PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

PiP appeal

Lizzy30Lizzy30 Member Posts: 17 Listener
edited August 2020 in PIP, DLA and AA
HI im new here, iv been going through my PIP appeal for a year and a half, iv just tracked it and it said Hearing booked, but no date, so i rang and she said they cant give me a date incase of anychange but to ring at the end of the month of iv not had my decision in the post, im now worried sick as i was due to attend and cant because of covid. Iv now just got to sit and wait which doesnt help me. Has anyone had this? If so are the outcome to them doing it without me the same as face to face? 
Thankyou.

Replies

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

    Face to face hearings have been suspended for quite a few months and there's no sign of them starting back anytime soon. Instead people are having telephone hearings, some have had paper based decisions.

    The success rate of both has been amazing. Hopefully you'll hear something soon. Good luck.
    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.
  • Cher_ScopeCher_Scope Posts: 3,334

    Scope community team

    edited August 2020
    Hello @Lizzy30 and welcome to Scope's online community.  I'm glad you found us and @poppy123456 has been able to clear things up for you.  Just as a heads up, I moved your post to our PIP board so its in the best spot to get help.

    I know applying for PIP can be a nerve wracking process and I have my fingers crossed for you.  Please make sure to let us know how you get on.

    How are you today?
    Online Community Co-ordinator

    Want to tell us about your experience on the online community?  Talk to our chatbot and let us know.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    Hi thanks for the replies, i will keep you updated with what happens 🙂. Thankyou i did try move it but as im new i havent got a clue how this works. Im so worried but im ok thankyou, how are you? X
  • Cher_ScopeCher_Scope Posts: 3,334

    Scope community team

    edited August 2020
    Don't worry, if you ever want a post moving just ask one of the team and we'll do it for you.

    I'm glad you are ok.  Try to not get too worried about it, easier said than done I know, but take it one step at a time and make sure to ask our community any more questions you might.  We are all here to support you.

    I'm not bad for a Monday thanks :) Getting ready for a cup of tea!


    Online Community Co-ordinator

    Want to tell us about your experience on the online community?  Talk to our chatbot and let us know.
  • janer1967janer1967 Member Posts: 9,113 Disability Gamechanger
    Hi @Lizzy30 Welcome to the community glad you have joined us great place to get advice and some support

    You may want to look at our PIP section as there are lots of posts around tribunals to give you some other peoples experiencer

    Good luck and hope you get a hearting soon
  • mikehughescqmikehughescq Member Posts: 5,931 Disability Gamechanger
    Lizzy30 said:
    HI im new here, iv been going through my PIP appeal for a year and a half, iv just tracked it and it said Hearing booked, but no date, so i rang and she said they cant give me a date incase of anychange but to ring at the end of the month of iv not had my decision in the post, im now worried sick as i was due to attend and cant because of covid. Iv now just got to sit and wait which doesnt help me. Has anyone had this? If so are the outcome to them doing it without me the same as face to face? 
    Thankyou.
    They are fibbing. What’s actually happened is that your appeal is about to be trusted under C-19 rules. If they can make an award on the papers then they will. If not then you get listed for a telephone hearing. 

    No-one has amended the terrible online system they have so of course that just says that a hearing has been booked. No, it hasn’t.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    @mikehughescq this is what i was actually waiting for a phone hearing, its confused me as they sent a letter asked me to agree to the phone hearing which i did, then all of a sudden its now down to just them. Its so confusing. 


    Thanks everyone for the replies means alot x
  • mikehughescqmikehughescq Member Posts: 5,931 Disability Gamechanger
    Even if you’ve agreed a phone hearing the case gets triaged first.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    @mikehughescq sorry to sound silly but what does triaged mean? 

    Thanks again. 
  • mikehughescqmikehughescq Member Posts: 5,931 Disability Gamechanger
    Assessed.
    A judge assesses whether they can make a provisional decision to award based solely on the papers. If they can they do and if not it’s a telephone hearing. 
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    Hi again, i got a letter through the post saying an actual date now and also its a phone call appointment, i got it the day after i rang and was told i couldnt be told a date and was told it was being done with out me. Just thought id update x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It seems like they couldn't make a decision without the telephone hearing. Hope it goes well, good luck.
    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.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    Thankyou i will update once iv had the call 😁 x
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    Hi everyone, update on my appeal, i had my tribunal phone call on Friday the 28th Aug and had my decision by the 4th Sep, which i won 🙂 i couldnt be any happier, but the only thing that has confused me is it states on the letter that i het it from when i first applied but only untill may next year? Can anyone help me understand this please. 

    Thanks.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Lizzy30 said:
    Hi everyone, update on my appeal, i had my tribunal phone call on Friday the 28th Aug and had my decision by the 4th Sep, which i won 🙂 i couldnt be any happier, but the only thing that has confused me is it states on the letter that i het it from when i first applied but only untill may next year? Can anyone help me understand this please. 

    Thanks.

    That's great news. Yes, the award ends in May 2021. This means that you'll be contacted by DWP 14 weeks before the award is due to end and then you'll need to apply again. Back dated money can take between 2-8 weeks after a Tribunal win.
    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.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    @poppy123456 thankyou for the reply 🙂 so i will have to go through it all again 😫😫😞😞  like the hole form, assessment f2f and the end up taking it to tribunal again? Thankyou.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It will be the PIP2 forms yes and another assessment yes. Hopefully next time you'll be successfully awarded and won't have to take it to Tribunal.
    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.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    @poppy123456 whats pip2 forms?  I feel lile il have to keep fighting 😞Thanks again
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's the "how your disability affects you form" most likely the one you filled out the last time. These forms haven't changed since PIP was introduced. Example here. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/713118/pip2-how-your-disability-affects-you-form.pdf

    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you were waiting a for 18 months for this Tribunal then that's a nice amount of backpay they will owe you, depending on what you were awarded.
    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.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    Iv neen waiting 16 months and won standard on both. Thanks for helping me, im really upset that im.going to have to reapply x
  • Lizzy30Lizzy30 Member Posts: 17 Listener
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's a long time to wait. When it's nearer the time to reapply please post back here and i'm sure someone will give you some advice regarding filling out the forms. I won't give you the advice now as you have a few months before that will happen.
    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.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    @poppy123456 thats whats confused me as to why i have to reapply so soon. Ok thankyou 
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    Ohh no i just read your message again iv been waitin 16 months for the hole thing from the start, the appeal i started in Oct 2019. Sorry i read it wrong. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Lizzy30 said:
    @poppy123456 thats whats confused me as to why i have to reapply so soon. Ok thankyou 

    It's because the Tribunal have only awarded you until May 2021.
    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: 5,931 Disability Gamechanger
    If you are unhappy with the length of the award you can challenge that alone without it impacting on the amount of any award. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If you are unhappy with the length of the award you can challenge that alone without it impacting on the amount of any award. 

    I would appreciate it if you can explain how to do that when a Tribunal made this decision?
    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.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    The letter i had did say i could appeal it but it would be to a higher court or something like that?. Thankyou for replies. 
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    Could someone help me again please? Im benefit capped and told that i will be exempt from the cap once PIP is awarded, so the award starts from may last year, but the lady on my journal states im only exempt from when payments start? But iv just spoken to CAB and they believe i should get my bennefit cap backdated from the day my award started, meaning that UC should pay me back? Can anyone help with this please.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The benefit cap will be lifted from the date your PIP is backdated to and not from when the Tribunal made the decision. Any money owed to you will be paid but you'll need to wait until the PIP award is in payment, which can be anything from 2-8 weeks, sometimes longer.
    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.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    Ok thankyou, so as it will be from when i was awarded it last may? then Universal credits will back date the money taken for the cap from then? Because it would be alot of money which makes me think they wouldnt. Sorry for all the questions. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes, as previously advised, it's from the date the PIP award started.
    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.
  • Lizzy30Lizzy30 Member Posts: 17 Listener
    Ok thankyou would i have to fight for this? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No problem. If you're owed it then they should pay it, once your PIP is in payment of course.
    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: 5,931 Disability Gamechanger
    If you are unhappy with the length of the award you can challenge that alone without it impacting on the amount of any award. 

    I would appreciate it if you can explain how to do that when a Tribunal made this decision?
    Certainly. Short awards are usually made because people don’t ask for longer awards and because tribunals and indeed decision makers disregard the guidance on award length. A failure to take into account a relevant consideration is an error of law so the matter can be appealed to UT. You don’t want the UT to send the matter back to FTT else the whole award might theoretically be up for grabs but it shouldn’t be too hard to make the case for a longer award where there is a long term stable or degenerative condition. On that basis you pursue the appeal to UT and explain that you’d like the UT judge to sub their decision for that of the FTT but only on award length. If there seems a reluctance to do that then you withdraw but there’s no reason why a UT `judge would be unhappy with the approach.
Sign in or join us to comment.