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Appeal for PIP
Norbs66
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?
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
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
Let us know what happens.
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.
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
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Thank you. So releived
Thank you
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Thank you
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
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
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
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
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
Sorry they are Citizens Advice Bureau
Thanks i figured it out after 😀definetly i will do a mr on pip if not happy then i will apeal
Good stick with it and good luck
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
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
Damn. Well keep on at them and good luck
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
Its a bloody nightmare isnt it. I hope you get a good result for the MR. Don't give up. Good luck