I'd like to dispute the award length only. How long do I have to do this?

ncor

Received the appeal submission pack today, quite a large set of documents.

Is there anything I need to do or check? Also it is just waiting now for a hearing date? Or could the tribunal decide without a hearing?

sorry for all the questions, anxiety very high at the moment.

calcotti

You should check to see atet all the documents you have sent DWP have been included in the bundle.

ncor

Okay thank you.

ncor

Finally got through the pack, 448 pages to be exact. For some reason they also included my claim pack and evidence from my previous claim in 2017, would there be any reason for that?

 A few bits of repeated evidence. Also one page of my daily diary was missing.

DWP stated in their submission that they have considered all evidence but they feel a review period of 3 years is correct as they ‘feel’ that my conditions could improve, yet they still haven’t specified a piece/s of evidence to justify this.

Also they state that the tribunal can decrease an award aswell as increase and that they may look at the activities which have been disputed and the ones that haven’t, in short they are saying that the tribunal may take some of my award away.

All in all what do you all think? Am I still on the upper hand here?

 Thanks.

calcotti

ncor said:

Also they state that the tribunal can decrease an award aswell as increase and that they may look at the activities which have been disputed and the ones that haven’t, in short they are saying that the tribunal may take some of my award away.

Standard cut and paste paragraph not particular to your case.

calcotti

Username_removed said:

..Why is 3 years being mentioned Ed? You said your original award was 2.5 and the offer was 4. 

That’s a review period of three years which would mean a 4 year award

ncor

Yes just re-checked them, I got confused. My original award was for 2 years 6 months but a review after 1 year 6 months. DWP offer was a 4 year award but reviewed anytime after 3 years if that makes sense. They did reference this in their submission, they also said that I had declined the offer as I felt my conditions were life long and wanted a 10 year/ongoing award.

Okay thanks for the advice will keep that in mind for the day of the tribunal.

Also do you know how long it will be until I receive a hearing date? I know everyone’s different but a rough estimate would be good.

Thanks again everyone for the advice.

poppy123456

ncor said:

Also do you know how long it will be until I receive a hearing date? I know everyone’s different but a rough estimate would be.

Mike has previously answered that question here… 

Username_removed said:
 At this point there are no delays and they are currently listing November.

ncor

ncor

Received these in the post today. Do they mean anything or are they just a standard letter before going to tribunal? Do I have to do anything?

ncor

Okay thank you.

Does this mean I may be near to getting a date for the tribunal? 

onebigvoice

ncor said:

Received these in the post today. Do they mean anything or are they just a standard letter before going to tribunal? Do I have to do anything?

*Note from moderator, the below post contains inaccurate assertions that have been corrected over the course of the thread:

  This is a standard set of papers from the Tribunal to state that they have now issued paperork to both sides for a Tribunal to take place.
  At this time you should have received a bundle from th Tribunal, which looking at the letter is aimed at the DWP.  I would look at the direction notice as it will state what the Tribunal needs to continue.
  It may ask for certain points to be clarified like statements you have made and did they receive it.
  if so where in the bundle is it.  They will generally give directives and after the meeting may ask them to clarify even further and my ajourn for 10 days.  but would normally make a decision on the day 
03 is the number on the panel which is usual as one will take notes the other two is a judge and a DWP medical doctor.
  All you need to do is speak the truth, don't add anything or try to embelish answers, and although you can take some one with you or have some one speak on your behalf you shoul have already discussed this with the Tribunal under any special needs.
  They don't have to be an appointee, they just have to have the permission from the appelant ( you ) since you may not redily take to answering questions under pressure or require a knudge to answer questions and they would then say, you for got to mention this or that.
  An appointee has full cover of your claim and can sort out bills and acts as power of attourney.  A case worker will have access to filesthat you give permission for them to act on your behalf about this case and does not want the responsibility's of POA so once the case is done that there job done unless you want to appeal. the decision.

AndrewHall

I think you are allowed to add comments to your submission until decision is made. Just ensure you don't contradict yourself. 

ncor

Received date for tribunal hearing today. 9th November. 

Pleased but so nervous and anxious at the same time, my brother is going to sit it on the call with me. Hopefully should be straightforward but you just never know.

 Thanks.

ncor

Thanks very much for the informative advice, will be doing all that.

just one more thing, is my Brother allowed to talk for me in any way for support? Like to start the hearing off by explaining everything?

ncor

Okay thanks will bear that all in mind. Will have a chat with him later. 

Next update will be with the tribunal decision so wish me luck and thanks very much again.

ncor

Hi,

sorry for the delay in replying haven’t been on in a while.

thanks for asking but keeping just about okay but little one is doing great.

hope your appointment goes well and doesn’t cause you too much stress. Anxiety kicking in heavy, only a few days till tribunal, just want to get it over and done with, butterflies in my stomach everytime I think of it.

thanks again for the message and hope your doing well, will give next update on Tuesday, hopefully good news, fingers crossed. 

chiarieds

Just want to wish you all the best for Tuesday @ncor - remember Mike's advice that you're only discussing the award length, & you'll be fine. You can do this. 

Justcheckingin15

Hi @ncor; Good Luck for Tuesday...If you listen to @Username_removed....you will be on the right track....(let's hope that 'track' is a long one)..in terms of award length.?

ncor

Hi,

Not a good result. 

The tribunal were pretty gruelling. They said as I am only 24 they would never give an open ended award. They started trying to talk about my medical history in a sense to Daily living and mobility. I reminded them I was querying the award length only. Result was an extra 6 months.

DWP awarded me 2 years 6 months and the tribunal awarded 3 years, not sure what else to do, quite nervous and scared now to go any further as I thought it would be pretty straightforward, there wasn’t even a rep from DWP.

I told them as showing in my medical history that I have had my conditions for nearly enough 10 years, they then started querying diagnoses, and if I am under the care of any specialists. I replied no as there is nothing more they can do for me.