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Asking for the decision to be looked at again while waiting for a tribunal date?

Alicia89

Hi this is going to be a long post. I had a f2f for a relook at my pip last year. I ask for a Mr as the assosor wrote pure likes it was for my back issues and my mental health which has gotten worse. I don't think I did the Mr properly as I just wrote a letter I didn't know if needed more info as I thought they had my medical records. Anyway that didn't make a change so I appeal and wanted a paper hearing. I since had a letter saying that they needed permission for a medical report from 2016 to recently. Which I found was odd as the dwp claimed they made a decision on the assosor and my medical records. I have since had my medical records sent to the court. Now am just waiting to be given a date for a oral

As they advised that the oral hearing would be more better for me and ajoured the paper one. What can I do? I rang and asked if the dwp could re look at the decision and the lady said I would need to cancel my tribunal before they look at the new evidence. Just wanting to know what would be the best thing to do. The waiting is making my anxiety sky high and my depression is so bad. Am just worrying so much . Thanks

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Comments

CockneyRebel

Hi Alicia and welcome

Have you had the bundle of evidence from the DWP ?

Do not under any circumstance cancel your appeal that is BS

The tribunal send any new evidence to DWP who will look at it before the hearing. Sometimes they will revise an award but that is rare

Try not to worry, you have done the hard work, the tribunal want to see people in case they need to clarify anything. Oral hearing are successfukl ****% of the time

CR

CockneyRebel

@Username_removed nothing to forgive, always glad of your informed input

CR

Alicia89

Thank you both. Sorry for the delay reply lifes been hectic. Update. I finally had my tribunal on the 31st july and am happy to say I won. It went from high care to meduim care. But am very much happy with that. Now just waiting for the dwp to sort it all out. As it affects my income support aswell. But they dontappeal seem to be in a rush to do anything. Just worried they might try appeal it. But thanks

Yadnad

CockneyRebel said:

Hi Alicia and welcome

Have you had the bundle of evidence from the DWP ?

Do not under any circumstance cancel your appeal that is BS

The tribunal send any new evidence to DWP who will look at it before the hearing. Sometimes they will revise an award but that is rare

Try not to worry, you have done the hard work, the tribunal want to see people in case they need to clarify anything. Oral hearing are successfukl ****% of the time

CR

only if you have a rep working alongside you, otherwise doing it yourself the 'win' rate drops to under 50%

poppy123456

Great news but you say you went from high care to medium care? For PIP there's only standard or Enhanced for the daily living part, the same for mobility part.

Alicia89

poppy123456 said:

Great news but you say you went from high care to medium care? For PIP there's only standard or Enhanced for the daily living part, the same for mobility part.

Sorry I meant standard. Does anyone know what be seen as error of law for the dwp to appeal? As they got it the day I won 31st but I've not heard anything. Thanks

poppy123456

They need to ask for the statement of reasons first to be able to find the error in law. It's only been 10 days and weekends don't count, so 7 working days. They have 28 days to ask for the statement of reasons, so it could be 6 weeks before you receive any back dated money. Some have it before that time, hopefully for you it won't be too long.

Yadnad

Alicia89 said:

Sorry I meant standard. Does anyone know what be seen as error of law for the dwp to appeal? As they got it the day I won 31st but I've not heard anything. Thanks

As poppy has so rightly pointed out, the DWP have 28 days to think about appealing against the tribunal's decision. The tribunal might have reached their decision based on the facts presented but the DWP may well have the opinion that they know makes them right