PIP appeal hearing.

benjiboy
benjiboy Community Member Posts: 8 Listener
in PIP, DLA, ADP & AA
Hi all 
I have an appeal hearing on 08/08/22 after 16 months since my previous award of enhanced living was stopped following assessment with capita in Jan 2021. I had a telephone appeal hearing in oct 21 that was adjourned after 5 mins. The judge recommended I attend f2f hearing as she would struggle to asses my mental state on the phone, also advised to submit additional evidence and seek representation. I have done all that was requested and am nervously waiting for next Monday. The law centre contacted me today and said I will be represented by a barrister!  On the first telephone appeal oct 21) the judge asked me if I remembered the the change in law regarding MH and the mobility component, I said I received a letter from the DfC ((NI) saying my award had been looked at but remained unchanged, I questioned this with CAB and was told I was halfway through a 3 year enhanced daily living award and not to Rock the boat as I could loose this. The judge said my case was complex with legalities surrounding SUPERSESSION (she used this word several times) which is why she strongly advised representation.
 Is anyone able to advise me on the meaning of the word supersession and why it may apply to my appeal, as far as I can make out it could be relating to my previous 3 year award that ended in Jan 21 when I raid the assessment. Could it mean I was on wrong award previously or would that be too far back to count, apply or matter. 

I am nervously waiting for my day next week and hope nothing happens for it not to happen, 16 months of stress and waiting has only made my MH all the worse! I am confident the DfC have made the wrong decision and am shocked I am being represented by a barrister!!! Can someone please explain (in simple terms) what supersession is, is it good or bad? I will update next week with the outcome of my hearing. Any help, advice or explanation will be greatly appreciated! Good luck to everyone having to go though this process, I feel your pain peoples 🤪

Comments

  • calcotti
    calcotti Community Member Posts: 10,000 Championing
    https://pipinfo.net/issues/supersessions
    I don’t know why the judge would be emphasising that. 

    A decision can either be changed as a result of suppression or revision.
    May find some some useful info here https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs74_challenging_welfare_benefit_decisions_fcs.pdf


  • Alex_Alumni
    Alex_Alumni Scope alumni Posts: 7,535 Championing
    Hello there @benjiboy and welcome to the community, I can see there's been a reply to your post, so let us know if we can help with anything further.

    I wish you all the best for the outcome of your appeal, and we look forward to your update!

    Please do have a look around the forum if you'd like to, you can find all the latest conversations in our recent discussions category, all the different topics in our categories page, and you can meet and chat with other members over in our virtual coffee lounge too.

    Hopefully the community can help take your mind off the nerves :smile:

    Alex
  • benjiboy
    benjiboy Community Member Posts: 8 Listener
    Thank you Alex, will do 🤗
  • L_Volunteer
    L_Volunteer Community Volunteer Adviser, Scope Member Posts: 7,921 Championing
    You are welcome @benjiboy. It is the very least you deserve  :)
  • benjiboy
    benjiboy Community Member Posts: 8 Listener
    Wee update - I had my appeal hearing this morning at 11:30. There was a judge and 2 doctors on the panel (the doctors talked to me most). I was in for little over an hour and 20 mins and they questioned me in detail. I was expecting to be told the outcome there and then but was advised I would receive the decision of the panel via post in the next 7 days. 1 weeks wait compared to 16 months in nothing. I think it went as well as it could but the whole drama with DfC PIP has proved to me the system is broke, even tho I know the panel are impartial, I should never have got to this point! I will keep you posted on the result. 
  • Ross_Alumni
    Ross_Alumni Scope alumni Posts: 7,611 Championing
    benjiboy said:
    Wee update - I had my appeal hearing this morning at 11:30. There was a judge and 2 doctors on the panel (the doctors talked to me most). I was in for little over an hour and 20 mins and they questioned me in detail. I was expecting to be told the outcome there and then but was advised I would receive the decision of the panel via post in the next 7 days. 1 weeks wait compared to 16 months in nothing. I think it went as well as it could but the whole drama with DfC PIP has proved to me the system is broke, even tho I know the panel are impartial, I should never have got to this point! I will keep you posted on the result. 
    Thank you for getting back in touch and updating us on your appeal hearing. It's interesting to read your experience, an 80 minute call must have felt quite tiring. Well done on getting through it, and all the best for the outcome.
  • benjiboy
    benjiboy Community Member Posts: 8 Listener
    Hi Ross 
    it was f2f not over the phone. I won the appeal and am now waiting for.a 20 month back payment. My advice to anyone going through this process is to be patient and trust in the tribunal penal, they are the experts after all. I am glad my 2 year ordeal has ended. I will be called for review in 12 months, I am not looking forward to fighting the broken system yet again! 
  • Tori_Scope
    Tori_Scope Scope Posts: 12,471 Championing
    Thank you for sharing that with us @benjiboy :) Well done! Will you be doing anything to relax or celebrate this week? 

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