Confusing PIP tribunal

JayneMel
JayneMel Community member Posts: 5 Listener
edited March 2018 in PIP, DLA, and AA
Hi I had a PIP tribunal for my son this week.  Very confusing I thought this was making the decision about whether my son should get PIP but it turns out it was only to confirm there was good reason how my son never went to assessment with ATOS
reading the paperwork if he was successful then the tribunal should take note of back dated money.  But when I phoned today to find out what happens now I was told I’d know within 28 days.  Does anyone know what happens now? 

Comments

  • JennysDad
    JennysDad Community member Posts: 2,293 Championing
    Hello Jayne (?) @JayneMel, and welcome to the community. Glad to have you with us.
    I am not, myself, an authority on benefits, but we have plenty of people here who are, together with some great resources and any number of friendly fellow-members who have struggled with the same kind of problem. So, if you will bear with us, they will be along to talk to you in due course.
    In the meanwhile, if you would like to, you could have a look at the 'Talk about PIP/DLA' forum here https://community.scope.org.uk/categories/talk-about-pip-dla and see if you find questions similar to your own, or you can browse through the links lower down the page and get an idea of what is available.
    Most importantly, you have found a safe place here and are among friends, so please don't be shy of telling us about yourself or of asking any questions. The better we get to know each other, the easier we may find ways to be of use to you.
    Don't hesitate to be in touch,
    Warmest best wishes to you,
    Richard
  • JayneMel
    JayneMel Community member Posts: 5 Listener
    Hi Richard, thank you for such a kind response.  Sorry I should have said I am my sons appointee the benefit isn’t mine it’s just that I attended on behalf of my son and deal with all this on his behalf.  I will look at the info link you gave me.  Thanks again.  Jayne 
  • JennysDad
    JennysDad Community member Posts: 2,293 Championing
    Hello again, @JayneMel, and it's no problem. You are perfectly welcome to join us as your son's appointee, and we'll still be looking to assist and support you in any way we possibly can.
    It is a great pleasure to have met you,
    Richard
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,765 Championing
    Hi @JayneMel, and welcome to the community!

    This particular process isn't something I know a great deal about, but hopefully @BenefitsTrainingCo or some of our other members will be able to clarify this for you. Somebody will be in touch ASAP!
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    Hi JayneMel and welcome

    It is not possible to make an award without an assesment
    Assessments can only be carried out by one of the AP's
    They Can decide to do a paper assessment if they have enough information, if not then they will require a f2f assessment

    So in the case of your sonhe didn't attend a f2f and his file was returned to the DWP.
    DWP should then have written and asked the reason why he didn't attend. If they accept your reason the file will go back to the AP to arrange a new assessment.
    If , as in your case they don't accept the reason then they will close the claim and you then need to appeal to the tribunal as you have done.
    All the tribunal can do is either accept your reason and reopen the claim and you will then have to have an assessment or they don't accept your reason and the claim will remain closed.
    You have one further step in that if they do close your claim you may be able to find an error in law and take your claim to the UTT

    If all the above fails then you can start a new claim as there is no waiting time but it will be a new claim with no backdating

    I hope that helps

    CR
  • JayneMel
    JayneMel Community member Posts: 5 Listener
    Hi I won the tribunal which was my first step.  I spoke with DWP who advised that this was now sent to ATOS.  ATOS want a letter today informing me with a standard letter that they were looking at further info.  I spoke with them tonight and they said they had received 13 new pieces of info and so not need to see my son.  They had now put this back to DWP with there assessment.  Any idea what happening now? 
  • CockneyRebel
    CockneyRebel Community member Posts: 5,195 Championing
    edited March 2018
    Hi JayneMe

    It seems that ATOS have received enough evidence to make an assessment without having a f2f. DWP will now look at the report and come to a decision

    You may be able to ask for  a copy of the report PA3 paperbased review form

    CR
  • JayneMel
    JayneMel Community member Posts: 5 Listener
    Good Mornknv quick question I now understand that the medical team ATOS do not require to see my son and did their assessment based on new evidence.  They returned this to the DWP 8th March to make there decision.  DWP received this 12 March.  
    How long does it normally take for DWP to let me know the decision? 

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