Appeal adjourned

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ducks72
ducks72 Online Community Member Posts: 13 Listener
in PIP, DLA, ADP and AA
hi had my appeal adjourned today as they couldn’t make an agreement as to what points I needed. They said that they need to request my dla from when I first applied for motability which is back in 2007. Called dla and they have said they don’t hold records that far back not quite sure what to do now as it will go back to tribunal and a possibility that I could lose what little I now get can anybody spread any light on it for me please

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  • ducks72
    ducks72 Online Community Member Posts: 13 Listener
    hi had my appeal adjourned today as they couldn’t make an agreement as to what points I needed. They said that they need to request my dla from when I first applied for motability which is back in 2007. Called dla and they have said they don’t hold records that far back not quite sure what to do now as it will go back to tribunal and a possibility that I could lose what little I now get can anybody spread any light on it for me please
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Hi,

    I would contact HMCTS to tell them what DWP told you. As for losing any award you already have, is HMCTS planned on doing this then they will warn you before hand. They will either contact you by writing telling you that your existing award is at risk, or they will warn you on the day of the hearing. This will then give you the chance to either take what you already have to risk it and carry on.
  • ducks72
    ducks72 Online Community Member Posts: 13 Listener
    Hi poppy the judge said if I took it further it could go one of two ways get or lose the lot just not really sure what to do really 
  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    How long is your award for ?
  • ducks72
    ducks72 Online Community Member Posts: 13 Listener
    I was awarded lower rate of mobility for 12 months lost my living allowance 
  • ducks72
    ducks72 Online Community Member Posts: 13 Listener
    When I originally applied in 2007 it was a lifetime award
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    ducks72 said:
    When I originally applied in 2007 it was a lifetime award
    That was DLA and this is PIP, they are different benefits.
  • ducks72
    ducks72 Online Community Member Posts: 13 Listener
    The letter that I got from the tribunal today said that they couldn't come to a conclusion on it and to be fair it would need to be adjourned and they wanted to get the original application so that they could see what I was awarded on points for DLA this is confusing me as I know pip is a different benefit hence why I spoke to DLA she put me right. Then I spoke to CAB and she was very helpful and also said what you have and they will looking into it and through it with me but she couldn't also understand why they would have even said that as its nothing to do with the PIP claim. Im so confused and this is making me want to give up and just settle for what I get but I have already been through all these assessments so I could get it in the first place
    poppy123456 said:
    ducks72 said:
    When I originally applied in 2007 it was a lifetime award
    That was DLA and this is PIP, they are different benefits.

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    ducks72 said:
    Hi poppy the judge said if I took it further it could go one of two ways get or lose the lot just not really sure what to do really 
    This sounds like a warning to me, therefore you urgently need face to face advice because an internet forum can't advise you because no one knows anything about your case. This link will help you find what's available in your area. https://advicelocal.uk/

  • ducks72
    ducks72 Online Community Member Posts: 13 Listener
    poppy123456 said:
    ducks72 said:
    Hi poppy the judge said if I took it further it could go one of two ways get or lose the lot just not really sure what to do really 
    This sounds like a warning to me, therefore you urgently need face to face advice because an internet forum can't advise you because no one knows anything about your case. This link will help you find what's available in your area. https://advicelocal.uk/
    Thankyou so much for your help I really appreciate it I will go have a look now 

  • CockneyRebel
    CockneyRebel Online Community Member Posts: 5,188 Championing
    This does sound like a warning, with a short award you may soon need another review. As poppy says you do need f2f advice asap
  • ducks72
    ducks72 Online Community Member Posts: 13 Listener
    CockneyRebel said:
    This does sound like a warning, with a short award you may soon need another review. As poppy says you do need f2f advice asap
    Thankyou for your help having a look round now 

  • Pipquestions2
    Pipquestions2 Online Community Member Posts: 92 Empowering
    edited June 2019
    Does sound like a warning to me also

    If you can't get DLA report you'll need to get more evidence proving your difficulties that satisfy the descriptors. 

    You should gather all evidence that you can get proving your difficulties and take them to a face to face advice centre 

    If you can't get any further evidence you might have to just accept the reduced award. I've heard pip is harder to get than DLA especially for the mobility part so it's not guaranteed you get the same awards 
  • drewdundee
    drewdundee Online Community Member Posts: 49 Contributor
    Think GDPR rules must have changed it for DWP too cause in my work we can only keep record for two years now and if we want to keep them any longer there has to be a good business reason for it. So wouldn’t be surprised if all the records regarding DLA are gone now.

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