Awaiting Appeal Trial Date - Telephone call from DWP to discuss descriptors

ZarahPiPFibro

Hi all,
I have lodged an appeal with HMCTS for PIP award, end of September, and the date for DWP to respond was up last week. 
I had a missed call, and then a text message from DWP to say they would call later that same day, but again, I missed the call as was at work.
I then got a further text to say they would call me yesterday (6/11/23) between hours of 9am to 4pm, but no other information.

I managed to answer the call (even though I was at work and not supposed to take personal calls during work hours) and the lady said she wanted to "discuss my descriptor points and go over them with me".

I was totally unprepared for this, as they had not said anything in the texts about it being "an interview to discuss my abilities etc", and so I panicked and told the woman to contact my C.A.B. representative to discuss, as I was at work. The lady then said she would note on the Form to HMCTS that I had Refused to Discuss with her.

I then got a text from HMCTS to say that the DWP had now responded and have sent me a Pack. I have had no pack from DWP.

Will my refusal to discuss on the phone with DWP, go against me when it gets to trial date? Or do I even have to tell the HMCTS that the DWP called me out of the blue with no prior notice of it being an interview, where I could have prepared myself?

I feel it very unfair to randomly contact a claimant and expect them to be available for a full blown interview without prior notice of such.

I am really worried now, that perhaps I should have discussed with them on the call.

Can you advise please?

Many thanks

chiarieds

If this is mentioned at all with your tribunal, & it may not be, I'd just stress that you didn't refuse the call, it was rather that you were unable to take the call as you were working.

The DWP do sometimes call before a tribunal to ask some more questions before they respond to the HMCTS, which usually, but not always, doesn't change anything.

The pack that is referred to is called a 'bundle,' which will contain everything you've sent in, & the DWP's responses. When you get it, do check through that everything is there. Hopefully you should receive this soon. In the meanwhile, try not to worry, as being unable to take a call will not affect your tribunal.

poppy123456

The reason why they probably didn't ring your rep is because you are the claimant, your rep can't speak on your behalf. The same applies at your hearing, you will need to speak for yourself. It won't go against because you couldn't speak to them when they rang.

ZarahPiPFibro

Thank you both for your very prompt responses.
Do you think they will try again to contact me? Or is that it now from DWP?

I expect to wait a couple of months before I get the appeal tribunal date, and that is stressful enough.

thanks 

chiarieds

You're welcome. I'd think it unlikely you'll here further from the DWP, as HMCTS say they've responded.

ZarahPiPFibro

Thank you for easing my mind about being contacted by DWP again.

One more question - I have read that in some circumstances, the HMCTS Appeal Judges can make a decision based on documentation alone.

Do you have any statistics on how often this is done, or any information on whether "the waiting time" (for a provisional decision) is less than the full hearing wait times?

many thanks

poppy123456

It's quite low. 16% of appeals lodged saw DWP change the decision in the customer’s favour before the appeal was heard at tribunal (known as “lapsed” appeals) full stats here. https://www.gov.uk/government/statistics/personal-independence-payment-statistics-to-april-2023/personal-independence-payment-statistics-april-2013-to-april-2023

There's no stats on waiting times. It will depend on each individual case and backlog in your area.