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DLA to PIP Tribunal

ljenk
ljenk Member Posts: 35 Connected
I’ve had two mandatory reconsiderations after sending more doctors evidence in and they’ve sent it to the court. My Doctors has written a detailed letter of where he feels they’ve underestimated my disabilities I wanna given 1 point below higher care and 2 below higher mobility the points he highlights should cover these areas. I’m very nervous and feel the Home assessor want accurate with his comments about my health. I didn’t have anyone with me as I was in my own home 
any advice? 

Comments

  • ljenk
    ljenk Member Posts: 35 Connected
    Also I’ve heard the court can make a decision before the actual hearing if they feel there’s enough evidence. Is this correct? 
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    edited November 2017
    Hi ljenk,

    In terms of your appeal it sounds as though you have done everything you can so far. We would always advise on providing medical evidence and it sounds as though you've got your GP to do a letter that deals with the specific areas of your dispute which is excellent. Apart from contacting your Local Authority to see if they have a Welfare Rights team who can represent your case I think you've done really well so far.
    It is highly unusual for a court to make a decision before the hearing. Tribunals are given reading time to prepare for your hearing in advance but even if they feel your appeal should succeed whilst reading the papers they probably wouldn't actually make that decision until you are sitting in front of them. I've been to hearings where we have walked out two minutes after walking in because the appeal has been allowed without questioning, but I've never had a positive decision sent through the post before the hearing if an oral hearing has been requested but a tribunal certainly cannot refuse an appeal before a hearing if an oral hearing has been requested. All the best!

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • ljenk
    ljenk Member Posts: 35 Connected
    Thank you Lee is it more successful
    if I attend rather than a representative 
  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    Hi

    Attending a tribunal is much better as the best evidence is yourself. The tribunal may want to clarify things with you which they can only do if you are there.

    Very occasionally, the DWP will look at the new evidence and make you an offer of an increased award if it is strong enough. If this happens you do not have to accept it and can proceed to tribunal

    CR
    Be all you can be, make  every day count. Namaste
  • ljenk
    ljenk Member Posts: 35 Connected
    The new evidence states specific parts of the assessment with my doctor saying they scored me 0 and it appears they have underestimated my disabilities 
    it hasn’t been sent yet however I think it needs to be sent to the court and dwp?
  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    edited November 2017
    You need to send a copy to the court who will then send it to the DWP. You should not send anything to the DWP as it can cause confusion and delay

    CR
    Be all you can be, make  every day count. Namaste
  • ljenk
    ljenk Member Posts: 35 Connected
    I think my solicitor is doing it. Because the copy of the last Doctors letter they re wives was stamped as poor quality does that mean they discount it ?
  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    No. The poor quality stamp only refers to the quality of the print not its content

    CR
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    ljenkljenk,

    I can only support the advice of Lee and CR. Definitely go to the tribunal. Even if they are already considering making a positive decision, they will not send that out without seeing you. And if it's the other way around, it would be against the interests of justice not to allow you to give oral evidence.

    Don't worry about the 'poor quality' stamp - as CR says, it probably just means it is difficult to read or a bit indistinct, it won't be about the content.

    It may be worth ringing the DWP once they have the doctor's evidence (which as CR says will be sent onto the DWP by the tribunal service). They can revise the decision before the hearing, but as CR advises, make sure that you get everything you are looking for if so (presumably, enhanced daily living and enhanced mobility). Be careful as your appeal can lapse (not go ahead) even if you don't get everything you want, and you can end up having to appeal again, although you shouldn't have to go through the mandatory reconsideration stage.

    Do keep us updated and come back to us if you have further questions about the procedure or the hearing.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • ljenk
    ljenk Member Posts: 35 Connected
    Thank you. Still waiting for a date although when I rang the court they said I should hear soon as am past the waiting time. 
    Jusy to clarify as soon as I get a date I send to the court and other evidence which could help before my date? 
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    You can send in more evidence at any time up until 7 days before hearing date, and even not more than 2 pages of A4 on the day would be acceptable.

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