Pip tribunal

natmar35

Is it possible for appeal to be refused at tribunal and for them to decide without a hearing and it goes in your favour?

poppy123456

Yes of course an appeal can be refused. There's more chance of refusal if you request a paper based hearing because only between 5-8% of those are successful.

Yes, they can decide without a hearing.

natmar35

I received this letter and I can’t make sense of it can anyone

poppy123456

You really should removed the names of the Judges in that screenshot because personal information isn’t allowed on the forum. I’ve flagged this to a member of the scope team just in case you don’t remove it with the 59 minutes allowed to edit a comment. It says appeal refused. However, did you already have standard daily living award before the hearing? That screenshot indicates that you do.

natmar35

Sorry I’m new I didn’t realise that . I think I’ve removed the screen shot now ? No I had no points at all before sending to tribunal 

poppy123456

Yes the comment has been removed, thank you. Then you'll need to contact HMCTS because it makes no sense. They are saying your appeal was refused but you scored 8 points for daily living but it also mentioned the Secretary Of states decision (which is DWP) remains. This indicates there was an award.

natmar35

Does that mean there’s been award made in my favour but it’s been refused by the court? It’s so confusing 

poppy123456

I’m afraid you will need to contact HMCTS to ask them and they will tell you. There’s definitely been a mistake made.

natmar35

Thankyou I did call them last week and they told me to call pip helpline I did that and pip said they weren’t sure so little stuck where to go 🙈

poppy123456

As there was no award before the hearing then it’s HMCTS you need to contact. 

natmar35

Thanks very much I’m really hoping the mistake hasn’t been made on the points side of things. But then it does clarify in a few of the comments that I have been awarded as it goes on to say I suffer with mental health issues as a result of which I qualify for the award. So stressful and confusing 😭

natmar35

Just one more question is a pip final decision notice seperate to an award notice ? Does anyone know. Thankyou 

natmar35

Just a little update incase anyone reading finds them self in the same position . I’ve now received a corrected letter which states my appeal was allowed it seems there was a clerical error on the first letter.

poppy123456

That's great news. Thanks for the update. This proves that the advice i gave on a different thread just a couple of days ago that HMCTS do actually make errors sometimes.

natmar35

Yes and I was told on the phone that it’s quite common that mistakes are made on the paperwork 

Ema_Scope

@natmar35
thank you for giving an update, I'm sure it will be really helpful for other people in a similar position. I'm glad you managed to get this sorted

poppy123456

natmar35 said:

Yes and I was told on the phone that it’s quite common that mistakes are made on the paperwork 

Thanks. This maybe useful for the member that started this thread here https://forum.scope.org.uk/discussion/108320/tribunal-win#latest because they same may have happened to this person.

natmar35

I’ve read online that claiming pip means you’re excempt from the benefit cap on universal credit. Does anyone know if this is the case and if so do you get the amount that was taken off for benefit cap it back dated like you would pip?

poppy123456

natmar35 said:

I’ve read online that claiming pip means you’re excempt from the benefit cap on universal credit. Does anyone know if this is the case and if so do you get the amount that was taken off for benefit cap it back dated like you would pip?

Yes it does exclude you and yes they would owe you the money from the start of your PIP award. If your UC includes the LCWRA element then you should be excluded without a PIP award.

natmar35

Thankyou. It doesn’t include a lcwra at the moment as when I first applied they mentioned it but told me I would have to do face to face assessment and I wasn’t in the right place to be able to manage one. Is there anything I need to do now that I have been awarded pip like update the universal credit or would that be done automatically. Thanks again for the information 

poppy123456

As you were awarded by the Tribunal you'll need to wait until your PIP award is in payment, which can take anything up to 8 weeks. Once it is then you'll need to tell UC that you're now claiming PIP and the benefit cap will be removed.