PIP, DLA and AA
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Withdrawing a PIP appeal

angel137angel137 Member Posts: 51 Courageous
edited July 2018 in PIP, DLA and AA
Hello all this is my first first post. It's a bit last minute.
I have a PIP tribunal taking place today. I wasn't able to attend in person so it's on papers. I hadn't giving them anything from myself after the DWP responded to my appeal, although I've done a short letter detailing what I would like them to look at. I thought the appeal would take place later in the year so I wasn't prepared. I've already done a long, detailed MR after which I received standard of both care and mobility. I've learnt today that it is meant to still take place today. I'm in a bit of a panic. I already receive standard of care and mobility eight points and now I'm thinking I don't know why I've appealed,  although I really do believe that the point score is inaccurate. I am risking my award doing this and I receive other benefits because of my current award. I really don't think it's worth it but as it's happening today, I was told by the ppl at the HMCTS that I could leave it and by the end of the day it would be done. 
 I wanted to withdraw. Losing my current award would be devastating. HELP!

Replies

  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @angel137 and welcome to the community. Tribunals can be extremely stressful, I hope yours went okay today. Please do let us know. Sorry for not been in contact sooner, I hope you get the outcome you are after.
    If you need anything else then please do not hesitate to be in touch!
    Community Partner
    Scope

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  • angel137angel137 Member Posts: 51 Courageous
    It is on papers and I'm regretting applying for an appeal..... It hasn't happened yet. 3pm apparently... 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @angel137, ah okay, that makes sense! Is there anyway of withdrawing the appeal?
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  • angel137angel137 Member Posts: 51 Courageous
    Not now! It was meant to be read today. I'm going to call the tribunal service tomorrow just to be sure it went ahead. I've been told that if the tribunal panel wanted to reduce or perhaps change the length of my award, which is a long one, they need to warn me first before the hearing begins. I would have the option of withdrawing my appeal were this the case.  I've not had a phone call from them. 
    Hopefully, I will find out tomorrow. 
    Stressful day today!
    Cheers Chloe
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    angel137 said:
    Not now! It was meant to be read today. I'm going to call the tribunal service tomorrow just to be sure it went ahead. I've been told that if the tribunal panel wanted to reduce or perhaps change the length of my award, which is a long one, they need to warn me first before the hearing begins. I would have the option of withdrawing my appeal were this the case.  I've not had a phone call from them. 
    Hopefully, I will find out tomorrow. 
    Stressful day today!
    Cheers Chloe
    That's exactly correct. The Tribunal would have had to warn you if they planned on lowering your existing award. Hopefully you'll have a letter in a couple of days. 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.
  • mikehughescqmikehughescq Member Posts: 5,781 Disability Gamechanger
    Paper hearings are not given a time. A tribunal get up to 8 oral hearings a day and paper hearings are usually held by a clerk so that if there’s time paper hearings can be done. This sounds more like an oral hearing which you’re unable to attend. Would it not make more sense to request a postponement if you can’t attend and then get yourself some representation to at least assess the merits of your appeal.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @angel137 you're more than welcome! I hope you manage to get things sorted today!
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    Scope

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  • angel137angel137 Member Posts: 51 Courageous
    As far as I am aware, you cannot postpone an appeal simply because you don't have representation. I found out quite late on about the appeal date and only had time to submit a further letter, via email.  My MR response was detailed. 

  • angel137angel137 Member Posts: 51 Courageous
    I called them. A letter is on its way. I'll know by the end of the week.
    I'm okay with whatever happens as long as there is no reduction! I won't be too disappointed. I just want to get on with life and put it behind me.
    The very best of luck to all in this challenging process. 
    See you soon. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @angel137, thank your keeping us updated and I wish you the very best of luck!
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    Scope

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  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    @angel137,
    Im not sure if it’s the same for a paperbase Appeal but I asked the tribunal service on the phone if they could tell me the decision, they did.

    Maybe if you are anxious about the decision call them back and ask them to tell you over the phone. You need to specifically ask though or they won’t tell you.

    Good luck
  • angel137angel137 Member Posts: 51 Courageous
    Thanks Susan. I was going to ask but thought they couldn't tell me. Maybe I will call back. :) 
  • susan48susan48 Member Posts: 2,229 Disability Gamechanger
    @angel137, you specifically need to ask the question or they won’t tell you.

    I hope it’s the award your hoping for, let us know please 
  • mikehughescqmikehughescq Member Posts: 5,781 Disability Gamechanger
    angel137 said:
    As far as I am aware, you cannot postpone an appeal simply because you don't have representation. I found out quite late on about the appeal date and only had time to submit a further letter, via email.  My MR response was detailed. 

    Yes, you can. There’s no guarantee such a request will be accepted but there’s nothing to stop the request. 
  • angel137angel137 Member Posts: 51 Courageous
    Hello. 
    Yes, it has been adjourned as it seems that they did not receive my letter responding. I wasn't satisfied with the letter I did so I will resubmit it with added evidence. I have 2 weeks.
    Also, I've not been well enough to get further assistance with the appeal. I agree it would be best if I could get some legal advice to ensure I'm not wasting my time and energy. 
    Cheers.
  • LittleGizmo86LittleGizmo86 Member Posts: 79 Courageous
    Hi angel137

    Please may i ask you something?

    You wrote in a panic when you thought the hearing was going ahead becuse you wanted to withdraw your appeal and you didnt know why you appealled in the first place but it was all too late. You also state you are happy as long as you dont get less and just want to get on with your life.

    So now you have been told it was adjourned why are you going back to gather evidence for your appeal... why not withdraw as you wished you would have been able to in the first place?


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi angel137

    Please may i ask you something?

    You wrote in a panic when you thought the hearing was going ahead becuse you wanted to withdraw your appeal and you didnt know why you appealled in the first place but it was all too late. You also state you are happy as long as you dont get less and just want to get on with your life.

    So now you have been told it was adjourned why are you going back to gather evidence for your appeal... why not withdraw as you wished you would have been able to in the first place?


    Why withdraw when you have nothing to lose. If the Tribunal plan on lowering an existing award they must tell you before doing so. This will then give you the chance of canceling the 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.
  • angel137angel137 Member Posts: 51 Courageous
    Hello. I understand what you mean, Little Gizmo.  I did consider that purely for the reason of just being able to get on with life. It has cost me extra mental stress. But on reviewing the government guidelines again, it confirmed that there are two descriptors, at least, which haven't been awarded properly, so I will focus on those. I've already done an extensive MR.
    I may look at the DWP response against the appeal, as there were errors. They've also left out a piece of evidence I submitted-it isn't in the appeal pack. I don't think this is accidental-it helps to support a descriptor I am challenging. 
    Cheers.

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    How many points did you receive from the decision, i know you said you already have standard for both. Have you looked at how many points you could receive from those 2 descriptors? Does this get you the 12 needed for Enhanced award? It is daily living or Mobility you're fighting for? These are the things you should be considering.
    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.
  • angel137angel137 Member Posts: 51 Courageous
    Hi. 
    Yes, I'm a bit more together now. It may not sound like it, but I am informed and experienced and have guides and advice to help me determine what my point scores should be. I hadn't looked at my information properly as I wasn't well enough to do so. I know exactly what I'm going for now and I have a template to set up my submission, which I will follow. 
     I have some cognitive and neurological issues so, sometimes, I get a bit 'scatter brained'! Ironically, they claim there is no evidence of this...... Concentration is an issue for me. 
    I currently have 8 points for both daily living and mobility. I wouldn't be doing it if the disputed points didn't add up to at least 12 points, if I am successful. The DWP decision did not follow the government guidelines on how points should be scored. 
    I don't have a lot of time so I am going to do it over the next 2 days. 
    Cheers.

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