Pips hearing been ajourned

cosmic21

hi my friend has had their pips appeal adjourned twice now, first time because  they stated that they got dla indefinitely and dwp did not provide evidence of this, secont time was the judge decided to  make them have a telephone hearing? needless to say this is adding more stress and anxiety, has anyone else had this and why would they do this,?

poppy123456

Hi,

Tribunal hearings can be adjourned yes but it depends on the individual case as to the reasons why. As know one here knows anything about the case it's impossible to say why it's been adjourned again.

Hopefully not too much longer now.

cosmic21

thanks well  they said it was in the interest of justice and its been 67 weeks..

poppy123456

Does the person already have an existing PIP award?

cosmic21

No, they were on DLA the had the assessment  for  pips as dla was coming to an end or changing over to pip, they were awarded dla indefinitely... 

poppy123456

Has he asked for a paper based hearing and the Tribunal have requested a telephone hearing? Paper based hearings only have between 5-8% chance of success so maybe this is why they've requested the telephone hearing.

Very difficult to advise without knowing the case.

cosmic21

 well at first it was a face to face, but then changed to a paper one as the  stress was too much, so a telephone one has been asked for  but the stress it getting too much... as its been 67 weeks and no sigh of  anything...  they said it could be  months before a telephone hearing is open..  

poppy123456

My guess is that they've requested a telephone hearing because they can't make a decision on paper alone and if a paper based decision did continue then they could lose the Tribunal. Telephone hearings can take a lot longer.

worried33

I had one adjourned once (because GP from my surgery was on panel), the judge made it very clear to the clerk the new appointment was to be escalated (priority) and it came within a month.

I hope this at least is applied to your case.

Personally I think a telephone hearing is a good thing, as you can still make your case (better than paper hearing) and you dont have the problems associated with attending.

Adrian_Scope

Hi @cosmic21, that's a long time to be waiting, I really hope you get a new tribunal date soon.

cosmic21

UPDATE>> i have had a call to say its going to be another 6 weeks at least, so  w/c 4th nov which would take it to 74 weeks.. should i be successful.. which as time rolls on i fear i now wont be.. will update results ect  when i get them x thanks all x

Chloe_Alumni

Thank you for updating us @cosmic21. I really hope you are successful!

cosmic21

Hi all.. well telephone hearing was yesterday, it was dreadful.. the phone kept loosing signal, i was not allowed to comment at all, my friend was so distressed.. they felt as though they were on trial...result is thats they feel  they have lost the appeal.. , yet when  they have gone before assessors before for the old DLA, they have been  awarded it.. nothings changed  in regard to mobility and only health issues that has changed is they now have high anxiety and depression........the system appears to be set up for  us to fail... yet i hear about others wos condition is not as bad getting it with no isses... not sure what they can do now..

poppy123456

I'm sorry to hear they didn't think it went well. However, you can't really speculate anything at this point until the decision letter's been received and usually this is within a few days of the hearing taking place.

It's worth knowing also that DLA and PIP are different benefits with different criteria. You really can't compare yourself to someone else because invisible conditions do exist.

Once the decision letter is received, if they are not happy then they will have 1 month from the date of the decision to request the statement of reasons and record of proceedings. Once this is received they will need to find someone to take a look to find an error in law. If no error in law is found then they won't be able to take this any further.

Hopefully the decision will go in their favour.

Chloe_Alumni

I'm so sorry to hear this @cosmic21! How are you doing today?

I hope you are doing okay today. If you need anymore advice then please let us know.

cosmic21

hi 
letter arrive and refused.. so as i say they now dont know what to do.. how can they suddenly be better.......... yet again dwp have lied and won.

poppy123456

I'm sorry to hear this. Unfortunately, having an indefinite award of DLA doesn't automatically entitle you to PIP. The Tribunal are totally independent to DWP and they would have looked at all evidence sent.

They now have 1 month from the date of the decision to request the statement of reasons and record of proceedings. Once they receive these they'll need to find someone to look for an error in law. Without this then they won't be able to take this any further.

They could start a new claim but using the same evidence they previously used could see another refusal. I would advise getting some face to face advice, help and support if they do decide to re-apply.

Chloe_Alumni

Hi @cosmic21, the advice @poppy123456 has given you is great. I just wanted to add that we all wish you the best of luck and please feel free to contact us if you need more information or support.