PIP stopped now Mandatory Reconsideration.

124

Comments

  • Tumilty
    Tumilty Community member Posts: 112 Empowering
    the hm courts n tribunal service are awaiting a reply from dwp. I'm annoyed dwp haven't replied to my evidence, just got to wait, dreading it . 

    Regards 

    Tumilty
  • ASDIBS
    ASDIBS Community member Posts: 72 Contributor
    @Tumilty. I don't think that the DWP will respond now as it's you are appealing. There have been cases whereby DWP contact people beforehand to offer then an award. I think this is usually based on them receiving new evidence and maybe if they feel that you'll be successful at tribunal.  It's a waiting game now ☹️

  • Caz_Alumni
    Caz_Alumni Scope alumni Posts: 621 Empowering
    Just wanted to get in touch @Tumilty, to say that I'm sorry to hear about the current situation with your appeal. 

    It's never an easy process when you're waiting to hear back about something like this, I know. Please do keep stopping by the community and talking to everyone on here. Hopefully, that might help to take your mind off things whilst you're waiting for a response!

    Hope you have a restful bank holiday weekend :)
  • ASDIBS
    ASDIBS Community member Posts: 72 Contributor
    I was under the impression that hmcts sent any additional evidence to DWP?
  • ASDIBS
    ASDIBS Community member Posts: 72 Contributor
    I'll be honest. I just keep thinking that the hearing won't be listed yet and therefore try to get as much sent as possible. In relation to evidence, the HMCTS asked if I wanted to respond to the assessor's report which I did, I sent a statement from a support mentor and I sent a statement from myself about the level of support my son requires. I've also sent a letter detailing what points I think should have be awarded based on evidence already supplied. The photos etc were sent as part of my appeal application and the others items were sent in response to the receipt of the DWP's response.
  • ASDIBS
    ASDIBS Community member Posts: 72 Contributor
    Thanks Mike. It's difficult to give real life examples of some things. My son is autistic. He struggles with all activities but because he has had support in place it's difficult to give examples of what happens when support is not there. There were occasions when he would have a meltdown at school when his support was removed and since then we've made sure it's there for him (even now at uni). Therefore, I have to rely on information documented in his EHCP about the level of support he needs, his strengths, his weaknesses etc. I'll be honest, I'm struggling. Do you recommend that i send everything I've already emailed to HMCTS to DWP also? 
  • ASDIBS
    ASDIBS Community member Posts: 72 Contributor
    Thank you. I really appreciate your help and advice
  • Tumilty
    Tumilty Community member Posts: 112 Empowering
    Thanks Mikehughescq, ASDIBS & Caz_Scope for your words & advice. I sent the same info to both HMRC & DWP so they both have my interpretation of how my situation affects me day to day. Shame i couldn't get Dr's note but i guess now it's a waiting game. 

    Regards

    Tumilty
  • Tumilty
    Tumilty Community member Posts: 112 Empowering
    i just wondered if my HMRC appeal fails do i have to pay monies back like if lose in court pleading guilty or not gulity?. I think i asked before.

    Regards

    Tumilty
  • chiarieds
    chiarieds Community member Posts: 16,531 Championing
    Please don't worry, a tribunal just tries to find out if, on the balance of probabilities, PIP should be awarded. It bears no similarity to a criminal court. So, you're not going to court, rather a benefit's tribunal, where there will be a judge, a Dr. & someone with some disability understanding.
    The best advice I could give you is to look back over Mike's replies. Do you have a date yet for the tribunal?
  • Tumilty
    Tumilty Community member Posts: 112 Empowering
    Many thanks Chiarieds for your words & also i will look over Mike's posts, i've probably asked the same questions a few times knowing me.
    There is no date yet but dwp have responded  but arranging the date could up to a few months. 
    It seems strange how it can be done over the phone if there's 3 parties involved i imagined it would be a conference call type situation!

    Regards

    Tumilty
  • chiarieds
    chiarieds Community member Posts: 16,531 Championing
    You're very welcome @Tumilty :)
  • Tumilty
    Tumilty Community member Posts: 112 Empowering
    I still haven't heard anything but i expect there is a huge backlog.. Want to get it sorted whatever the outcome but still hate those brown envelopes, they give me instant overwhelming panic. 

    Regards

    Tumilty
  • Tumilty
    Tumilty Community member Posts: 112 Empowering
    Hi, so my tribunal is in a few days, getting quite anxious, hope it doesn't last too long.. Does anyone know if it is a conference call or similar. 

    Regards

    Tumilty
  • ASDIBS
    ASDIBS Community member Posts: 72 Contributor
    My son's was like a conference call. Judge, doctor and disability specialist nurse. 4 way call
  • ASDIBS
    ASDIBS Community member Posts: 72 Contributor
    Good luck btw
  • Tumilty
    Tumilty Community member Posts: 112 Empowering
    dreading it in ways as i'm terrible on the phone, it's the reason it went wrong in first place :|

    Many Thanks 

    Tumilty
  • ASDIBS
    ASDIBS Community member Posts: 72 Contributor
    I personally found that they were so much more understanding. I can only answer for the group that rang my son. They gave him plenty of time to answer questions, asked if a different way if they could tell he wasn't sure what was being asked and also asked if he needed a toilet break (one of his conditions is IBS). They checked if he was ok to carry on. I found that the doctor seemed to press more for answers than the others but I suppose he knows more about my son's medical conditions. Hopefully all will be ok ?
  • Tumilty
    Tumilty Community member Posts: 112 Empowering
    thanks ASDIBS, yes i agree they can be all different i've experienced that. i'll just take it as it comes as there's quite a lot of things from the past in the bundle they sent yer can't possibly remember all from the past that relates to now when anxious on the phone. its a pity it can't be a dr that i know that knows the past but i guess they take that in to consideration. 

    Regards

    Tumilty
  • Tumilty
    Tumilty Community member Posts: 112 Empowering
    Hi 
    Can i just ask please. If i am unsuccessful does it affect any other benefits i may be on? 

    Many thanks

    Tumilty