PIP, DLA and AA
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PIP appeal taking a long time

SimonelliottsmithSimonelliottsmith Member Posts: 2 Listener
edited March 2020 in PIP, DLA and AA
I applied for a PIP back in the beginning of 2019, I appealed my decision in May 2019. I'm still...... waiting for a response, surely I shouldn't have to wait this long. I've contacted PIP whom inform me the same as the "appeal a benefit decision" Via .Gov which is "we've received your appeal". Has anyone got any advice on what I can do to hurry this up? Is anyone waiting or waited longer? Advice would be much appreciated. 

Replies

  • Ami2301Ami2301 Member Posts: 7,445 Disability Gamechanger
    Welcome to the community @Simonelliottsmith Unfortunately, appeals/tribunals can take up to a year, sometimes longer. 
    Disability Gamechanger - 2019
  • janer1967janer1967 Member Posts: 9,153 Disability Gamechanger
    Hello and welcome to the community, have you had notification that the courtS have received your appeal or had the appeal bundle from DWP. 

    Is it just the tribunal date you are waiting for if so as said above they can take a while to get to court mine was 13 months some are even longer.

    If you haven't received your bundle or court acknowledgement try ringing them again you may get a more helpful person on the phone next time

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

    When you say appeal do you mean the MR or the Tribunal? If you mean the Tribunal then waiting times are huge for most areas and lots of people are waiting a year at least for a hearing date. Ringing DWP to ask anything at this point is pointless, it's HMCTS that you need to contact. It's nothing to do with DWP at this point. You can ring HMCTS and ask for a timescale for your area and they will tell approximately how much longer it will be.
    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.
  • SimonelliottsmithSimonelliottsmith Member Posts: 2 Listener
    I have appealed via the .Gov process. I have no idea what MR stands for? I originally requested I attend the appeal, this was then highlighted it would take a long time to process, I was then informed a non attended hearing would be much faster. I will contact HMCTS but think I have also tried this explaining it can take quite a long time to complete. My biggest fear is my claim will need to be reviewed and I wont of even had a decision on the 1st 2 years giving. 😕
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    MR = Mandatory Reconsideration. As you have requested the appeal with HMCTS then this is the Tribunal. As i advised, backlogs are huge in most areas and lots of people are waiting about a year for a hearing date. Some are waiting in excess of a year for a date.

    I strongly urge you to appear in person for you to have the best chance of a decision in your favour. Paper based decisions for Tribunals have between a 5-8% success rate. Appearing in person without representation there's about 50% success rate. With representation this jumps to about 75% success rate. As you can clearly see, appearing in person is by far a much better chance of a decision in your favour.
    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.
  • mikehughescqmikehughescq Member Posts: 5,977 Disability Gamechanger
    1 - a lot of online appeals are going awol. 
    2 - the delays are reducing rapidly. New appeals are being listed in under 30 weeks as it’s still dropping. 
    3 - depending on the case there can be advantages to proceeding without an appeal bundle. You can complain about the kick though.
    4 - instead if worrying about the delay, use the time wisely. Gather your anecdotal evidence and get a rep.
  • ShaunHShaunH Member Posts: 28 Connected
    Hi, sorry to jump in here i am in the same kind of situation, @mikehughescq you say get a rep and as @poppy123456 stated the figures of success, i am currently waiting my "bundle" so awaiting tribunal date I have citizens advice helping and they SAID to contact them when i get the "bundle" and they will help write a statement in much more detail on how the descripters effect me. 
    They have also told me that they won't be about to come with and represent me in court as budgeting has stopped them doing this, i dont have anyone who can come with me so how would I find someone in the knowhow to join and support me with this? 
    Thanks 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    For representation put your postcode into this link to see if you have a welfare rights or law centre near you.

    Do be aware that even with representation you will still have to speak for yourself during the hearing.

    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.
  • ShaunHShaunH Member Posts: 28 Connected
    Yes i am kind of prepared for that with your help on here and alot of others but i think alittle support and reassurance in there may go along way. Thank you 
  • Alice_HoltAlice_Holt Member Posts: 46 Courageous
    edited March 2020
    ShaunH said:
    Hi, sorry to jump in here i am in the same kind of situation, @mikehughescq you say get a rep and as @poppy123456 stated the figures of success, i am currently waiting my "bundle" so awaiting tribunal date I have citizens advice helping and they SAID to contact them when i get the "bundle" and they will help write a statement in much more detail on how the descriptors effect me. 
    They have also told me that they won't be about to come with and represent me in court as budgeting has stopped them doing this, i dont have anyone who can come with me so how would I find someone in the knowhow to join and support me with this? 
    Thanks 
        The important aspects of the appeal for you is:
          a)  Sit down with your CA rep when you both have the bundle, and
                 i) for you to understand what happens at the tribunal hearing,
                 ii) for you and your rep to jointly identify the descriptors that apply to you, and how you get to (at least) the necessary 8 points,
                iii) for your rep to go carefully through the 100 + pages of the evidence bundle and write a submission explaining why you should have been awarded PIP,
               iv) for you then to go through and carefully review that submission to ensure the facts are correct, and that you are happy to explain more about how you are affected in relation to those descriptors to the tribunal panel.     

       At the tribunal, the panel need to hear your verbal evidence about your day-to-day life and how you cope. The only person who can give you that information is yourself.  They do not want a rep / supporter butting in. The panel have the advantage of the submission - they will focus on those descriptors.
    Your verbal evidence will be very important to the panel. You will find them friendly and considerate, and very willing to listen to you (possibly in contrast to the ATOS / Capita etc assessor).
    It is now unusual for a Cit A rep to attend the hearing as it takes a huge chunk out of their day with only a very small benefit for their client. Their main work is preparing you and writing the submission.

    Having a Cit A submission gives you a great advantage, you have the chance to understand how the descriptors apply, and you know what the panel will ask you about.  So use this advantage, take written notes / examples with you to the hearing to expand on the submission and be able to fully explain to the panel the difficulties you have.

    These resources will help you to understand the process and the PIP points system. Please read them carefully and note the vital importance of reliability for PIP points (pages 73 in the assessment guide).  

    https://www.advicenow.org.uk/guides/how-win-pip-appeal

    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/831253/PIP-assessment-guide-part-2-the_assessment-criteria.pdf

    In preparation for your Cit A appointment, gather medical evidence, see if carers / family / friends will write a letter in support detailing the help they give you around the descriptors, consider a SAR to get your medical evidence from your surgery.  
  • mikehughescqmikehughescq Member Posts: 5,977 Disability Gamechanger
    It is now unusual for a Cit A rep to attend the hearing as it takes a huge chunk out of their day with only a very small benefit for their client. Their main work is preparing you and writing the submission. 
    I do not believe this is accurate. CA ceased doing appeals when they contracted to provide advice through legal aid and legal aid has never provided funds for representation at social security appeal hearings whereas it has always funded preparation. That’s why representation on the day ceased to be offered. I was a CA deputy manager at the time that took place nationally.

    An appeal hearing takes a relatively small chunk out of the day. They are largely listed for 20 to 40 minutes albeit that delays can spin that to an hour or more. Occasionally cases can be listed for more than that but it is not a frequent occurrence. It’s useful to wait for the decision on the day but the rep doesn’t have to do that. Equally delays can easily be avoided by simply asking for the 10am or 2pm slot if there are medical or other reasons to support that eg child care; tiredness etc.

    As regards the benefit I’d be interested in knowing the basis for the assertion. Historically all research has shown a significant increase in the likelihood of winning if you have a representative who turns up with you on the day. These statistics speak for themselves. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/182311/foi-80708-annex-a.xls
  • neuromum4neuromum4 Member Posts: 67 Courageous
    The CA will be coming to my hearing to represent me in a few weeks time.
    They also helped with all the paperwork etc.
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