PIP, DLA and AA
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PIP tribunal

rainbow58rainbow58 Member Posts: 103 Connected
I have just called the CAB for advice as I have not yet received a date for Tribunal,It is a year since I attended an assessment for PIP,and the CAB advisor said it was February when I submitted my appeal I think its longer.She could not advise me on what to do but said some people do ask for a paper hearing tho its beneficial to have an oral hearing,I am terrified of going to the tribunal without any support as the CAB no longer receive funding  and I am struggling to find an organisation that will support me.Age UK said they could attend but they only advise they dont actually "speak for me".
The last letter I  received from the HMCS was over a month ago when they said they were contacting the DWP re my DLA award,(Dla awarded 1998 indefinitely) and I have not received the dreaded brown envelope, with a tribunal date.
My question is has anyone received an award of PIP ahead of a tribunal and the tribunal did not go ahead or  has anyone requested a paper hearing based on evidence provided?
I am thinking of requesting a paper hearing as I am struggling to cope with the ordeal of an oral hearing but the CAB advisor suggested an oral hearing to be more beneficial.

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,
    Some people are offered an award from DWP before the Tribunal hearing but it's rare.

    Changing to a paper based hearing will decrease your advantages of a decision in your favour a lot. I don't know the percentage for those that have a paper based decision but it's much less than those that appear in person. My advice would be to stick to appearing in person and take someone with you just for support on the day. No one would be able to speak for you anyway, you'd have to do this yourself. It's scary yes but don't give up the fight. Good luck.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • rainbow58rainbow58 Member Posts: 103 Connected
    Thank you for your reply,It is not a brand new claim for PIP- I was awarded DLA in 1998 for an indefinite period and my conditions have worsened since 2011 and more so this year.I only received the care component of DLA and was advised to wait til PIP came in before sapplying for the mobility side.
    I have no fight left in me after fighting the NHS re a GP who was abusive to me .refused to address my symptoms or discuss a matter and slammed the phone down on me mid consultation.no action was taken against him because noone dealt with the complaint at the surgery so disregarded by the NHS and PHSO.and I have had false accusations made against me since,it has caused me so much distress,i cant cope with anything else.

  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    Hi,
    Some people are offered an award from DWP before the Tribunal hearing but it's rare.

    Changing to a paper based hearing will decrease your advantages of a decision in your favour a lot. I don't know the percentage for those that have a paper based decision but it's much less than those that appear in person. My advice would be to stick to appearing in person and take someone with you just for support on the day. No one would be able to speak for you anyway, you'd have to do this yourself. It's scary yes but don't give up the fight. Good luck.
    It’s about a 3 to 8% chance with a paper hearing. Not great.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @mikehughescq thanks for that, i always wondered what the percentage was. Yes, indeed it isn't great.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • YadnadYadnad Posts: 2,856 Member
    rainbow58 said:
    The last letter I  received from the HMCS was over a month ago when they said they were contacting the DWP re my DLA award,(Dla awarded 1998 indefinitely) 
    I'm confused. If the Tribunal want to see the contents of the old DLA file before holding the hearing it must mean that it is important.
    Why then don't the DWP get the file before they make a decision? 
    When I moved over to PIP I was never asked if the DWP should have access to my old DLA file.
  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    What’s happened is that a recent UT decision pointed out that the PIP 1 should always be in the appeal papers and if it turns out the claimant said they wanted the DLA evidence taken into account then that should also be in the papers. If the claimant originally said yes to the question then they ought to have often taken it into account but often didn’t. In your case your call was to an outsourced call centre for whom DWP have since conceded they forgot to ask the question in the 1st place.
  • YadnadYadnad Posts: 2,856 Member
    What’s happened is that a recent UT decision pointed out that the PIP 1 should always be in the appeal papers and if it turns out the claimant said they wanted the DLA evidence taken into account then that should also be in the papers. If the claimant originally said yes to the question then they ought to have often taken it into account but often didn’t. In your case your call was to an outsourced call centre for whom DWP have since conceded they forgot to ask the question in the 1st place.
    Which undoubtedly put me at a disadvantage. Yes we have talked about this before but as you pointed out at the time the DWP will not apologise for their error to me nor will they be prepared to re-look at what might have happened 5 years ago if they had have seen the DLA file and the evidence contained within it.
  • rainbow58rainbow58 Member Posts: 103 Connected
    not an error or forgotten question-another deliberate ploy so as to not award PIP?

  • mikehughescqmikehughescq Member Posts: 6,001 Disability Gamechanger
    rainbow58 said:
    not an error or forgotten question-another deliberate ploy so as to not award PIP?

    People believe what they want to believe but it’s a verifiable fact that DWP staff asked the question whereas some of the outsourced staff did not. It’s on record in Hansard. However, the idea that it’s a deliberate ploy looks a bit silly when you realise that most of the current cases where it’s come up are appeals from people who got PIP then failed to get the same award on renewal. So, that would be people for wh actually got PIP! 

    People love conspiracy theories but the DWP have always been more conspiracy than **** up.
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