PIP Appeal paperwork, should I chase the DWP?

Charlongo

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.

janekim96P

I'd try and get some advice from CAB or an advice centre good luck!

markyboy

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

Matilda

I think the judge does the chasing in these cases.

Charlongo

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.

markyboy

Not sure that you wanted advice in the first place as you seemed to have all the answers you need

debbiedo49

Good job!

poppy123456

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.

Charlongo

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

poppy123456

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.

Matilda

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.

Charlongo

who do I get for advice? I went to the Citizens advice bureau but all they do is help you with the appeal application. 

kalen

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.

Matilda

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.

debbiedo49

Good advice @Matilda