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PIP appeal adjourned.

bastro
bastro Member Posts: 6 Listener
Hi, so I received a letter dated the 15th December, to say my appeal had been adjourned till I have a phone hearing. So now I have two questions.

Is it routine for them to ask for a phone hearing if you wanted it to be paper based? 

The letter also states ' Members of this tribunal are excluded from future involvement in the appeal. ' 

What does this mean? Surely if I was to have a phone hearing then the other members of the tribunal should be present also? 

Comments

  • Ross_Scope
    Ross_Scope Posts: 5,790

    Scope community team

    Hello @bastro

    I hope you are well and had a nice Christmas, thanks for posting. 

    I am not certain of the answers to the queries you put forward there, but I'm sorry that this has caused confusion. It can be difficult to understand sometimes exactly what is meant by some of what is said during communications about these things.

    From having read other posts on here, I'm not sure it's routine for them to go down the route of a telephone hearing in situations like yours, but I'm sure other members will clarify that.

    I wish you all the best with the tribunal :) 
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  • mikehughescq
    mikehughescq Member Posts: 8,361 Disability Gamechanger
    You do not want a paper hearing. The success rate could politely be described as negligible. Single figures percentage wise. 

    All that has happened in your case is that a tribunal came to do your paper hearing and decided that they had insufficient evidence to make a decision. That strongly suggests that you didn’t take the advice previously offered about ignoring the HCP report and doing a submission based on anecdotal examples. 

    It is not unusual for a panel to decide that a paper case really requires an oral hearing. They would normally opt for face to face as the first choice but that’s off the table for anything other than the most exceptional cases. Next choice would be video but as you opted for a paper hearing they won’t have any knowledge of whether you have an appropriate device or a good connection so they’ll have made a fairly sensible decision to go for a telephone hearing. You have the opportunity to request video should you so desire but you can’t now try and go back to a paper hearing. That ship has sailed. 

    The panel have sensibly excluded themselves because they have all heard the evidence in your case before deciding it needs a phone hearing. There is a general, fairly obvious, principle that no member of a tribunal should have more knowledge of your case than any other. Having started to part hear the evidence in your case then adjourning it would normally mean it would have to go back to the exact same three. It would be unfair if the next tribunal had one person who had already considered the issues in depth and two who had not. 

    However, getting the same three people together on the same day to rehear a case is a difficult to impossible task so it makes far more sense for them to formally exclude themselves and thus have your next appeal heard by three people with exactly the same level of knowledge of your case i.e. none.
  • poppy123456
    poppy123456 Member Posts: 25,781 Disability Gamechanger
    It's always in your best interests to "attend" a Tribunal hearing. Paper based hearing success rate is very low, less than 10%. It seems like they looked at your case and couldn't make a decision on the evidence they had so they've asked you to attend. Perfectly normal for it to be a different panel for the hearing.
  • bastro
    bastro Member Posts: 6 Listener
    Thank you for your replies, I hadn't actually sent off what I had wrote, unfortunately I got side tracked by other ailments and wasn't able to complete it. Therefore the tribunal would have only been able to consider what I had already sent prior to the adjourned hearing. 

    So I would assume that I stand more of a chance since I'd be able to talk about my issues with the tribunal rather than them reading it. I've read a number of threads on this side so I'm aware of what to expect and I'm also aware that everyone is different. Though personally I'm hoping they don't require a very precise analogy of my issues since it's difficult to articulate that verbally.

    Again thank you for your replies, though I will admit I am beyond late to reply to my own threat. I'm pretty useless at keeping track of things. 

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