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PIP Appeal paperwork, should I chase the DWP?

CharlongoCharlongo Member Posts: 4 Listener
edited September 2018 in PIP, DLA and AA
Hi, can anyone help me make a decision? 
I have applied to appeal the complete removal of my PIP payment. The DWP have now had 7 weeks to send the paperwork to the tribunal court (they are meant to send it in five weeks). I rang the courts service and they said that very soon, if not received it will be passed to a judge to decide what to do. 

Should I chase the DWP? What decision can the judge make? Will it just be on how to proceed to get it to tribunal or can they make a decision on whether I would actually get awarded PIP?

just thinking whether, 1) its even worth bothering to chase the DWP as it takes so long to get through and they don't really help anyway, and 2) whether just leaving it to the judge is a better option anyway.

Anyone have any experience of this?

Thanks.

Replies

  • janekim96Pjanekim96P Member Posts: 44 Courageous
    I'd try and get some advice from CAB or an advice centre good luck!
  • markyboymarkyboy Member Posts: 368 Pioneering
    You don't want to get involved in worrying about what the DWP should be sending to the courts just send all your evidence 
    In my case timescales for the DWP to send papers to the court were always missed they seem to get away with it and put it down as back log 
    When the court receives the DWP paperwork the case will be listed but it's not unusual now to be waiting a year for a hearing so at this early stage you do not want to be stressing out 
    Good luck
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I think the judge does the chasing in these cases.
  • mikehughescqmikehughescq Member Posts: 6,003 Disability Gamechanger
    The appeal bundle is only going to contain things you’ve seen already like your claim pack, the HCP report, any evidence you’ve already sent in plus the DWP submission (their argument) which will usually be a more detailed version of your MR decision. There’s no time limit on when they have to produce appeal papers but this is time you can use well by getting face to face advice and putting your own evidence together. 

    As there’s a huge backlog of PIP appeals HMCTS won’t be chasing any time soon. They; just kept things take their course. They will only chase if it’s time to list the case and there’s no bundle. The case does not get listed when the bundle arrives. They’re listed in date order. Judges are not involved at all in the chasing - that’s done by a letter from a clerk - but if the delays continue then they can be asked for directions i.e. instructions. They will either give more time or ask you whether you can help them put together a bundle using your copies of things like your claim pack etc. A judge sitting alone cannot award you PIP. That’s a matter for a full tribunal and there’s all this procedural stuff before then. 

    So, no, not worth chasing DWP. Leave it and get about prepping your own case.
  • CharlongoCharlongo Member Posts: 4 Listener
    Hi, thanks for the responses. Just a few things to say.
    Markyboy - I should receive a copy of all the paperwork as well as the courts and the clock doesn't start ticking for a tribunal date until they receive the papers so that's why I'm interested.
    Mikehughesq - yes there is a time limit on when the DWP has to send appeal papers - its five weeks. Both my law centre and the tribunal service have told me that. They also told m that the clock will not start ticking to list the case until they have got them.
    Also I'm not sure it's correct to say the HMCT will only chase if it's time to list the case  as when I spoke to HMCT today they said that they will refer it to a judge in a few days (as I said in my original post) so he/she can decide what to do next.

    Anyway I'm not stressing too much as I know this all takes ages!

    Thanks for all the info.
  • markyboymarkyboy Member Posts: 368 Pioneering
    Not sure that you wanted advice in the first place as you seemed to have all the answers you need
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Good job!
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you're receiving help from a law centre then there should be no reasons to post a question on a forum. All questions should be answered by the person representing you. 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.
  • mikehughescqmikehughescq Member Posts: 6,003 Disability Gamechanger
    There is a 5 week time limit but it is utterly meaningless as there’s no penalty for non-compliance beyond what I’ve just described. The clock starts ticking the moment an appeal is registered, which is when you get a letter from HMCTS with an appeal reference number. If the clock didn’t start ticking then how would HMCTS know that sufficient time had elapsed for them to contact DWP to ask where the appeal bundle is? They would have no way of knowing when it was late or not. They don’t contact at the 5 week point.

    The only way they would know they needed to follow up is if the clock ticks from the moment the appeal is registered. If anything else were true then an appeal registered on the 1st of Jan 18 for which appeal papers didn’t arrive until June would only go into the queue in June whilst an appeal lodged on the 1st of February for which the papers arrive in March would leap ahead despite being lodged a month later. Can you imagine the uproar if that were true when delays in some areas were up to 18 months!
  • CharlongoCharlongo Member Posts: 4 Listener
    Ok so now the paperwork has come through. Having read it there are some glaringly obvious mistakes, such as saying my eyesight is fine and fine for driving when I am visually impaired and sent in a letter from the DVLA stating that I do not have enough vision to drive! Also that I walk with no pain when my knees, back and abdomen hurt badly so I have to stop or sit down all the time. There are more.

    is there any point sending a letter to the tribunal telling them of the many errors in the report?

    i found it alarming that at the end it days that the tribunal should dismiss the appeal. Does that mean I may not even get to go and face the panel and explain things?

    thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    My advice is to concentrate on you evidence and the descriptors that apply to you and why. Not the errors in the report, the Tribunal won't be interested in any of those. It's perfectly normal for the DWP to appose the appeal and is nothing to worry about.
    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.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    It is routine for DWP to ask the tribunal to dismiss the appeal. Your appeal will go ahead.

    I can't answer your other question but perhaps another member can.
  • mikehughescqmikehughescq Member Posts: 6,003 Disability Gamechanger
    If appeal papers were happy clappy and all positive then you probably wouldn’t be appealing. The DWP submission is a template where paragraphs are selected as appropriate. As Poppy says you need to concentrate on your case. At this point you should know exactly which points you’re going for; why and what your supporting evidence is. If that’s not the case then you urgently need face to face advice and in any event you should be looking for a representative.
  • CharlongoCharlongo Member Posts: 4 Listener
    who do I get for advice? I went to the Citizens advice bureau but all they do is help you with the appeal application. 
  • mikehughescqmikehughescq Member Posts: 6,003 Disability Gamechanger
    Local authority welfare rights, independent advice centres, law centres, charity supporting one of your health conditions and so on.
  • kalenkalen Member Posts: 13 Connected
    edited September 2018
    Hi,
    I can only give you some advice from a DLA tribunal i attended years ago. I represented myself and was going against 2 decision makers and 2 emp reports. I wrote to the tribunal service prior to my tribunal listing my objections, but my oral tribunal itself was like a verbal account of my written questionaire. So in my experience, its your own explanations thats important for the tribunal to hear.
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Try your local authority welfare rights dept.

    Disability Rights publishes a Handbook that includes a description of PIP appeal hearings proceedings.  £16 from DR site or probably available in your local reference library.

    Main thing to remember is that tribunal hearings are inquisitorial.  Panel will ask a lot of questions to find out what you can and can't do.  Stick to your answers and don't let them try to lead you to say something different.
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Good advice @Matilda
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
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