Pip change of circumstances

jamieleehill92

@poppy123456 I think it will be to late to get expert advice right now and yes I'm shocked to even the fact that it's going this fast

poppy123456

You need to contact HMCTS and tell them that you haven't received the bundle yet. Have DWP given their response yet?

jamieleehill92

@poppy123456 yes the dwp has responded that's what I thought the bundle was? That's what I haven't received is the dwp response. Also I've just sent the tribunal more evidence pictures of my stairlift, hand rail and Bath seat hopefully that is better evidence then a letter for the stairlift wich I have already sent to them online 

poppy123456

The bundle will include everything you sent to support your claim, including the PIP2 or review form, assessment report and the response from DWP. 

jamieleehill92

@poppy123456 ah OK hopefully I get it soon 

WhatThe

The Tribunal sends the bundle and cannot make a decision on your case if you have not received it so tell them today 

jamieleehill92

@WhatThe okay will do 

WhatThe

Definitely request a telephone hearing!

The conference call won't last long and means they will hear for themselves that you are struggling to speak or explain the decline in your health. They simply need to know you are genuine because DWP is arguing otherwise. 

jamieleehill92

@WhatThe yeah that's actually true I'll have to call them tomorrow because its an hour wait time and I cant wait that long on the phone lol. Thanks 

WhatThe

Send an email to HMCTS explaining that you have not received the bundle so that they pause your case today

jamieleehill92

@WhatThe yeah I've just sent an email

jamieleehill92

Hi so I've received an email from HMCTS and they said it can take to around 30 weeks from when I started my appeal to receive a decision and they will send the decision to to me in the post.

There will be a doctor as part of the panel for the hearing where they will look at all my evidence.

DWP can view the evidence i submitted to them at any time.

I submitted my appeal on the 29th July so im guessing it's been nearly 30 days 😬

poppy123456

What was their response about the telephone hearing request? Yes, DWP can review your case at anytime and have been known to make an offer of an award. Sometime they do this before they respond but it's rare.

jamieleehill92

@poppy123456 I asked them a different question before I sent the other email asking about the telephone hearing. I asked them if they have my evidence for my housing aids because dwp sent there response the day after so I was worried that dwp didn't look at the evidence I sent. But I'm guessing by the looks of what HMCTS said there on my side with the evidence stating it will be looked at 

WhatThe

Hi Jamie, 

Yes, on the side of justice! The appeal delays are because of increased DWP 'errors' by which I mean failures.

All the reports and documents DWP used to make a final decision will be in the bundle. Anything you send now to HMCTS is copied to both parties so you will see everything the panel sees (if DWP doesn't revise the decision) 
 
That gives you plenty of time to check that your evidence is included and try to read up on the laws mentioned because yours is not a new claim. What matters is that you had an existing award which you remained entitled to, which should be reinstated on matched terms.  


btw who sent the email? 

I received a email today saying its my last chance to provide evidence before the tribunal makes a decision on my pip claim dos that mean my hearing could be soon?

jamieleehill92

@WhatThe HMCTS sent the email

WhatThe

Weird - thank goodness you got it in time  

Much of this will make sense once you get the papers

jamieleehill92

@WhatThe yeah hopefully I get the papers before the decision 

poppy123456

They can't make a decision without you first receiving the bundle.

jamieleehill92

@poppy123456 would be funny the day I got my bundle and they made a decision that day haha