PIP, DLA and AA
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How can I speed up the PIP appeal court process?

hannahajyre1hannahajyre1 Member Posts: 2 Listener
edited May 2018 in PIP, DLA and AA
Hi all
New to this forum desperate for help. My partner applied for PIP in December 2016. He was denied, put in a mandatory reconsideration with nedical evidence, denied again. We then proceeded with taking the appeal to the courts. We have been waiting 43 weeks now for a date of appointment. In this time my partners condition has worsened severely and his mental health has been severely impacted. 
I am just wondering how we can possibly speed up this process, if there is any way? I have contacted the advisor given to my partner over 42 weeks ago but yet awaiting a phone call back. It is grinding me down trying to keep him from hurting himself whilst also keeping his mental health positive whilst doctors have lost his MRI scan prolonging further spinal consultations, on top of us having a 4 year old boy and a 2year old boy to take care of.
We have no support what so ever, and desperately need this claim to financially support travel from Huddersfield to Sheffield for hospital appointments and an operation. 
Any help will be greatly appreciated, as we are only young my partner is 26 and has the spine of an 80yr old, I'm 27 and have no idea where we go from here.
Thanks guys

Replies

  • LadypetalLadypetal Member Posts: 8 Connected
    I'm sorry that this is happening to you. Try the Citizens Advice Bureau and Mind, they may be able to get you an Advocate to support you too. All the best x
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    Phone the Tribunal Clerk and ask if they can give you an estimated date.  Have you told them you'll accept a short-notice hearing date?
  • mikehughescqmikehughescq Member Posts: 7,104 Disability Gamechanger
    Backlogs vary hugely from area to area for a variety of reasons but mostly because HMCTS are very poor at estimating demand and are currently falling well short on PIP having let a number of salaried judges go. There is always a shortage of medical professionals too. 

    Unless your partner is terminally ill or there was some other immediate threat (live eviction in a Housing Benefit appeal) then you don’t have a particularly strong case for an expedited hearing. You should be aware that an argument of “getting worse” is an invitation for a tribunal to say “didn’t qualify on the date of claim but might now so go away and make a new claim”. It’s not a winning strategy on any front no matter how true.

    Finally, under no circumstances should you look for a short notice hearing. The advice is well meaning but wrong and potentially dangerous. 

    Tribunal listings often collapse at short notice for lots of reasons. Clerks look to the people who’ve agreed to short notice hearings to fill that gap and often wedge replacement tribunal members in at the last moment too. In order for that to happen you are effectively agreeing to have your case heard by a tribunal who will not have had the papers sufficiently in advance; will not have had a chance to preview your case in their own time; won’t have formed a view as a group; will have to ask lots more basic questions than usual and who often have to borrow papers off a clerk because there aren’t enough copies to go round or they’d simply didn’t arrive.

    With so much at stake financially do you really want to risk it in front of a tribunal far less familiar with the case than they would be had you let things run their course? 

    You could contact HMCTS and see if delays are less in another area but again that introduces extra travel issues and raises the same issue as regards preparedness.

    You could make a fresh claim given the deterioration you mention but that really requires face to face advice and is a fine judgement. It complicates your current appeal by confining any award to the day before your second claim and, as there are no guarantees you could end up heading for a second appeal. Imagine a scenario where your second claim fails and is being challenged. In the meantime your first appeal wins but the award ends almost immediately because you made the second claim. 

    If you can’t see your adviser about these issues then you need a new representative. 

    You also need to look at the hospital fares scheme and to get yourself a caress assessment. 
  • hannahajyre1hannahajyre1 Member Posts: 2 Listener
    Hi all, thank you for suggestions. I haven't said anything to the courts only rang a few times to see if a date has been appointed. I am going to contact PIP directly and wait on the support worker to contact back. Cheers guys
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