Tribuneral

natasha1981

Hi i sent a letter from my sons school stating i need a  urgent hearing but the tribuneral have said the reasons are not urgent enough but have advised me to send the extra evidence back to the dwp to see if they can over turn the desion wat will dwp do ive been waiting 12 months so far and its so stressfull 

poppy123456

Hi,

HMCTS can't give you a hearing date if there's none available. DWP will already have copies of all the evidence you sent. It's very rare for DWP to offer an award before a hearing takes place but it can happen, although i wouldn't rely on that happening. Unfortunately, backlogs for hearings are huge across most of the country and some are waiting in excess of a year, add that onto the waiting time to receive backdated money, if successfully award then it's even longer.

There's nothing more you can do but wait, i'm afraid. Hopefully it won't be much longer until you receive that date.

natasha1981

No the tribuneral havent sent the school letter to dwp  they told me to send it basically they refused my son saying he dont need extra care or supervision and isnt a danger to himself or anyone where in the school letter its states how he needs extra supervision and 1 to 1 30hrs a week at school and that hes a danger to himself and other pupils 

poppy123456

Everything you send HMCTS should be sent to DWP, if it hasn't then i'd be asking why it wasn't sent. Even with that evidence it's still rare for DWP to offer an award before the hearing takes place.

natasha1981

This is letter from school 

poppy123456

Have you sent that to HMCTS? if you haven't then you should send it and then they will send it to DWP. Hopefully you won't be waiting too much longer for a hearing date.

natasha1981

Im sending it tomorrow with a letter off the school nurse aswel is that letter good evidence

natasha1981

I sent That letter to tribuneral and for urgent hear in date but the cant as its not urgent but they have told me to send it to dwp to c ig they can change the desion

poppy123456

I can't advise you about the letter i'm afraid because i don't know anything about your case.

Is this a PIP or DLA claim?

There's no harm in sending it to DWP but you need to make sure it's sent to HMCTS ASAP. When they receive it they will automatically send a copy to DWP.

As i previously advised, to have an offer of an award before a hearing date it rare so you need to expect to have to attend the hearing.

mikehughescq

There are always slots available for appeal hearings as hearing lists collapse all the time but as most people rightly ask for 14 days notice of a hearing then most of those slots go begging. 

What you’re asking for is an expedited hearing. They can be granted in exceptional circumstances. However, what is exceptional? Most/every applicant is disabled. Most are living on other benefits. Many will have deductions or be restricted or benefit capped. 

Generally, HMCTS will allow an expedited hearing in cases where there is an imminent and verifiable threat of homelessness or death. 

Chloe_Scope

Hi @natasha1981, how are you doing? 

natasha1981

Hi im jus so stressed tribuneral wrote bk to me and sent all the copy of evidence saying cant do a urgent apeal snd have said to send evidence ro dep snd see if they change desion but not hurd nothin alse as yet

Chloe_Scope

Sorry to hear it is stressing you out so much. Have you managed to hear anything else @natasha1981?

natasha1981

I phoned DLA yesturday and they said they have recieved all evidence and its with the appeals i should hear something bk within 4_5 weeks for a desion so hopefully they change it 

Chloe_Scope

Fingers crossed for you @natasha1981! Please do let us know how you get on.

natasha1981

Ye hopefully will be good news when they decide fingers are crossed aswel Thankyou 

natasha1981

Hi chloe i have been offered dla for my son the dwp phoned and offered me middle rate and low mobility so i jus took the offer as it is jus stressfull and im not well myself i suffer with anixty and depression and fibromyalgia myself so inm jus greatfull for something off them and as ive been waiting a year and its been very long so thankyou for advise 

poppy123456

Great news. If you're claiming child tax credits don't forget to ring HMRC to report the changes because you'll be entitled to disabled child element, which will be backdated to the start of the DLA award.

If you're claiming Universal Credit then there's also a disabled child element of this and you should report the changes on your journal.

Adrian_Scope

Hi @natasha1981. I'm glad to hear they've made an offer. Please be sure to take Poppy's advice regarding tax credits / Universal Credit.

natasha1981

Ye i will thankyou to everyone