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Mr refused

BuzzerButton

Our MR got refused. Still two points. My question now is in three.
Q1. Will the tribunal look at my entire application - the original, the mand. Recon? Or are they going to focus on my tribunal ‘what do you disagree with’? This leads me to my second question…
Q1. is it wise or unwise to copy and paste my previous mandatory reconsiderations into the tribunal what do you disagree with? I feel like I’m repeating things, so I’m not looking forward to saying it all a third time. I had help from age Uk for them mand. Recon. Which makes me think it should be okay.
Q3. If I apply for a tribunal online, can I still send evidence by post?

Q4. If anyone has recently gone onto a tribunal, what date did you send in to a tribunal, and what date have you got for tribunal? We will probably have to do it by video. Maybe that might speed the process up? I know it’s better in person, but my mum has severe emphysema and very high anxiety. Also, my dad is getting diagnosed as dementia. He would have to come with us, which would heighten the whole thing, it will be easier from home.

Thanks in advance for any answers, I really appreciate every one who replies.

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chiarieds

1. - Yes, a tribunal will look at everything you've already sent to the DWP, so there's no need to send this again.

2. - For now you'd just have to write something briefly to say you disagree with your Mandatory Reconsideration, & wish to appeal the DWP's decision.

3. - If you do your appeal online, you can add anything extra you wish the tribunal to see using this at any time (just don't leave it until the last minute)

4. - Say that you want to appear in person, then choose video/phone call, which will be to your home. Just don't chose paper based as the success rate for these is very low indeed

poppy123456

Q2, no you do not need to write what you wrote for the MR because DWP will send them everything you'v e already sent and you will receive a copy of everything in the bundle.

Q4 There's very long waiting times for hearings at the moment and many people are waiting 10+ months. Whether you choose telephone, video or in person, the stats are identical at 70% chance of success. Paper based hearings have a much less chance of about 5-8%.

BuzzerButton

Thanks chairieds. Once I send it, is the next step getting a date? Or are they expecting me to send more examples etc? Can I send it up to the week of the tribunal? Can I send stuff that I’m getting now, like in a months time, we will be going for an echocardiogram. Can I include that? And if I apply online, can I still post evidence? Thanks again.

poppy123456

Once you request the Tribunal you will receive an acknowledgement through email. DWP will then be contacted and given a date to respond by.

Before they respond they will review the claim and sometimes at this point they may ring to ask some questions. They may (though rarely) make an offer of an award at this stage.

Do also be aware that they don't always respond by the date given, if they don't then HMCTS will extend that but they will eventually respond. Once they respond they will also send everything you sent to support your claim, this will include the PIP2 form, assessment report, MR request letter and any additional evidence you sent to support the claim. You will then receive a copy of everything in the bundle. You need to make sure you look through all of that to make sure everything is there.

You can send extra evidence at anytime but they will only be able to take into consideration what their conditions were like at the time the assessment took place. Any worsening of condition will not be taken into consideration.

I'm unsure whether you can post evidence to them if you apply online but I think you can. Although sending online is obviously quicker.

You won't have a date for the hearing until much further down to line, potentially 8 or 9 months possibly longer.

BuzzerButton

Thank you so much. This is all very helpful. This has been going on since August. It’s been a long wait at every stage. Additionally, they say they have called my mums drs,(we gave them permission ), but my mums drs said that if they called, they would still need us to physically declare in the surgery that we give permission. Should I call their bluff on that and write it in?

honeyhoney

poppy123456 said:

... I'm unsure whether you can post evidence to them if you apply online but I think you can. Although sending online is obviously quicker.

yes it is possible, if you send your appeal online, an account will be created. You will be able to log in and check the progress of your case, as well as upload additional evidence at any time in .pdf, .doc and even audio formats

poppy123456

honeyhoney said:

poppy123456 said:

... I'm unsure whether you can post evidence to them if you apply online but I think you can. Although sending online is obviously quicker.

yes it is possible, if you send your appeal online, an account will be created. You will be able to log in and check the progress of your case, as well as upload additional evidence at any time in .pdf, .doc and even audio formats

Yes, I know you can send it online but that wasn't what they asked. They asked if you apply online can you then post evidence to them. (though I'm not sure why you would want to when it's quicker to send it online)

BuzzerButton said:

if I apply online, can I still post evidence? Thanks again.

BuzzerButton said:

Thank you so much. This is all very helpful. This has been going on since August. It’s been a long wait at every stage. Additionally, they say they have called my mums drs,(we gave them permission ), but my mums drs said that if they called, they would still need us to physically declare in the surgery that we give permission. Should I call their bluff on that and write it in?

No, you shouldn't call their bluff. Everything that's happened up to now is in the past. You need to move forward and forget about what's already happened. Concentrate on the Tribunal and the weakness in your evidence, not the strength of their's.