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PIP - who makes the final decision?

darcieolliedarcieollie Member Posts: 29 Connected
edited October 2017 in PIP, DLA and AA
I need some advice I suffer from back problems also I have Multiple sclerosis suffer anxiety.... spasms ......knee problems I have put a claim in for pip and twice I scored 0 ....... can anyone tell me as it's gone to HMCTS do they make the final decision ...... This has been going on since march 2017 Thanks 

Replies

  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @darcieollie

    A very very big welcome to you this afternoon.

    I do hope that we can help/support you.

    I have put a link on pip below please let me know if I can help you further ????

    https://www.scope.org.uk/support/disabled-people/benefits/pip

    Many thank's.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited October 2017
    @darcieollie

    Have you asked for a tribunal paper hearing or oral hearing?  I don't know much about paper hearings but I attended a PIP oral hearing in May and won.

    If you have opted for an oral hearing, you will go before a panel of three who will question you about your disabilities.  In most cases, they will either give you a decision at the end of the hearing or a few days later.  

    If the tribunal awards you PIP, the DWP could appeal to an upper tribunal - but only on an error of law.  It is rare for first tribunal judges to make an error of law.  Similarly, if you didn't like the first tribunal's decision you could appeal to an upper tribunal but again only on an error of law.

    Though if you don't get the decision you want from the tribunal, you could always re-appply for PIP.
  • NystagmiteNystagmite Member Posts: 609 Pioneering
    It's rare for the DWP to appeal the decision. I've never heard of it.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    But increasingly the DWP are saying that they want to appeal tribunal decisions and asking for statements of reasons from the judge.  But as you say they rarely if ever find grounds.  Asking for an SOR just delays payment of the award.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi and welcome

    It is essential to understand the PIP scoring system, the descriptors and the criteria for each part. If you haven't done so try taking the self test on the B&W site to get an insight

    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    CR


    Be all you can be, make  every day count. Namaste
  • darcieolliedarcieollie Member Posts: 29 Connected
    How long do you have to wait for an appointment for tribuneral for pip thanks 

  • darcieolliedarcieollie Member Posts: 29 Connected
    Just spoke to tribuneral they say it takes 18 weeks to hear for an appointment for pip hearing ......  Surely it shouldn't take that long anyone know much about it 
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @darcieollie, I've moved your query to the Ask A Benefits Advisor so hopefully one of our advisors will get back to you with some more information!
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    It varies from area to area but many cases can take 6-9 months before a hearing.
    The tribunal clerk is the best person to tell you the waiting time in your area, keep ringing them for an update

    CR
    Be all you can be, make  every day count. Namaste
  • wildlifewildlife Member Posts: 1,314 Pioneering
    edited December 2017
    @darcieollie In answer to your question in your opening post by the time you go to the Tribunal yes they do make the final decision. Take things one step at a time so don't worry about what might happen afterwards. I want to also say that as you have scored 0 points so far and have applied for your Appeal you have NOTHING to lose by contacting a DWP Case Worker to ask if they will look at your claim again. People are told that their only choice if the Mandatory Reconsideration is turned down is to go to Appeal but that is not true. DWP can change your award anytime between MR and your Tribunal hearing. Every case is different and this may not help some people but in your case you have so long to wait without doing anything and have no points yet to lose so you could book a call back from a Case Worker to ask for another review and ask whether you can send them any more evidence that would make a difference to their decision. You may not get them to agree or you may not get any more points but if you did, even if it wasn't enough for any benefit to be paid it would help your appeal as you would be further up the ladder of success so to speak. I did this and was successful in changing my Mobility from Standard to Higher Rate. Good Luck in whatever you decide to do and whatever that maybe do not cancel your Appeal !!  
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    darcieollie,

    Unfortunately the time frame you've been given isn't unusual. People are waiting for months in some cases  - it does depend on area, but 14 to 18 weeks is unfortunately quite normal. 

    As CR says, the DWP can look at your decision again whilst you wait for the hearing. That is particularly relevant if you have any new evidence you can send them - copy it to the DWP and the tribunal, and ask for a call back from the DWP as CR suggests.

    I also completely agree with the advice to take the PIP self-test - this will help you see how points should be scored. That will help you to make the arguments for the points you think you should have been awarded. It's not about your conditions themselves, but how they affect your daily life and mobility.

    The tribunal decision is, for most people, the final decision. It's true that nowadays, DWP do appeal further a bit more often than they used to. But they can only do this on an 'error of law' and at this stage, I wouldn't worry about it. It's quite unlikely to happen. Concentrate on getting the right result from the tribunal.

    If you can, get local advice and possibly even representation from an advice agency such as the CAB.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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