Pip tribunal
Comments
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They very often don't respond by the date given. They will eventually respond. If they don't then the hearing will just continue as normal.0
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Hi ok so update if you can help dwp still have not responded to the appeal court their papers were due back 15th march 2024 they were then issued a court direction which has been ignored the court has now passed this to their legal officer. Can you tell me what the legal officer does and where this leaves me?
Thank you0 -
Hi @penpo I'm sorry to hear they're still dragging this on, that's very unfair of them. The legal officer will be making sure the law is followed, so it's nothing for you to worry about. They'll be chasing the DWP up on why they've failed to respond.0
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Hi thank you for your reply still confused as to why a legal officer has been involved by the court no one seems to have broken any laws the DWP obviously just cant be bothered to adhere to the courts instructions deadlines etc, so as per I have to keep on waiting not knowing understanding what is happening or why. It seems very unfair when we have to abide by the deadlines or requests etc. 🤔0
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Usually they will respond at some point. I have no idea what a legal officer is and never heard of those before. The hearing would usually just continue as normal if they don't respond but as I advised usually they do.0
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This is what they emailed me.
The DWP PIP should have sent us their response by 15/03/2024but the Tribunal never received this or any other updates from them.Because they have not responded in time, we have sent your case to a Legal Officer to decide what should happen next. As soon as a decision has been made, we will send you a letter in the post. The Legal Officer might decide to allow them some extra time, or they might decide your case should go to a hearing instead.I hope this helps. If you have any further queries or would like to submit any further evidence (i.e. medical records or doctors’ letters0 -
Can I please get some advice, so I put my pip appeal request into the tribunal around the end of may, dwp had to respond by June 21st but as of beginning of July hadn't done that.
Then this morning I have a call from the dwp saying they have had the request from the tribunal for a response and that they are going to be looking at my appeal today and responding to the tribunal with myself also receiving a copy.
Does this possibly mean based on the new evidence I provided to the tribunal they could now change their mind and award me enhanced daily living without the need for a tribunal hearing?
I thought dwp don't usually ring a claimant at the tribunal stage unless it is either looking promising or the dwp are considering awarding in claimants favour and don't want a tribunal hearing.
Could someone please please please give me some advice on this.
Thank you
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Sometimes they will ring at this stage if they have any further questions to ask this is because before they respond they will look at the claim again. Sometimes (though rarely) they may offer an award at this stage.
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Thank you for your response, the woman didn't ask Ms if I had anything to add or anything she just asked me security details and then just said they will be looking at the appeal today and then sending a response to the tribunal, could I potentially expect another call maybe later today if they want to make a offer of award before the tribunal?
Or may they just change the original decision to enhanced daily living without making a offer?
What are the possibilities?
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The dwp saying that they are looking at my appeal today does that mean they are considering if they made a error when I asked for a MR?
The new evidence I send originally to the tribunal do the dwp get a copy of this evidence before they respond?
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DWP has responded to your PIP appeal. They should have sent you a copy in the post and you should receive this shortly. Read their response and send any comments to the tribunal, if you have any. The address is on any letters and emails you have received.
You have told us you do not want to attend your hearing so you will receive the decision in the post. We cannot say know how long this will take but it could be several months.
PIP Appeals
To stop these texts, call 0300 123 1142I have now received this as a text and email so I'm guessing dwp want to go for a hearing instead?
What are the success rates for tribunals for 2024?
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Yes the hearing will go ahead because at the moment you haven’t been offered an award.
I’d advise you to reconsider your paper based hearing because they have an extremely low success rate of only about 5-8%.
Best chance of a decision in your favour will be to either appear in person or have a telephone/video hearing and then there’s about a 70% success rate.
If you want to change it then you need to contact HMCTS and you can do that through email.0 -
I've just had a paper appeal based on my appeal regarding extra bedroom allowance and won it without even having a hearing, due to my severe anxiety I don't feel comfortable either attending the hearing or doing a phone call hearing.
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That’s a completely different appeal hearing. This is for PIP and the stats are as I advised. It’s exceptionally rare to be awarded through paper based hearings.
Sometimes they may even request you to either appear in person or have a telephone hearing, if a decision can’t be made on paper alone. They usually prefer you to tell them in your own words how your conditions affect you.0 -
Any advice would be appreciated.
so I’ve waited nearly 18 months for a appeal hearing and have finally have a date through of October 1st. I was meant to originally be attending by phone but due to having a mental health review at 3pm on the same time I have asked for it to be heard in my absence which has been approved.
does anyone have any stats regarding success rates of appeals that are heard just by the papers in front of them & also percentage of current awards actually being lowered at tribunal hearing. I have sent a letter detailing the review and reasons from my side why I’m appealing and my wife has sent a supporting letter.
also can someone tell me does the MM judgement handed down a few years ago apply when it comes to social support on current awards.
TIA0 -
I'm afraid I don't have stats for paper based tribunals @Welshlad90 but they're definitely worth attending in person. Would you be able to move your mental health review to another day? I'd hate for you to miss the tribunal.
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I would not be able to change it I’m afraid no due to my wife only having that day off work and being the one who comes with me to these appointments for social support. I’m appealing my current award due to feeling that some of the points on my daily living was awarded lower than it should be. DWP have stated that aren’t disputing the points awarded on my current award but more to the point disputing the appeal that I’ve put in regarding social support and money budgeting.
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Oh that's a shame @Welshlad90 but I certainly understand the need to attend your other appointment. As long as you let them know the reasoning, then it should be ok, but of course being there to answer their questions really can make all the difference.
But as you'll be attending some support for your health, they'll see that you are needing to attend important things and aren't off running marathons or just didn't want to show. I'll keep everything crossed for you. 😁
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my wife has done a supporting letter and also I did a letter stating my reasons for appeal etc.
I just hope they don’t lower my award but have been told it’s very very rare they do tnat1 -
Tribunals always have a good chance of succeeding, I think it's around 70% last I checked. 😊
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