PIP Appeal Submissions/Further Evidence

keira

Do the tribunal service send copies of your submission/further evidence to the DWP. If so, is it likely that they would revise their decision and stop the appeal if they thought your evidence was strong enough?

janice_in_wonderland

Hi @keira
Sorry I don't know but this is a very good question I would also like to know the answer to as well 
I hope someone else can help perhaps @CockneyRebel
may be able to answer as I've observed he's been really supportive with answering in the past 

keira

Or maybe @mikehughescq could help?

mikehughescq

When you appeal, your submission is included in the appeal papers put together by DWP, which they send to HMCTS for distribution to all parties. Anything added after that is sent to HMCTS. They update the papers and distribute to all parties and that will include DWP. 

They can revise their decision at any time regardless of what stage it’s at. Back in the day it used to happen. Not often, but it was possible. Nowadays they will put in black and white that they have no such power, which is absolute nonsense. Only an absolutely damning intervention is likely to change their mind. Their definition of damning is largely removed from reality. So, most probably, you’re going to an appeal hearing.

sleepy1

Hi @keira, in answer to your first question yes the tribunal service do send a copy of everything that you send them to the DWP and vice versa they send you a copy of everything they receive from them.

In answer to your second question I don't think it is usual practice for DWP to revise a decision and stop an appeal, however this has recently happened with me. I recently received a letter from TS to say my appeal (for PIP) had lapsed and when I rang them to ask why they said because the DWP had revised their decision but could not give me any details.  My award was restored and a back payment made which was such a relief....... Until I got another lot of forms to fill in and another letter from Atos/IAS to attend another f2f. 

Not sure what they are playing at other than trying to cause as much stress as possible.  As if we don't have enough to contend with already?

Best wishes X Rosie

keira

Thank you @mikehughescq and @sleepy1.

keira

The tribunal service must be pretty pissed off with the DWP!

mikehughescq

Yes. Across the board. The “no brainers” which go to appeal. The quality of the appeal papers and the new Presenting Officers.

keira

What's the answer though?

sleepy1

Hi @mikehughescq
Hope you are well, I am so slow at typing did not see your earlier post before I replied to keira.
It is so helpful for us to have someone like you on this forum who has so much experience and gives up so much time to direct people to the right information, your a shining star X

New Presenting Officers??

CockneyRebel

DWP have employed about 100 "officers" to attend tribunals
A further waste of money

CR

janice_in_wonderland

@CockneyRebel
Thank you for adding this info
Tribunals are uncomfortable as it is so even more intimidating challenges for many to go through 

sleepy1

Hi CR, another shining star.......perhaps I should put that on the poetry thread ; )

What is the reasoning behind this new SWAT team I wonder!  Obviously their wages and expenses will need to be covered from "someone".  Do you know if they have already been sent into action?

Hope your wife is recovering well after her op and you are feeling better now X Rosie

CockneyRebel

Thanks Rosie
She came home yesterday minus an elbow

I understand that the presenting officers are being deployed now. They seem only to be sent where there is a case for them to argue and as many claims should not have reached the appeal stage in the first place it does seem to be a waste

CR

mikehughescq

They were there originally to support tribunals in understanding decisions. The new ones are there to defend decisions so neutrality has been abandoned. Fortunately the experience thus far is that they don’t understand the decision; the law or the case law. Largely they are a laughing stock.