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Awaiting tribunal date

dillongirldillongirl Member Posts: 34 Listener
in PIP, DLA and AA
Hi I'm fairly new to this.i apllied for pip may 2019.i have severe osteoarthritis and other health conditions suffer with mental health also been diagnosed with PTSD. I had assessment by capita who did a home visit.in July the lady was very rude she kept huffing and puffing as I was in a state due to anxiety she said if u don't sort yourself out I will have to terminate this assessment. She didnt care what I had to say.you could tell she was rushing things.amyway was awarded zero points.so did the reconsideration still no change i then got legal advice of cab a lady filled the form out and even she was shocked that I was rewarded zero points.i received letter of tribunal stating dwp got 28 days to respond. Which was up on the 4th dec 2019.my daughter then phoned the tribunal for them to say dwp got till 11th dec.its made my anxiety worse and making me more ill. I sent a big bundle to the courts with all the evidence they need.why is it taking so long.becauee if we were late sending anything back we wouldn't get away with it but penalised for it.i don't know how much longer I can go on.struggling financially.any advice would be very helpful thank you for taking you're time out to read this 
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Replies

  • JurphJurph Member Posts: 346 Pioneering
    Hi!

    I'm not sure about the bundle, ones I've seen before are given extensions.

    In regards to the wait though, you need to prepare for a long wait. It can take over a year to get a hearing date.

    If you call HMCTS, they'll be able to give you an idea how the long the wait is in your area.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    This won't be the first time this has happened and most likely won't be the last. DWP are well known for taking their time to respond but they will eventually. The hearing will still go ahead,  and as @Jurph has said, waiting times are huge across most of the country so you could be in for a very long wait.

    You say you've sent a big bundle to HMCTS, do you mean evidence? With evidence more is very often less because if it's huge amounts they may not even read it. It would have been much better if you had gone through that evidence and only sent what was relevant.
    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.
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  • dillongirldillongirl Member Posts: 34 Listener
    Hi thank you for you're response. Only reason I sent a bundle of evidence is because when I spoke to a clerk she advised me to send it all in before tribunal hearing so that it could be looked at by the judge. My daughter phoned them last week.deadine was the 4th dec but dwp hasnt responded. So they was giving till the 11th dec.but why haven't dwp responded.is what I want to know.my daughter will ring tribunal again tomorrow 12dec.or is there just no point and just wait.this is making my health worse.my anxiety is through the roof.i just feel theres no where to turn to.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As i advised, they very often don't respond with in the time given but they will eventually respond. There's nothing further you can do and the hearing will still continue.
    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.
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  • dillongirldillongirl Member Posts: 34 Listener
    Thank you for the response ow well just a waiting game then.hope everyone has a nice Christmas me on the other hand won't.😥
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  • MobileGamesMobileGames Member Posts: 88 Courageous
    @dillongirl. Welcome. I've been waiting 8 and a half months so far for an appeal. The DWP take their time on most things,sadly. The wait for an appeal hearing can take up to a year,or longer so that will give the DWP plenty of time to send their response to the HMTCS. It is very stressful and I have felt like giving up,but I'm not going to. In the meantime try to get some representation,CAB for written and possibly in person. I got someone on my behalf to contact CAB (not local one) and they sent me a consent form to send over all my evidence and have it scanned. They've started to look at it now. They'll help by doing a written representation for me. It may take some time,but the longer I have to wait for a hearing,the more time they'll have to look through it and they said that once I get a date they'll do the letter. They'll ring to discuss the descriptors and where I feel I should've scored points and why. Another CAB is going to represent me in person,not speak for me,but put my case fotward. My local CAB did the MR and other CAB's can help with appeals as the local CAB told me this. I know what I've just said isn't of much help,but I know how hard it is,grab help where you can. 
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  • dillongirldillongirl Member Posts: 34 Listener
    Thank you @MobileGames thank you. I went to cab who did my forms for appeal to tribunal and put her self down as representative. The dwp had 28 days still nothing of them today I received letter of tribunal stating the responded got 21 days do they mean dwp I find this all so overwhelming.my daughter did phone tribunal on my behalf today but she said that it could take a further 21 weeks so I'm very confused.any advice would  be greatful
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  • dillongirldillongirl Member Posts: 34 Listener
    Sorry please and thank you 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    DWP very often don't respond within the timescales given but it doesn't mean anything at all. The hearing will still continue as normal and they will most likely respond eventually.

    Not sure what was meant by the 21 weeks, unless they mean the waiting times for a hearing, if so then that surprises me because waiting times are huge across most of the country and lots of people are waiting at least a year for a hearing date. Although any timescales you're told are nothing more than a guide.
    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.
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  • dillongirldillongirl Member Posts: 34 Listener
    Thank you @poppy123456 for responding.sad really because we have to make sure everything is done within the time scale.so I'm looking around march time.what happens if dwp don't respond at all.does the hearing just go on without them.thank you again x
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome. They will eventually respond and this happens a lot. The hearing will still go ahead regardless.
    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.
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