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PIP Appeal - tribunal or not?

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Kirkers
Kirkers Community member Posts: 8 Listener
Hello all, 
I'm new and wanted some clarification on the DWP response to an appeal for PIP for my autistic daughter aged 17. I am acting as her representative after she refused my help on her first application, stating that her disability didn't affect her at all, which isn't the case at all. Obviously, this resulted in an outright rejection of PIP. I have been fighting this decision as her representative since. 
Today, I received two letters: one stating that a booking for a hearing would happen next and, the other from the DWP stating that "I oppose this appeal and ask the Tribunal to dismiss the appeal and confirm the Secretary of State's decision." 
What happens next? Will we get a hearing or will it just be chucked out? 
Thank you for any information. 
Ellen

Comments

  • calcotti
    calcotti Community member Posts: 10,010 Championing
    edited June 2023
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    The letter from the DWP is their way of saying that they stand by their existing decision. That is what you are appealing against. It is a standard letter and it means that the appeal hearing will continue.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Kirkers
    Kirkers Community member Posts: 8 Listener
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    Thank you. I did wonder whether it was a standard letter that they just send out to deter you, like they seem wont to do at every stage :(
  • DmRitchie
    DmRitchie Community member Posts: 25 Connected
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    You should also have received all the evidence that the DWP has submitted for the appeal. I also didn't fully understand how my ADHD and Autism impacted me, as we want to be capable. However, my partner reviewed the indicators, and we prepared for the tribunal, even noting that throughout the assessment report, the nurse stated no signs of cognitive impairment. Yet she ticked the box on the last page to say that there was cognitive impairment, and I would need assistance. My partner made notes on everything we wanted to challenge, and made prompts, as I understood that I would have to answer the questions.

    On the day, of the tribunal, DWP had sent a presenting officer (PO), and this sent my anxiety through the roof. At the start, the Judge introduced the panel and the PO. Then explained that the tribunal could only consider how my disability affected me at the time of application ( I had not yet been diagnosed at the time of my application). 

    When the Judge asked the PO if they had any opening remarks, she said she had reviewed the evidence, and amened the points. I went from 0 on everything, enough to get standard for both elements of PIP, for 5 years from the date of application.

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