PIP Appeal

wrighty1988

Had my PIP appeal today. Didn't get a decision. They said they would write to me in the post. 

Am concerned that this means that my appeal has been unsuccessful and they just didn't want to tell me face to face. Although now that I've written that, i realise how paranoid it sounds. 

I thought the appeal went as well as it could have and the half an hour slot turned in to an hour and fifteen minutes. 

Has anybody received written notification of an appeal outcome, rather than face to face, and been successful?

clare_1

Hello
They sent mine out in the post because I was to distressed on the day. 
I was also thinking it was bad news but came through I won the case.
This wasn't the end of it tho because  PIP sent a letter out to me explaining that they are asking for a statement of reason from the courts,as to how they came o the dission on the day.
That can take 3 months to go through. In my case something has gone wrong and the judge didn't get paper work for a long time and I have waited over 3 months.
If this happens the courts will send you a copy of the statement of reason and then pip has 1 month to reply with dission. 
I really hope this don't happen to you beacusr I have seen a lot of people going through this.
My fingers are crossed for you. Good luck

CockneyRebel

It is becoming more common for the DWP to request an SOR
If you receive notificaton that they are doing so it is worth checking with the tribunal clerk that they have received it.
Even if they go down this route, they can still only appeal if an error of law can be found

CR

wrighty1988

Thank you. That’s encouraging. I’m convinced that they will challenge the decision if I’m successful - they awarded me 0 points in total. But one fight at a time. Thanks again for your response. 

CockneyRebel

When you receive the decision it is a good idea to ring DWP and check that they have also received it. They do have a habit of "mislaying " these

CR

clare_1

I rang the courts and they told me the date the judge revived it and that was 3 months in. The courts told me I had to then wait a other 6 weeks for it to be wrote out.
Had tribunal in May, SOR didn't get to judge for what ever reason untill 13th September and now I'm waiting to see if PIP going to take it to the next stage or not. Just over a week until the month time limit up.
Yes that's right Wrighty, one step at a time. Good luck

wrighty1988

The suspense is killing me. Think I’m going to call the court tomorrow morning. 

CockneyRebel

You have nothing to lose, please let us know whatever happens
I wish the best outcome for you

CR

wrighty1988

I called them this morning and they have said that the letter has been sent out but they are unable to provide me any further information over the phone as they don't have access to it. We wait for the post to arrive either today or tomorrow. 

mikehughescq

There are a number of reasons a decision isn't given out on the day.

The first is that the bench book recommends that they don't. In reality most tribunals will still try and give a summary decision on the day but it isn't always practical.

Firstly, hearings may be running late. HMCTS gives most appeals one slot; ones with interpreters two and so on. It's not difficult to get it wrong but also some tribunals are slower than others just like some appellants are. It's not fair on someone waiting for a 3pm appeal to be waiting to 4pm just to start and then to find out the tribunal are adding 15 minutes to each case just to get the summary decision sorted. If you were the 3pm who waited until 4:00 only to find yourself postponed you would be unhappy. Tribunals have to strike a balance between the needs of the current appellant and the subsequent ones. Not doing decisions on the day is one way of managing that.

Secondly, sometimes the tech. just doesn't work. A clerk cannot print out multiple summary decisions if the PC/laptop or printer aren't working. Equally, sometimes the clerks are called in at short notice from HMCTS or the Court Service and don't know the process or the format.

Rarely, decision simply take a long time to decide. However, this is truly rare. Sat in the waiting room for 20 minutes it's easy to conclude how badly things must be going. More times than not the problem is getting the wording right or a one fingered typist.

DWP to request statements of reasons in a lot of cases but that won't delay your summary decision. It will just (naughtily) delay payment.

Pippa_Alumni

Good luck @wrighty1988, I hope you get the outcome you're hoping for.

wrighty1988

Can anyone advise what will be in the letter? It has arrived and I want to ask my mother in law to open it but I shared some embarrassing things in tribunal that I don’t want anyone else to know. 

Is it just a decision letter letter or does it contain more information? 

clare_1

It will break down what points they have given you and what rates they think you should get, how long it will last for ect

mikehughescq

Computer generated template detailing entitlement and points scored for each activity. Also details the evidence considered. A bit "You said but the HCP said and we prefer that because...".

Unfortunately no way of predicting exactly what they will focus on so you may want to open it yourself or ask someone who it won't be an issue for.

wrighty1988

Job done! Appeal allowed. Went from 0 points to 8 on daily living and 0 points to 8 on mobility. Awarded standard rate on both. so relieved. 

Matilda

Well done, @wrighty1988!

clare_1

So happy for you