Is it possible to withdraw my appeal?

coldrain

My pip tribunal was adjourned via telephone through covid19 stopping face to face sessions, I have had enough mental stress and want to withdraw my appeal, is it possible at this late stage?

Cher_Alumni

Hi @coldrain

I've moved this onto the PIP discussion board so people can see you better to give you support and an answer.  I'll check back later today to see if one of our lovely members has got back to you 

janer1967

Hi and welcome to the community glad you have joined us.

I would advise to go ahead and not give up your art the final stage so why give up now. I know its easy for me t say but if you feel you should have been awarded then fight it

Try and not think of it and not stress till the time. Also there has been a large increase in successful tribunals during the recent times 

If you need any advice just let us know

coldrain

I've really had enough is there a way I can withdraw at this late stage?

janer1967

I am sure you can withdraw just not certain how maybe ring the court and ask 

I think they will want it in writing 

I.am sure other members will advise who know the correct way 

@Adrian_Scope can you help here 

coldrain

Thankyou janer1967

Ross_Alumni

Hi @coldrain

Welcome to the community  

Yes it's possible to withdraw your appeal. You should have received a letter from them confirming or acknowledging your appeal, you just need to call the number provided on that letter if you no longer wish to proceed. 

If you don't have a letter, you can call the Department for Work and Pensions (DWP) by calling 0800 917 2222. Just make sure you have your personal details handy, like your national insurance number and contact details.

poppy123456

Hi,

You will need to contact HMCTS regarding this and not DWP because the Tribunal has nothing to do with DWP at this stage. Although i would advise you against canceling it at this stage because if you do change your mind at a later date then you'll need to request it again and the time will start from the begining.

coldrain

Thanks to all on response I will consider carefully before making my decision. 
Much appreciated.

cupcake88

I know it’s stressful but please don’t give up please carry on with it you have come this far don’t give up 

Peter99

Please don't give up now. That is exactly what DWP wanted. 

Cher_Alumni

Just wanted to check in on you @coldrain How are you doing?

Kev_G

Hi Coldrain,

Well I don't think you have to do anything to be honest. If you don't turn up then that's the same thing. This also buys you time. I might phone the DWP and tell them the stress this has put you under and if you can have this extended.

Do you have a supporter who could come with you. This helps a lot.

Thanks,

Kevin.

poppy123456

@Kev_G that won't be necessary because face to face hearings are currently suspended due to Covid19. It would also be HMCTS that would need to be contacted and not DWP at this stage.

Kev_G

@Username_removed The net effect would be the same, unless there would be benefit in formally withdrawing vs. Casually withdrawing. Is there?

Adrian_Scope

Hello @coldrain. How are you getting on? I'm sure most of us can relate to how difficult the process can be. Have you made a decision about whether you're planning to continue with the appeal or withdraw?

Kev_G

Ah good point. It assumes they have any award of course.  if they don't attend then there could only be a neutral or positive result?

Dipsydee

I was thinking of appealing my pip M.R. but I'm still debating so I thought of maybe sending in for a tribunal hearing and then cancel if I decide against it. I felt assured by the advice that if it looked like I would get less, the judge would let me know so II could withdraw. However  that was short-lived by the the fact that apparently the DWP can then challenge the appeal. I got awarded standard on both, on review and M.R. During the M.R. stage I had a hip replacement (they dont know that at this stage) because dispite the operation (only 3 weeks post op) it still leaves me with issues and I've also got other issues that causes my mobility problems. I'm worried that if this comes up at the hearing it, will make either the panel or dwp think I'm better now. So even if panel change or stay with award  that the dwp will then go away and challenge/change my claim. So mind blowing. 

chiarieds

Hi @Dipsydee - I hope you're recovering well from your recent hip replacement.

One or 2 things I'd like you to consider. You would be appealing a decision as to how you were at the time of your assessment only. As you rightly say, if you proceed with a tribunal, then if there's any danger of your current award being lowered (either the rates or length), then you would be warned, & then would decide not to proceed; so no danger there of losing out.

If a tribunal think you should have a higher award, then the DWP have an equal right to challenge the tribunal's decision, the same as you have. In reality, it would be very rare for them to do so, but it's why it can take up to 8 weeks before a successful claimant may get their backdated money. Also because it's up to the DWP to calculate what they owe a claimant, as they have to put this into payment.

You can also look to get some expert local help from here: https://advicelocal.uk/    choosing 'Welfare benefits' from the drop down menu. If there's a Welfare Rights Office you can access, they will be able to give you the best advice, & possibly help with a tribunal. There may be other organisations that can also help, but if Welfare Rights are available, I'd go with them.

Dipsydee

Dear Chiarieds. Thank you very much  that's a great help. So if DWP do challenge the outcome. What happens. Do they have to put  a case to the courts or do they do that via me I.e. ask me to do a review or something.

Dipsydee

Oops sorry. Also. If I appeal and want to cancel at some point between receiving a hearing date and the the actual day, can I do this without issues (with panel or dwp). Thank you.