PIP, DLA and AA
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Help! PIP Paper Appeal..

djc1991djc1991 Member Posts: 16 Listener
edited November 2019 in PIP, DLA and AA
Hi everyone 

I originally applied for PIP on 5th November 2018, assessed on HV and no points awarded; MR unsuccessful and appeal pending. 

Im just wondering if anyone’s know any timescales for an appeal as it’s been almost 1 year since I claimed? 

Also the chances of my appeal being successful; I’ve since been placed in the SG for ESA/UC due to mental and physical ailments. 

Im based in South Wales; not sure if this effects wait times.. 

thanks 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Backlogs are huge in most areas with lots of people waiting in excess of 1 year for a hearing date. You can ring HMCTS and ask how much longer they expect you'll be waiting. It's only a guide but it will give you some idea.

    Unfortunately, no one can tell you whether you'll be successful because no one knows exactly how your conditions affect you against the PIP descriptors. PIP and ESA are different benefits, with different criteria. Appearing in person gives you the best chance of a decision in your favour.

    Hopefully not too much longer.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,937

    Scope community team

    Welcome to the community @djc1991. :)
    I'm sorry your application and MR were unsuccessful. Best of luck with the tribunal, I hope you won't be waiting too much longer. 
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @djc1991 and a warm welcome to the community! I am sorry we are unable to help you further. Please do have a look around and let us know how you get on. :)
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  • djc1991djc1991 Member Posts: 16 Listener
    Thanks Guys! 

    The DWP failed to respond to the appeal so it’s now been sent to a judge to look at; unsure whether this is to make the final decision or whether to send it back to the DWP with an extension for their response. 🤷🏻‍♀️

    Its a paper appeal as i don't leave my home so hopefully I get some response soon. 

    I have severe mental health problems, asthma, ethers-danlos syndrome, skin dermatitis, hepatosplenomegaly and I’m under assessment for borderline personality or bipolar disorder.

    It’s just a waiting game I suppose. 

    thanks again 

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Thank you for sharing this with us @djc1991 and best of luck with your claim! 
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  • djc1991djc1991 Member Posts: 16 Listener
    Hi everyone

    DWP have still not responded to the appeal so the tribunal now sent letter to both my self and the DWP it has outlined 7 directions for both the DWP and myself; which I don’t quite understand. 

    They've now said the appeal is to be listed for an oral hearing on the first available date however I should be aware that this could be delayed if the DWP do not respond in time. 
    The DWP are to attend and explain their failure to comply with the tribunals requests. 
    The DWP must give a full explanation of their reason.
    I as the appellant am to submit; all papers and letters received from DWP relating to the appeal and any further evidence in support of the appeal etc 
    I/my rep is supposed to supply a written submission on my behalf detailing all conditions etc. 
    It states that if the DWP respond in the next 7 days then appeal should be listed in normal manner. 
    If a response is received after 28 days but prior to hearing that the reasonings they supply should not apply. 

    I’m just really confused as to what I have to do next?
    Will I have to attend this oral hearing? - I don’t leave my home so this will be very difficult for me. 
    What other information could I provide? I have submitted 3 written statements from family/carers which explain my behaviours and how my conditions effect me. 
    Will my medical records or a letter from my GP help? 

    This has been going on since November 2018 and I honestly don’t know what to do. 

    Thanks 



  • markyboymarkyboy Member Posts: 368 Pioneering
    The same thing happened to me the DWP failed to respond and a date was set for my hearing i then wrote to the tribunal and said i will not be attending the hearing  due to medical reasons  it still went ahead and i won 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    This is amazing news! So happy for you @markyboy!!
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  • djc1991djc1991 Member Posts: 16 Listener
    I’ve just had an email to notify me that the DWP have now responded to my appeal - 6 months later - and that I don’t need to do anything. 

    Anyone know now what’ll happen next and if I’m to attend if I requested a paper hearing? 

    Thanks 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    My advice is to contact HMCTS and ask because we couldn't tell you what the Tribunal would prefer you to do but almost always they will prefer everyone to attend in person.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • djc1991djc1991 Member Posts: 16 Listener
    I’ll do that for her today. 

    Thanks 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    I hope you got on okay @djc1991. :)
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