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Decision reached without Tribunal hearing - can we appeal?

Hi All, I have been supporting my mum with her PIP appeal. We requested a tribunal hearing following an unsuccessful mandatory reconsideration. However, today she has received a letter stating that the tribunal decided they could decide this appeal without a hearing. She has been awarded enhanced mobility but has lost her daily living component, they have scored her only 6 points for this. My question is can we appeal this decision and if so what is the process? Would their current decision be put on hold until a hearing occurred? Many Thanks
Replies
What is an Error of Law?
When appealing a Tribunal Decision to the Upper Tribunal, you need to show that there has been an Error of Law.
Commissioners Decision R(A)1/72 states that there is an error of law if:
“The minimum requirement must at least be that the claimant, looking at the decision, should be able to discern on the face of it why the evidence has failed to satisfy the authority”
See also R(I)14/75 which states that a decision would be wrong in law if it was in breach of the requirements of natural justice or failed to state adequate reasons.
Thanks again.
So sorry to hear about your Mum. I have had the same thing happen to me they had given me high mobility and no care. I know why they have done this because they are saving money because they dont have to pay the severe disability benefit in my ESA which saves them £75 a week. I am waiting for a tribunal date and I have been told off the tribunal service the waiting time for a hearing is 54 weeks. I am in for a long wait. I went to see a benefit advisor about my tribunal and he looked at my tribunal paperwork he said that I have a really strong case and he wouldnt be surprised that I might get a phone call from DWP before my tribunal with an offer for my daily care as this is happening more now. I do not know what to think I have lost all faith with the DWP. They just leave people destitute and hope people give up. Do you have to wait for a date now? Anyway good luck and I hope you get some good news.
We applied to have the decision set aside, how long does it take to recieve a response as to whether they will agree to set aside the decision?
My mum had a message today saying that DWP have tried to call her about her claim. I'll call them tomorrow, I do hope its not more bad news!
Decisions relating to appeals are dealt with by the MOJ.
The trouble with telephone conversations involving the DWP are one thing, proving at a later date what was said is another matter.
For that reason I refuse to entertain any government department wanting to discuss anything with me - put it in writing!!
Has anyone else been in this situation? I've lost faith in them giving me the correct information!
Thanks