Is it possible to withdraw my appeal? — Scope | Disability forum
Please read our updated community house rules and community guidelines.

Is it possible to withdraw my appeal?

coldrain
coldrain Community 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?

«1

Comments

  • Cher_Alumni
    Cher_Alumni Scope alumni Posts: 5,741 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 :)
    Online Community Co-ordinator

    Want to tell us about your experience on the online community?  Talk to our chatbot and let us know.

    Concerned about another member's safety or wellbeing? Flag your concerns with us.
  • janer1967
    janer1967 Community member Posts: 21,964 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
  • coldrain
    coldrain Community member Posts: 4 Listener
    I've really had enough is there a way I can withdraw at this late stage?
  • janer1967
    janer1967 Community member Posts: 21,964 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 
  • coldrain
    coldrain Community member Posts: 4 Listener
    Thankyou janer1967
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,652 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.


    Online Community Coordinator

    Concerned about another member's safety or wellbeing? Flag your concerns with us.

    Did you receive a helpful reply to your discussion? Fill out our feedback form and let us know about it.
  • poppy123456
    poppy123456 Community member Posts: 53,357 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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • coldrain
    coldrain Community member Posts: 4 Listener
    Thanks to all on response I will consider carefully before making my decision. 
    Much appreciated.

  • cupcake88
    cupcake88 Posts: 1,273 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 
  • Peter99
    Peter99 Community member Posts: 65 Connected
    Please don't give up now. That is exactly what DWP wanted. 
  • Cher_Alumni
    Cher_Alumni Scope alumni Posts: 5,741 Disability Gamechanger
    Just wanted to check in on you @coldrain How are you doing?
    Online Community Co-ordinator

    Want to tell us about your experience on the online community?  Talk to our chatbot and let us know.

    Concerned about another member's safety or wellbeing? Flag your concerns with us.
  • Kev_G
    Kev_G Community member Posts: 13 Connected
    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.


  • poppy123456
    poppy123456 Community member Posts: 53,357 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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Kev_G
    Kev_G Community member Posts: 13 Connected
    @Username_removed The net effect would be the same, unless there would be benefit in formally withdrawing vs. Casually withdrawing. Is there?
  • Adrian_Scope
    Adrian_Scope Posts: 10,821 Scope online 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?


    Community Manager
    Scope
  • Kev_G
    Kev_G Community member Posts: 13 Connected
    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?
  • Dipsydee
    Dipsydee Community member Posts: 22 Connected
    I was thinking of appealing my pip M.R. but I'm still debating so I thought of maybe sending in for a tribunal hearing and then cancel if I decide against it. I felt assured by the advice that if it looked like I would get less, the judge would let me know so II could withdraw. However  that was short-lived by the the fact that apparently the DWP can then challenge the appeal. I got awarded standard on both, on review and M.R. During the M.R. stage I had a hip replacement (they dont know that at this stage) because dispite the operation (only 3 weeks post op) it still leaves me with issues and I've also got other issues that causes my mobility problems. I'm worried that if this comes up at the hearing it, will make either the panel or dwp think I'm better now. So even if panel change or stay with award  that the dwp will then go away and challenge/change my claim. So mind blowing. 
  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    Hi @Dipsydee - I hope you're recovering well from your recent hip replacement.
    One or 2 things I'd like you to consider. You would be appealing a decision as to how you were at the time of your assessment only. As you rightly say, if you proceed with a tribunal, then if there's any danger of your current award being lowered (either the rates or length), then you would be warned, & then would decide not to proceed; so no danger there of losing out.
    If a tribunal think you should have a higher award, then the DWP have an equal right to challenge the tribunal's decision, the same as you have. In reality, it would be very rare for them to do so, but it's why it can take up to 8 weeks before a successful claimant may get their backdated money. Also because it's up to the DWP to calculate what they owe a claimant, as they have to put this into payment.
    You can also look to get some expert local help from here: https://advicelocal.uk/    choosing 'Welfare benefits' from the drop down menu. If there's a Welfare Rights Office you can access, they will be able to give you the best advice, & possibly help with a tribunal. There may be other organisations that can also help, but if Welfare Rights are available, I'd go with them.

  • Dipsydee
    Dipsydee Community member Posts: 22 Connected
    Dear Chiarieds. Thank you very much  that's a great help. So if DWP do challenge the outcome. What happens. Do they have to put  a case to the courts or do they do that via me I.e. ask me to do a review or something.
  • Dipsydee
    Dipsydee Community member Posts: 22 Connected
    Oops sorry. Also. If I appeal and want to cancel at some point between receiving a hearing date and the the actual day, can I do this without issues (with panel or dwp). Thank you.

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.