DWP have rejected my tribunal appeal!!!

be6789

I sent of an appeal for the tribunals and I have got the massive log to find DWP have asked the tribunal to reject the appeal. Can the tribunal make a different decision??? 

Geoark

Hello @be6789 and welcome to the community.

In any appeal both sides will present their case. Appeal courts are independent and will decide for themselves. As long as your appeal focusses on why you disagree with the DWP decision based on the criteria it is unlikley that it will be automatically rejected.

Matilda

The DWP automatically object to appeals.  Tribunals are impartial, they will set a hearing date and you will attend to be questioned by the panel.  The DWP might send a rep but I think they do so only in a minority of cases.

The DWP objected to my appeal, I attended a hearing, there was no DWP rep, and I won my appeal.  65% of appeals succeed.

Good luck with your appeal.

Disability Rights UK site sell a Handbook which has an informative section on appeal hearings.  Price £15.

be6789

So they don’t have to listen to DWP? I’m really worried as I have autism and I relied on that money! Why do they do this? I had to loose my notability car as well so I had to go out and buy one which I now am cutting it short.  Without a car my independence is GONE, we explained this to the Assesor she completely lied on some of the assement. 

When k first got the claim I got 29 Points& in my reassement I only got 1 

they think bevsuse i can now drive and have a job im capable of doing thing s baring in mind it took 8 times to pass my driving test! 

be6789

Geoark said:

Hello @be6789 and welcome to the community.

In any appeal both sides will present their case. Appeal courts are independent and will decide for themselves. As long as your appeal focusses on why you disagree with the DWP decision based on the criteria it is unlikley that it will be automatically rejected.

Hello & thanks for welcoming me. 

I have a lofe long condition which they don’t understand - to this day they aren’t trained professionals!! all they do is lie on the reports. 

I gave rave reasons why I want to appeal and in the massive log they sent me the person who looked at it said ‘I agree with all the descriptors that she is appealing agaisnt’ 

Will the courts look at this and take it in consideration? There is eveidence we sent in when I first claimed in 2014 letters from 2003 stating what my condition is. 

mikehughescq

The papers you have received are the appeal papers. They are what the tribunal consider. Following the recruitment of a significant number of new Presenting Officers it's highly likely DWP will attend your appeal hearing but it's also largely irrelevant. Only the 3 panel members will make the decision and it will be based on the papers and your evidence on the day. What you actually need at this point in time is a representative from either an independent advice centre or Citizens Advice (some do still offer reps on the day) or local authority welfare rights. 

be6789

Even though the DWP have asked them to reject? If so, how long does it take for the tribunal to give me a date? 20 weeks? 26?

I have my carers as my representative who knows fully about my condition 

mikehughescq

Average delays at present are 30 to 52 weeks or more. You may be able to make a case for an expedited hearing e.g. if you were terminally ill; if there was evidence of a real threat of homelessness etc.

lainie1966

As i tell everyone. If you think tbe assessment and decision made are wrong COMPLAIN. However unfortunately its YOU that has to PROVE its wrong. Complain to Atos, Capita or Maximus directly about the assessor. When you go for an assessment you CAN take someone in with you. Complain to the DWP  re the decision and ask what medical qualifications the devision maker has and how they can justify a decision re a condition they know damn all about living with it day to day. Send all your letters 2nd class recorded and youkeep copies of everything. 

mikehughescq

Far more important to keep copies than it is to send recorded. 

A conplsint to the DWP about the medical qualifications of the DM is also completely misdirected. They don't need qualifications to weigh evidence and make decision and they never have and it's easy to forget that thousands of people do get PIP correctly.

A complaint to the provider is generally much more valuable if there's something to complain about.

Geoark

@be6789 sorry for the delay in replying but work is busy at the moment.

I have a daughter with autism and so understand confusion and frustration. 

Yes the appeal court will look at the decision and what the dwp has to say, but they will also look at the medical evidence, paper evidence and your evidence on the day. They will then make their own mind up.

The general percentage for success at appeal is 65%, but this is an average including those who appear at the appeal and those who opt for a paper decision and do not attend. The success rate tends to be a lot higher those who attend.

As has been explained though this is not going to happen quickly and at the moment I am far more concerned about your mental health. I would tell you not to worry about this, but know the chances are you will.

Please know that as a community we are here for you and will support you as best we can. We have a number of members with ASD who will fully understand how you are feeling. We also have a number of advisors who may be able to help you.

This sounds a little vague, but things I would ask you to talk to your doctor or with  us if you are not sure, these include

It starts affecting your sleep: sleep is essential for a number of reasons, lack of sleep can make it more difficult to cope in general and can focus your mind on the wrong things.

Loss of appetite: this can  be caused by a number of reasons, stress, anxiety and depression but can also increase the symptoms to these conditions. If it lasts long enough it can have a number of effects on your body, coping functions and even brain chemistry. It is important you keep eating a healthy diet even if you don't feel like it.

Dark thoughts: these include feelings of suicide or hurting yourself, becoming focussed on feeling worthless and obviously what will happen if you don't win your appeal while it would have a huge affect on your life it would not be the end and we can help you with what to do next.

Anything that you are not sure about or would just like to talk about. This could be anything from things that you are interested in, would like to know more about or just something that nice that has happened.

If you would like to include someone in a discussion or get a response from just add @ in front of their name and they will get a notice that you have included them. Unfortunately at the moment it is the best way to get my attention.

Take care of yourself.

Matilda

DWP always say they object to tribunal appeals but they cannot stop tribunal hearings.  You haven't had the hearing yet so you have time to prepare.  Tribunals should take make allowances for your autism and what you have said in your submission form. Try to get some f2f advice from CAB or similar or local authority welfare rights.  Also, read Disability Rights UK site about PIP appeals.

Shaunndnat

I don't no how you have been rejected for pip 9 out of ten times if u do a mandatory reconsideration letter from either a doctor or member of your family who look after u it's accepted they are rejecting like 90 percent on first application but accepting mandatory reconsideration letters

poppy123456

Shaunndnat said:

I don't no how you have been rejected for pip 9 out of ten times if u do a mandatory reconsideration letter from either a doctor or member of your family who look after u it's accepted they are rejecting like 90 percent on first application but accepting mandatory reconsideration letters

HI and welcome,

This is an old thread from Feb 2018 that you've commented on and hopefully be6789 has had their hearing and been successfully awarded.

Although It's perfectly normal for DWP to appose an appeal because naturally they don't think you're entitled to that benefit.

Shaunndnat

That's great mine was awarded without an interview as my cpn sent a NHS headed letter along with my application form