PIP oral hearing adjourned and now received decision notice based on papers only

sjtj
sjtj Online Community Member Posts: 9 Contributor
in PIP, DLA, ADP and AA
I have been dealing with my own PIP Tribunal for the last few years, there was a decision made years ago. However they had not applied a current case law so I had the decision overturned/cancelled. So we are back to having the original hearing again, it has been adjourned 3 times for various reasons to do with missing paperwork/ bundles. The directions notice after the most recent adjournment stated in the directions that it was to be relisted for a video hearing. 
Then out of the blue at the weekend I received a Decision Notice. 
My question is if I have always said I would take part in a hearing by video can the Tribunal judge just decide to make the decision on papers only?

Comments

  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    It depends. Sometimes the evidence is clear that points should be awarded for certain descriptors so they can make a decision on paper alone before the hearing takes place. If this happens it usually indicates that no further points would be possible.

    What was the decision, if you don't mind me asking.
  • sjtj
    sjtj Online Community Member Posts: 9 Contributor
    There are 5 factual errors in the notice which I have responded to. But I thought there was a right to be heard at a tribunal since the previous direction said it should be relisted for oral hearing. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    As i explained above they can make a decision on paper alone if the evidence is clear that certains points can be awarded for the descriptors.

    Yes, i realise there were errors in the first Tribunal decision but what was the decision for this hearing?
  • sjtj
    sjtj Online Community Member Posts: 9 Contributor
    No I meant there were errors on the decision notice I just received. They stated what level of benefit I received incorrectly 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    This is rather complex and i don't know anything about your case or what the actual decision was. This means it's very difficult to give any advice. You really do need to get some expert advice from an agency near you. Start here. https://advicelocal.uk/welfare-benefits

  • sjtj
    sjtj Online Community Member Posts: 9 Contributor
    Thanks. What I really wanted to know was can they decide on papers only, when they have agreed to video / oral case and there has been a previous oral hearing. Can they suddenly just decide to make decisions on papers only. 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    I already answered that question in my first comment. Sometimes it's clear that points can be awarded and they don't need any further information so they will go ahead with the decision. 

    We've had threads here in the past where an award has been made by the Tribunal before a hearing takes place.
  • sjtj
    sjtj Online Community Member Posts: 9 Contributor
    Ok thanks 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    It's very difficult to give specific advice because you haven't given enough of information for me to be able to advise you. There would be no point in a hearing going ahead if no further points can be awarded because there would be no questions to ask.
  • sjtj
    sjtj Online Community Member Posts: 9 Contributor
    @yanni thank you that is very helpful 😊
  • kreacher
    kreacher Online Community Member Posts: 318 Empowering
    when i got my pip, i was waiting to go to a tribunal and received a letter that they had reversed the decision so no tribunal

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