Appeal for PIP

Norbs66

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?

dynasty30

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 

Norbs66

@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 

woodbine

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.

Norbs66

@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 

mikehughescq

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.

Norbs66

@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 

Norbs66

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_Scope

Amazing news @Norbs66!

Norbs66

@Chloe_Scope
Thank you. So releived 

dynasty30

Great news 

Norbs66

@dynasty30
Thank you 

Adrian_Scope

Brilliant news @Norbs66! 

Norbs66

@Adrian_Scope
Thank you 

gillian72

@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??.

Norbs66

@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

gillian72

@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  ?

Norbs66

@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

mikehughescq

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. 

gillian72

@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 

laxy

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?