Fit for some sort of work?????

poppy123456

DWP respond but it makes no difference if they don't. Your hearing will still go ahead and you still need to prove the reasons why you think you should be placed into which group you think you should be in. It could possibly delay the hearing date but backlogs are already huge anyway.

fatherinpain

Who can I contact as u/c say it’s not part of their department 

poppy123456

UC is DWP. You should be contacting HMCTS to chase the DWP to respond. You shouldn't be dealing with DWP at this point.

fatherinpain

They have tried that’s y they had 7 days from 28/8 to respond. But turns out it isn’t just work capability they haven’t responded to pip which appeal was sent in January. How can they get away with this? If it was other way round, it would be case closed

poppy123456

It often happens as i advised but it doesn't stop the hearing from proceeding.

fatherinpain

So how can they be allowed to do this? 

fatherinpain

So @poppy123456 I’ve received both appeals same date same time to be heard late November. Tribunal people said it looks like they will be a joint hearing. Also heard from appeals team from pip they are looking at further evidence to see if they can give me the extra points before needing to do the hearing. This all seems strange to me is this common to happen?

poppy123456

fatherinpain said:

So @poppy123456 I’ve received both appeals same date same time to be heard late November. Tribunal people said it looks like they will be a joint hearing. Also heard from appeals team from pip they are looking at further evidence to see if they can give me the extra points before needing to do the hearing. This all seems strange to me is this common to happen?

I've never heard of an ESA and PIP appeal being heard at the same time. I'll tag admin to see what they can advise.

Sometimes awards are given or offered before a hearing takes place but it's rare.

@Adrian_Scope any help here will be really appreciated please.

Adrian_Scope

Hi @poppy123456 and @fatherinpain, I have to be honest I've not heard of them being heard at the same time before either. I've left a message with a colleague to see if they have had any experience of this and will feed back with anything I hear. 

poppy123456

Thanks @Adrian_Scope i'll be very interested if you do manage to find anything out. PIP and ESA are different benefits with different criteria so i'm really not sure how the hearing for both can be at the same time.

fatherinpain

@Adrian_Scope  @poppy123456  So I spoke direct to local tribunal Center both hearings are indeed to be held together. With the pip letter I cannot see anywhere where it says the award may go down does this mean that it cannot?

poppy123456

For PIP if they plan on taking points away then you will be warned before they do this and they'll either contact you before the day of the hearing and you can either proceed and risk what you already or cancel the PIP hearing and take the award you have.

Or at the hearing you'll be warned, the hearing for PIP will be adjourned and then you decide what you want to do, proceed and risk or cancel and keep with what you already have.

fatherinpain

I will proceed regardless out of principle, I want it to be fair like I said before this isn’t about the money it’s about what is right, but thanks for the heads up

Adrian_Scope

Best of luck @fatherinpain, hopefully they'll find in your favour. I'll be very interested to hear how they manage the dual tribunal. 

Adrian_Scope

Hi again @fatherinpain. I've just spoken to my colleague who hasn't heard of them being held together either, so she's spoken to the Tribunal Service for clarification. They've confirmed that this is entirely at the discretion of the judge who is hearing the case.
We would advise being wary and asking for a clear distinction between the two matters. If possible, make sure to get a full transcript of the hearing (especially if the benefits are not awarded) to check they have not applied the evidence to the wrong benefit! There are obviously overlaps between the two and I can see that holding them at the same time could reduce stress.

fatherinpain

Thanks @Adrian_Scope, although they are different benefits, my answers were the same to relevant questions on the forms, I guess they might be taken slightly different depending on pip/uc but I’m hoping pip will be sorted before the date of hearing, though no expectations of that happening. I’ve just started physio program through workplace accident/ insurance, who is doing an assessment report but it’ll take a few weeks to get to me, which maybe to late to submit to tribunal, can I take it along if it has any relevance to why I cannot work?or is there way to let them no that more info maybe forthcoming 

poppy123456

Not being able to work is relevant to the UC work capability Tribunal and not for PIP because PIP isn't about not being able to work.

Do also be aware that the Tribunal will only be able to take into consideration what your condition was like at the time the decision for both claims were made. Any worsening of condition will not be taken into consideration.

It's always better to send the evidence to arrive no later than 10 days before the hearing date. If this isn't possible then take it with you on the day and hopefully they will read it and there won't be any adjournment.

fatherinpain

Hi @poppy123456, yes I’m aware it is for uc and it’s not a worsening of conditions just potential input from yet another person treating me, the work incident is one of the reasons I’m not capable of working. With regards to physio report I’m told it could take up to 30days to get to me  which leaves 23days potentially meaning it won’t be with me before deadline for sending to tribunal, it may or may not contain significant info, so until I see it I won’t no if it would be worth using 

fatherinpain

Out of interest @poppy123456 if I’m awarded either lcw or lcwra how long do these awards last?

poppy123456

You can be re-assessed anytime from 3 months. Any dates given are guides only. LCW is ongoing until you're found fit for work.

If you're awarded LCW and your claim started after April 2017 then you won't receive any extra money. If you're given LCWRA and it's UC you claim you'll receive an extra £336 per month from the 4th month of your claim starting from when you sent your first fit note.