Pip tribunal

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natmar35
natmar35 Community member Posts: 28 Listener
edited July 2023 in PIP, DLA, and AA
Is it possible for appeal to be refused at tribunal and for them to decide without a hearing and it goes in your favour?
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  • poppy123456
    poppy123456 Community member Posts: 57,315 Championing
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    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
    natmar35 Community member Posts: 28 Listener
    edited July 2023
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    I received this letter and I can’t make sense of it can anyone
  • poppy123456
    poppy123456 Community member Posts: 57,315 Championing
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    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
    natmar35 Community member Posts: 28 Listener
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    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
    poppy123456 Community member Posts: 57,315 Championing
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    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
    natmar35 Community member Posts: 28 Listener
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    Does that mean there’s been award made in my favour but it’s been refused by the court? It’s so confusing 
  • poppy123456
    poppy123456 Community member Posts: 57,315 Championing
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    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
    natmar35 Community member Posts: 28 Listener
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    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
    poppy123456 Community member Posts: 57,315 Championing
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    As there was no award before the hearing then it’s HMCTS you need to contact. 
  • natmar35
    natmar35 Community member Posts: 28 Listener
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    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
    natmar35 Community member Posts: 28 Listener
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    Just one more question is a pip final decision notice seperate to an award notice ? Does anyone know. Thankyou 
  • natmar35
    natmar35 Community member Posts: 28 Listener
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    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
    poppy123456 Community member Posts: 57,315 Championing
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    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
    natmar35 Community member Posts: 28 Listener
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    Yes and I was told on the phone that it’s quite common that mistakes are made on the paperwork 
  • Ema_Scope
    Ema_Scope Scope Member Posts: 58 Contributor
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    @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
    poppy123456 Community member Posts: 57,315 Championing
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    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
    natmar35 Community member Posts: 28 Listener
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    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
    poppy123456 Community member Posts: 57,315 Championing
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    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
    natmar35 Community member Posts: 28 Listener
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    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
    poppy123456 Community member Posts: 57,315 Championing
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    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.