PIP, DLA and AA
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pips appeal taken 13 months now adjourned

Lynn101Lynn101 Member Posts: 16 Listener
I hope this is in the correct area of the site , apologies if not as I dont do this kind of thing very often ( I am  typing on my wifes behalf ) . At my last assessment the assessor removed all of her "Planning and following A journey" points and some others . This in turn meant we lost the motability vehicle which i  relied on .

I will try to keep this as short and sweet as possible . She has multiple health conditions which affect her greatly in various areas of life  , Osteo arthritis of Spine , Neck , Knees ( these are just the confirmed areas there are probably more )  , AC-1 ( Arnold Charis malformation ) , Fibromyalgia , Asthma , Irritable bladder , ectopic heartbeats , Andshe cannot take much strong pain medication for fear of blood in urine or beta blockers for ectopic heartbeats due to her asthma I also suffer anxiety and forgetfulness due to the Fibro . 

The original assessor turned up at our home without any of her case study notes and the whole thing was a farce from the beginning , She then proceeded to outright lie about many of the things my husband said to her and so we ended up in this predicament. Yesterday ( our court date ) we got a call from the court 2 hours before the trial asking if we could go early so they could study the evidence from our notes as the DWP hadnt provided evidence even after a court order - we have been waiting 13 months for a court date , so the dwp hadnt mamaged to provide their argument in 13 months which is ridiculous .

We have a well typed report and all the medical evidence in our favour however the judge adjourned the trial because he didnt realize there was so much to read through ( 135 page report ) . As it happened a representative from the DWP turned up to the and he didnt even have any paperwork with him . The judge gave him a stern telling off and told him that after 13 months it was less than acceptable to have not sent the documents to the court and especially to have turned up unprepared. we did all sit and present certain aspects of our case - although all the dwp representative tried to bring to the table was a point from a 2017 award when we were discussing our 2018 award he literally had nothing to offer concerning the claim we were discussing .  

the judge has actually stated on the adjournment paper it is due to dwp not submitting any evidence . He was very understanding and apologized to us repeatedly stating he didnt think he could do our case justice but we should be aware it could take another 4 weeks to 4 months for the next date to be set .     My question is , does this seem usual or have we been taken for fools by the DWP , could they still offer a settlement or are we past that now , sorry for the questions its our first time in this predicament and my wife is very stressed by it all. All the best 
 

Replies

  • Lynn101Lynn101 Member Posts: 16 Listener
    HI  , i know , really sorry every time i tried to post it said time out try again later - so i presume it hadnt posted - any way i can remove them ?

  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @Lynn101, no problem at all! We have removed the duplicates :)
    Scope

  • Lynn101Lynn101 Member Posts: 16 Listener
    Thank you - was quite worried .
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    Hello @Lynn101 and welcome to the community. I'm so sorry that after waiting this long for your tribunal, you're now having to wait again. They could still offer you a deal but if they didn't before this tribunal, then it's looking less likely that they will.
    I really hope you get a new date soon. Please let us know how you're getting on and when you get any news.
    Community Manager
    Scope
  • Lynn101Lynn101 Member Posts: 16 Listener
    @Adrian_Scope , Thank you , we will keep you informed . On the upside they did already notify us that they are trying to sort out the next appeal date and we obtained extra evidence from the doctor today  . To be honest we would love to win the appeal but at this point we just want it over with as its causing massive stress on my wife . All the best 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,998

    Scope community team

    Hopefully the further delay will work in your favour with the extra evidence you now have @Lynn101, although I can definitely understand you just wanting it to be over with now!
    Community Manager
    Scope
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