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Appeal for PIP

Norbs66Norbs66 Member Posts: 45 Courageous
Hello all. I hope everyone is well and safe at this time. I have just received a text and email to say my appeal against my PIP decison has been held by the tribunal and I would receive their decision by post by the 15th of May. 
I only received the papers which were also sent to the tribunal last month. There was no indication as to when the tribunal would be held and assumed it would be months before it would happen. I did not request a paper based appeal and I have not received any communication to make me aware the tribunal was happening. I am now worried as I have not had the opportunity to submit any further evidence or to speak for myself. I was told by CAB and previously on here that I would receive some indication from the tribunal before my appeal would take place that if they felt I would not win my tribunal I would be advised of that and given the opportunity to withdraw so I wouldnt lose any benefit. This also hasnt happened. I am currently in receipt of standard on care and mobility and was appealing because of the lies contained within the report. Within the papers sent was included a ESA report and Doctors letter but I have since had another ESA assessment and again they ruled in my favour and placed me in the support group and it was a very detailed report as to how my disabilities affect me. This I was going to submit as further evidence but of course now the appeal has happended I cant do that. Is this right how they have done the tribunal without my knowledge and being able to submit further evidence?

Replies

  • dynasty30dynasty30 Member Posts: 71 Courageous
    I dont have any advice but im shocked that they didn't tell you it was taking place so you could prepare your side of things,i didnt think that would be legal to do that,i do hope someone can advise you its such a stress and worry for you 
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @dynasty30
    Thank you for your message. I didnt think it would be legal either. Hopefully I can get some advice and I will keep my fingers crossed for the outcome 
  • woodbinewoodbine Member Posts: 3,730 Disability Gamechanger
    I think I would be tempted to wait and see what they say by post, you never know it might be in your favour, but if its not then consider an appeal to the upper tribunal on legal grounds.
    Let us know what happens.
    my advice is given freely and is correct to the best of my knowledge.
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @woodbine yes that is probably wise to wait for the dreaded brown envelope. I will let you know of course. Do you know if I lose and apy to the upper tribunal will my benefit continue in the interim. Thank you 
  • mikehughescqmikehughescq Member Posts: 5,958 Disability Gamechanger
    Well first of all you might want to look back at your appeal form and see whether you requested at least 14 days notice for a hearing.

    Secondly, Covid-19 has resulted in emergency legislation so what happened to you is both legal and logical but very poorly explained.

    In the current climate all appeals should be previewed by a salaried judge. If they can award on the papers they will do so. If not then the matter will proceed as a telephone hearing. As yours proceeded as a paper hearing I’d say you have grounds for optimism.

    No idea who advised you on here previously but the advice as you present it was wrong. You are not notified in advance of an oral hearing that you might not win. On the day, at the start of the hearing, some people are given a warning that they may lose some or all of what they have if they proceed. Not quite the same.
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @mikehughescq
    Thank you for your explanation. CAB started the appeal process for me and asked if any dates were not suitable. I said any date would be ok. I received a text from the tribunal service March 20th which said they had received my paperwork from dwp and would text me again with a date for the hearing but they couldnt say when it was likely to take place. I never got a text re date but got the text this morning saying my case had been heard and they have sent their decision to me in  writing which I should receive by the 15th. Obviously it is a difficult time at the moment and of course no face to face appeals can take place but I thought I would get a opportunity to speak via phone. Thank you again as it is helpful when advice is received particularly as I know little about this process 
  • Norbs66Norbs66 Member Posts: 45 Courageous
    I have just received my appeal decision letter. They have awarded me enhanced on both and extended my award to Sept 2024 instead of July 2022. I am so relieved.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Amazing news @Norbs66!
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  • Norbs66Norbs66 Member Posts: 45 Courageous
    @Chloe_Scope
    Thank you. So releived 
  • dynasty30dynasty30 Member Posts: 71 Courageous
  • Norbs66Norbs66 Member Posts: 45 Courageous
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,924

    Scope community team

    Brilliant news @Norbs66
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  • Norbs66Norbs66 Member Posts: 45 Courageous
  • gillian72gillian72 Member Posts: 293 Pioneering
    @Norbs66, 😉 nice one, well done norbs66,nice little backdated ££ comes in handy with this lockdown / virus  atm 😷  could I ask u I saw in ur posts that u said u had dwp esa assessment report an drs letter did u have to request a copy of these then send them on urself as more evidence for pip??.
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @gillian72
    Thank you. Yes I just have to wait now as apparently the dwp have 28 days to lodge a appeal to the tribunal re their decision before I will be refunded backdated benefit. 
    Yes you have to request the ESA report from them and a doctors report and send it in with any other evidence with your PIP forms
  • gillian72gillian72 Member Posts: 293 Pioneering
    @Norbs66 , ahh right  I'm not at the appeal tribunal stage atm, but I'm sure  I will be  soon lol  so that's good to know  incase they haven't. bothered  to  contact my gp themselves atm with virus etc.. going on. so good to know that , thankyou  norbs66  🤗

  • Norbs66Norbs66 Member Posts: 45 Courageous
    @gillian72
    From speaking to many people dwp have never contacted anyone involved in their care. My gp etc were not contacted either. So I would advise you sending in your esa report and any other evidence you have and tell me you want that all taken into consideration  for your claim. Lets face it, it isnt in dwps interest to contact the people involved in our care they would just prefer to go on the form alone so they can fail people. So gather as much as possible and good luck
  • mikehughescqmikehughescq Member Posts: 5,958 Disability Gamechanger
    Norbs66 said:
    @gillian72
    From speaking to many people dwp have never contacted anyone involved in their care. My gp etc were not contacted either. So I would advise you sending in your esa report and any other evidence you have and tell me you want that all taken into consideration  for your claim. Lets face it, it isnt in dwps interest to contact the people involved in our care they would just prefer to go on the form alone so they can fail people. So gather as much as possible and good luck
    As per my earlier post, cases are previewed to see if they can be determined in your favour on the papers. If they can then you win. 

    However, it’s not about whether it’s in DWPs interest to contact your healthcare professionals. Legally, you’re the claimant and the onus is on you to provide the evidence to prove entitlement. 
  • gillian72gillian72 Member Posts: 293 Pioneering
    @Norbs66 I'm not sure if I  will be able to request  copy's  from dwp an send them aswell in time now I'm just waiting for  phone  assessment  atm  I've sent them my assistance living  assessment  of my aids they gave me to help me around the house an most recent mri an brain scan didn't bother sending older mri reports or  all hospital appointments an X-ray an eye tests etc..because I've cancelled all appointments coz I haven't been well to attend them an then came lockdown but I don't think they are bothered with appointment letters anyway   il ring dwp on Monday now an ask for report an Drs letter might ring dr an ask for a. update letter  but  think  letter will be the same as I've  cancelled appoiments so may not bother her atm plus I might be charged for  another one lol 
  • laxylaxy Member Posts: 35 Connected
    Norbs66 said:
    Hello all. I hope everyone is well and safe at this time. I have just received a text and email to say my appeal against my PIP decison has been held by the tribunal and I would receive their decision by post by the 15th of May. 
    I only received the papers which were also sent to the tribunal last month. There was no indication as to when the tribunal would be held and assumed it would be months before it would happen. I did not request a paper based appeal and I have not received any communication to make me aware the tribunal was happening. I am now worried as I have not had the opportunity to submit any further evidence or to speak for myself. I was told by CAB and previously on here that I would receive some indication from the tribunal before my appeal would take place that if they felt I would not win my tribunal I would be advised of that and given the opportunity to withdraw so I wouldnt lose any benefit. This also hasnt happened. I am currently in receipt of standard on care and mobility and was appealing because of the lies contained within the report. Within the papers sent was included a ESA report and Doctors letter but I have since had another ESA assessment and again they ruled in my favour and placed me in the support group and it was a very detailed report as to how my disabilities affect me. This I was going to submit as further evidence but of course now the appeal has happended I cant do that. Is this right how they have done the tribunal without my knowledge and being able to submit further evidence?

  • laxylaxy Member Posts: 35 Connected
    Hi are you saying tour pip report was a lie....if so i received my report and it was a lie too
  • gillian72gillian72 Member Posts: 293 Pioneering
    @Norbs66 this is going to be my last chance saloon for pip now it causes me to much stress an impacts my mental health I have problems not being believed to ppl in authority's because of my past might sound stupid to some pll I guess 😜
  • gillian72gillian72 Member Posts: 293 Pioneering
    @laxy hi laxy did u have a f2f assessment or was it by phone?.
  • gillian72gillian72 Member Posts: 293 Pioneering
    @laxy if it was f2f don't tell me I bet. it says u walking at normal gait signed in book np sat an stood up np bent down a picked ur bag up of the floor np an kept eye contact np reckon they are bots with same report built in there brains lol

  • laxylaxy Member Posts: 35 Connected
    Norbs66 said:
    I have just received my appeal decision letter. They have awarded me enhanced on both and extended my award to Sept 2024 instead of July 2022. I am so relieved.

  • laxylaxy Member Posts: 35 Connected
    Norbbs66 please can you advice me on appeal to pip as the asessor lied in the report ....im so upset and sad i almost broke down on how they can lie about a person whos going through so much with cronic health conditions. Please help  
  • laxylaxy Member Posts: 35 Connected
    gillian72 said:
    @laxy if it was f2f don't tell me I bet. it says u walking at normal gait signed in book np sat an stood up np bent down a picked ur bag up of the floor np an kept eye contact np reckon they are bots with same report built in there brains lol

    But they cant judge us over the phone. 
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @gillian72
    It sounds like you have sent in a lot so fingers crossed you get the result you need. If you don't then go for MR and if still no change then appeal. If you give up they win and thats what they want. I know its hard but if you get help from CAB they do the admin side of it and it takes the pressure off you 
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @laxy
    Yes my report was full of lies. The assessor never mentioned the full blown anxiety attack I had. Claimed I got onto the couch and carried out all the exercises. I couldnt get on the couch and never did any exercises. For every descriptor she cut and pasted her answer from the first descriptor and used that answer for every descriptor. The appeal thankfully pulled her report apart and based their decision on my esa report and awarded me enhanced on both and a longer award. If you have your report then go through it and write what points you disagree with for every descriptor. Use words like I disagree with this because? Don't use words like the assessor has lied as that wont help. You have I think 28 days from the date the report was sent to you to lodge a MR which is a mandatory reconsideration. I did mine through CAB but I beleive you can submit a request for the MR online at gov.co.uk.They will take several weeks to reply especially at the moment. The decision maker will look at your case and decide whether to either up your points or to keep them unchanged. It has been pointed out to me in the past it is unlikely for the MR decision maker to change anything. Dont be disheartened by that. Once you receive the decision letter for the MR you have a set time to lodge a appeal. Hopefully by that time CAB will be open and they can help you apply for the appeal and guide you. If not see if there is a charity local to you who can advise. Do not give up. I know its stressful and hard but your truth needs to be heard. I am so glad I persisted with mine. When I read i had won my case I sobbed with relief because they beleived me. Good luck
  • laxylaxy Member Posts: 35 Connected
    @Norbs66 Thank you so much ...do call them up for mr
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @laxy
    Im not sure. I went to CAB and they did my application online for the MR im assuming they used the gov.co.uk website 
  • laxylaxy Member Posts: 35 Connected
    What is cab sorry dont know who they are ?
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @laxy
    Sorry they are Citizens Advice Bureau 
  • laxylaxy Member Posts: 35 Connected
    @Norbs66

    Thanks i figured it out after 😀definetly i will do a mr on pip if not happy then i will apeal
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @laxy
    Good stick with it and good luck
  • gillian72gillian72 Member Posts: 293 Pioneering
    @Norbs66  thankyou 😜 Do u think I'd be cheeky if I phone them for my reports, then say instead of sending them to me could u do me a favour when u have a spare 5mins could u pop them up stairs to the pip assessment department ha ha lol😜😇
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @gillian72
    Ha ha I like that. It is all on computer they only have to click and send to the decision maker. Its better to habe your report so you can see what ia written and to keep it on file for yourself. I rang pip yesterday to see if they are sending me a letter detailing my new award and she told me dwp had written to the appeal board because they disagreed with the date. It was only one day out. Madness. But apparently I will receive the letter and back money Friday. Everything is a battle with them 
  • gillian72gillian72 Member Posts: 293 Pioneering
    @Norbs66  omg what a joke that's  just  stupid  they should use that waste of time  an get on with the back log , well it's still fab news for you  norbs  it's only 24 hours  wotth lol 😜😷
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @gillian72
    I know. But they are obviously in no hurry. I am on 2 Facebook groups for pip esa and all I am seeing is people who havent had a face to face but had a telephone assessment are winning and loads are winning tribunals as well. DWP must be fuming 
  • gillian72gillian72 Member Posts: 293 Pioneering
    @Norbs66 lol well  I  phoned pip  an they said I had to ring  atos to  get a  appointment of them  I phoned  for one an reply was umm ahhh ummm I have no  appointments left looking at my screen I'm afraid we will have to contact u  when ones available story of my life lol it's my own fault anyway coz last yr  I  didn't turn up  for  my  pip  appel tribunal  so I have applied for fresh  claim 4  pip again 😜😜
  • Lou67Lou67 Member Posts: 865 Pioneering
    Hi @Norbs66. Great news on your award big relief for you. 
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @gillian72

    Damn. Well keep on at them and good luck
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @Lou67
    Thank you. Yes its a great relief and come at the right time. I have a large Gas/Electric bill to pay and I can stop worrying how to pay it 
  • Lou67Lou67 Member Posts: 865 Pioneering
    @Norbs66 Oh nice one really pleased for you, I’m just waiting on word back on my MR I was getting DL standard up until Feb got word back April that I got 6 points for DL and 10 for standard mobility. I’m grateful I got something but really hoping things get changed but probably have to take it to appeal. Sorry I went on a bit there 🙂
  • Norbs66Norbs66 Member Posts: 45 Courageous
    @Lou67
    Its a bloody nightmare isnt it. I hope you get a good result for the MR. Don't give up. Good luck
  • Lou67Lou67 Member Posts: 865 Pioneering
    Thanks I appreciate that 
  • gillian72gillian72 Member Posts: 293 Pioneering
    @Norbs66 hiya  hope your still on cloud 9 lol  Norbs did u phone the assessment number Or benefit number who pays u for ur copy's of report ? story of my life I rang my benefit office an they closed at 3.30 pmsl 😜  Xx
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