter received pip tribunal, what does it mean ?

apples

hi everyone,

 i received a letter from the tribunal today in relation to the evidence i sent them regarding budgeting money, the decision remains unchanged which i expected but i dont understand what 1D and 10B means ?

the letter reads :

We have received and reviewed evidence in relation to (my name) appeal, which includes a Debt and Mental Health form completed by the appallants GP. In this the GP states that (my name) struggles with concentration and motivation may affect his ability to manage money. Consequently, it is reasonable to expect that the appallant would need prompting to make a complex budgeting decisions, and also prompting to prepare food due to these issues, therefore 1D and 10B may be more appropriate. However, these changes would not affect the award

The secretary of states position remains unchanged

Could someone tell me what 1D and 10B they refer to is, also what the overall letter means

Many thanks

Tronster

so, they're referring to the descriptors on how they award PIP

PIP assessment guide part 2: the assessment criteria - GOV.UK (www.gov.uk)

this explains how they award things with PIP a bit better

poppy123456

1B is preparing food so you scored 2 points. 10B is making budgeting decisions and you scored 2 points here.

The decision means they agree with DWP because the changes don't affect your award and there's no changes to any award you already have.

Was this a paper based hearing?

calcotti

I think the tribunal think you may be entitled to more points than DWP awarded you but the change in the number of points isn't enough to change to PIP decision. Are you getting any PIP prior to the tribunal - had DWP given you any points previously.

apples

Thanks for the replies and the link.

I was not awarded PIP and am awaiting for the tribunal date, I had a phone assessment back in july and only score 2 points on having to be prompted to mix with other people then the MR stayed the same so applied to tribunal 

calcotti

So it looks to me as if the tribunal have decided you are entitled to extra points but this brings you to 6 points but this still leaves you with less than 8 points and therefore you are still not entitled to an award which is why they say "the decision remains unchanged".

poppy123456

I agree with calcotti here and you still haven't scored enough points for an award.

apples said:

I was not awarded PIP and am awaiting for the tribunal date

I don't understand this because the Tribunal have already made their decision. Did you request a paper based hearing? or were you planning on either appearing in person or have a telephone/video hearing.

Also what do you mean by this?

apples said:

 the decision remains unchanged which i expected

If you didn't expect an award from the Tribunal then why did you go ahead and request it?

Edit to add, thinking of this more, was the letter from the Tribunal or from DWP?

apples

when i say i expected the decision to stay the same, i meant from dwp not from the tribunal.

Have the tribunal already made their decision ? 

i requested a face to face appt with the tribunal, the letter is from the HM courts & tribunal service, the covering letter says, We enclose further evidence for the appeal. Please attach this to the appeal documents you already have. If you need to contact us please quote the NI number which is at the top of this letter.

I have just checked the process of my tribunal via my email and it says DWP response, the hearing booked hearing and closed is still not blocked out 

apples

i am worried now as ive waited so long to go to tribunal on the reverse of the letter the address is the PIP address

calcotti

apples said:

Have the tribunal already made their decision ? 

Not going by this

apples said:

..We enclose further evidence for the appeal. Please attach this to the appeal documents you already have. 

It sounds tribunal passing on information from DWP that, having reviewed the paperwork, they have decided that you are likely to qualify for those those extra points.

Can you confirm that the enclosed letter (not the covering letter) is headed DWP which is what I infer.

Every time DWP (or you) send something to HMCTS they have to circulate a copy to both parties.

You are still going to need to convince the tribunal that you are at least entitled to extra pints somewhere in order to get an award.

apples

Thank you @calcotti i am on the phone to the tribunal to ask them i will take a pic of the letter and upload as it made be easier for forum members to understand

poppy123456

You need to make sure that all of your personal details are not showing.

apples

@poppy123456, I think I blocked all my details, I struggle with going out to familiar and unfamiliar so hope I still get to go to tribunal

poppy123456

Yes that's from the Secretary Of State (DWP) so the Tribunal hasn't made their decision yet. You need to wait for the hearing date.

calcotti

Exactly as per my post. The covering letter is from HMCTS informing you that DWP have submitted additional information and HMCTS have given you a copy.

Therefore DWP are now setting that they think you qualify for 6 points. That means they still think you don't qualify for an award.

Tribunal hearings are now often by phone or video.

apples

Thank you sooo much for the replies and help, i was worried that my tribunal was not going ahead, i am glad to know that the tribunal is still on 

one last question please on this subject, does that mean i have been awarded extra  points now ?

calcotti

apples said:

Thank you sooo much for the replies and help, i was worried that my tribunal was not going ahead, i am glad to know that the tribunal is still on 

one last question please on this subject, does that mean i have been awarded extra  points now ?

No. DWP are not going to revise your award.
In any case, when you go into the tribunal you have no points. The tribunal make a decision in place of DWP and have to make up their own mind. However if you agree with the point score that DWP have given you on those descriptors you can tell the tribunal you agree with them. 

apples

Thank you @calcotti

calcotti

Have you got clear in your mind where you are arguing you should qualify for points
https://www.gov.uk/government/publications/personal-independence-payment-assessment-guide-for-assessment-providers/pip-assessment-guide-part-2-the-assessment-criteria

apples

Thanks for the link, I’ve tried reading it but I find it hard to desypher and concentrate so will keep trying

Tronster

Hi Apple

Court and tribunal forms can be quite daunting, and I understand how you feel. It's completely normal and they're follow procedure to allow HMCTS remain neutral, nothing to worry about  

So basically, HMCTS (the tribunal people) have to remain totally neutral in any proceedings, so anything you send to the Tribunal, HMCTS also sent to the DWP and vise versa, so in this case the DWP have made a statement about the additional points award and HMCTS are informing you of this, so you are aware.