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Is it possible to withdraw my appeal?

coldraincoldrain Member Posts: 4 Listener
edited August 2020 in PIP, DLA and AA
My pip tribunal was adjourned via telephone through covid19 stopping face to face sessions, I have had enough mental stress and want to withdraw my appeal, is it possible at this late stage?

Replies

  • Cher_ScopeCher_Scope Community Team Posts: 2,666 Disability Gamechanger
    Hi @coldrain

    I've moved this onto the PIP discussion board so people can see you better to give you support and an answer.  I'll check back later today to see if one of our lovely members has got back to you :)
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  • janer1967janer1967 Community champion Posts: 7,202 Disability Gamechanger
    Hi and welcome to the community glad you have joined us.

    I would advise to go ahead and not give up your art the final stage so why give up now. I know its easy for me t say but if you feel you should have been awarded then fight it

    Try and not think of it and not stress till the time. Also there has been a large increase in successful tribunals during the recent times 

    If you need any advice just let us know
  • coldraincoldrain Member Posts: 4 Listener
    I've really had enough is there a way I can withdraw at this late stage?
  • janer1967janer1967 Community champion Posts: 7,202 Disability Gamechanger
    I am sure you can withdraw just not certain how maybe ring the court and ask 

    I think they will want it in writing 

    I.am sure other members will advise who know the correct way 

    @Adrian_Scope can you help here 
  • coldraincoldrain Member Posts: 4 Listener
    Thankyou janer1967
  • Ross_ScopeRoss_Scope Community Team Posts: 2,373 Disability Gamechanger
    edited August 2020
    Hi @coldrain

    Welcome to the community :) 

    Yes it's possible to withdraw your appeal. You should have received a letter from them confirming or acknowledging your appeal, you just need to call the number provided on that letter if you no longer wish to proceed. 

    If you don't have a letter, you can call the Department for Work and Pensions (DWP) by calling 0800 917 2222. Just make sure you have your personal details handy, like your national insurance number and contact details.


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

    You will need to contact HMCTS regarding this and not DWP because the Tribunal has nothing to do with DWP at this stage. Although i would advise you against canceling it at this stage because if you do change your mind at a later date then you'll need to request it again and the time will start from the begining.
    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.
  • coldraincoldrain Member Posts: 4 Listener
    Thanks to all on response I will consider carefully before making my decision. 
    Much appreciated.

  • mikehughescqmikehughescq Member Posts: 5,304 Disability Gamechanger
    What was the actual reason for the adjournment? That’s surely the pivotal aspect of this.
  • cupcake88cupcake88 Member Posts: 723 Pioneering
    I know it’s stressful but please don’t give up please carry on with it you have come this far don’t give up 
  • Peter99Peter99 Member Posts: 19 Connected
    Please don't give up now. That is exactly what DWP wanted. 
  • Cher_ScopeCher_Scope Community Team Posts: 2,666 Disability Gamechanger
    Just wanted to check in on you @coldrain How are you doing?
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  • Kev_GKev_G Member Posts: 6 Listener
    Hi Coldrain,

    Well I don't think you have to do anything to be honest. If you don't turn up then that's the same thing. This also buys you time. I might phone the DWP and tell them the stress this has put you under and if you can have this extended.

    Do you have a supporter who could come with you. This helps a lot.

    Thanks,

    Kevin.


  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Kev_G that won't be necessary because face to face hearings are currently suspended due to Covid19. It would also be HMCTS that would need to be contacted and not DWP at this stage.
    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: 5,304 Disability Gamechanger
    Kev_G said:
    Hi Coldrain,

    Well I don't think you have to do anything to be honest. If you don't turn up then that's the same thing. This also buys you time. I might phone the DWP and tell them the stress this has put you under and if you can have this extended.

    Do you have a supporter who could come with you. This helps a lot.

    Thanks,

    Kevin.


    Oh my goodness. No, this is not correct at all. If you fail to appear for a telephone hearing then the tribunal will either adjourn to give you an opportunity to attend or will make a decision in your absence. Neither of those are the same as an actual withdrawal.
  • Kev_GKev_G Member Posts: 6 Listener
    @mikehughescq The net effect would be the same, unless there would be benefit in formally withdrawing vs. Casually withdrawing. Is there?
  • mikehughescqmikehughescq Member Posts: 5,304 Disability Gamechanger
    No, absolutely not. There is no “net effect” here and there is no “casually withdrawing”. You either formally withdraw or you do not. Not turning up cannot ever be treated as a withdrawal as that would be a potential and obvious error of law on the basis of breach of natural justice. Imagine an appellant with every attention of attending who is hospitalised with a stroke which removes their powers of communication. If their failure to turn up was treated as a withdrawal there would rightly be outrage and a clear error of law. If you want to withdraw then you have to formally do so. 

    A withdrawn appeal maintains whatever the original award was whether that was nothing or something. 

    A failure to attend which produces an adjournment clearly means that the appeal has not been withdrawn and will be heard on another occasion. 

    If the tribunal choose to go ahead because the appellant hasn’t turned up then they could award more than the current award or, crucially, less. 

    This last bit is vital. What if an appellant wanted to withdraw in order to at minimum leave their existing award in place. Just not turning up allows the appeal to proceed and remove the lot!

    Doesn't really work does it!
  • Adrian_ScopeAdrian_Scope Testing Team, Community Team Posts: 7,914 Scope community team
    Hello @coldrain. How are you getting on? I'm sure most of us can relate to how difficult the process can be. Have you made a decision about whether you're planning to continue with the appeal or withdraw?


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  • Kev_GKev_G Member Posts: 6 Listener
    Ah good point. It assumes they have any award of course.  if they don't attend then there could only be a neutral or positive result?
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