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Feeling uneasy about support with pip application

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8 years 6 months ago #142065 by Chlorinated
Replied by Chlorinated on topic Feeling uneasy about support with pip application
Many thanks, I have understood you now.

One last thing, my MR decision letter is dated 15th September 2015.
From another thread I think you said that a 'month' is the number of days in the following month from the decision date. In this case I believe I would have to submit my appeal by 15th of october. However when I called pip up today they said they said it is 28 days. So my deadline is 13th of october. I requested the rep speak to a manager and he said it was indeed 28 days. Is this correct becase I think in another thread you say different?

Thanks again.

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8 years 6 months ago #142067 by Gordon

Amonia wrote: Many thanks, I have understood you now.

One last thing, my MR decision letter is dated 15th September 2015.
From another thread I think you said that a 'month' is the number of days in the following month from the decision date. In this case I believe I would have to submit my appeal by 15th of october. However when I called pip up today they said they said it is 28 days. So my deadline is 13th of october. I requested the rep speak to a manager and he said it was indeed 28 days. Is this correct becase I think in another thread you say different?

Thanks again.


Just get your appeal submitted in the next couple of days and include a paragraph as to why it has taken you so long to submit it, you actually have 13 months to submit an appeal.

Gordon

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8 years 6 months ago #142205 by Chlorinated
Replied by Chlorinated on topic Feeling uneasy about support with pip application
Hi. You said that with an oral hearing, if the judge expects there is a threat to ones award, they will let you know at the beginning of the hearing and you will get a chance to opt out. What if I opt for paper hearing and the judge thinks there is a threat to the award, is there anyway i will be given an indication or similar chance to opt out? Thanks

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8 years 6 months ago #142224 by Gordon

Amonia wrote: Hi. You said that with an oral hearing, if the judge expects there is a threat to ones award, they will let you know at the beginning of the hearing and you will get a chance to opt out. What if I opt for paper hearing and the judge thinks there is a threat to the award, is there anyway i will be given an indication or similar chance to opt out? Thanks


The Bench Book that defines the rules on how a Tribunal is expected to operate makes no distinguishment between an Oral and a Paper appeal, so in principal the court should contact the claimant about this, but I cannot state this for certain.

Whilst a failure to warn the claimant at an Oral hearing would likely be classed as an Error of Law and might be at a Paper hearing, this is an argument that can only be raised after the event.

You could include a sentence at the beginning of your submission asking the Judge to refer back to you if they believe that your current award would be placed in jeopardy, but this would again be an after the event insurance.

Gordon

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8 years 6 months ago #142328 by Chlorinated
Replied by Chlorinated on topic Feeling uneasy about support with pip application
Hi. I am submitting my appeal for a paper hearing. This is because I think the tribunal will accept the evidence for me needing assistence when outside is quite strong so I need not go there.

Assuming that they agree with me, I only need to worry which Upper tribunal decision they will follow. I have copied the benefits and work submission where you highlight errors of law in the judge jacobs decision and request that they follow the Judge Agnews decision.

In order to convince them to follow latter decision, would you recommend that I also submit your document where you quote the Response document thereby trying to persuade them that the Agnews decision is the correct one as it correlates with the government guidance?

My appeal is 6 pages and I am worried if adding more pages will put the judge off. Alternatively would you suggest I modify the appeal and references to the excerpts from the Response document? Or would you recommend not sending or discussing those quotes at all and just letting the judges decide based on their reading of the two cases? Your submissions include the conflicting decisions, quotes from the response document and arguing how cognition can still be taken into consideration for mental health claimants. All of this is relevant to my appeal however I'm just wondering you recommend submitting all of this information because it might seem a bit long winded and put the judge off? Please advise.

Thanks

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8 years 6 months ago #142342 by Gordon
Amonia

It's your appeal, I'm afraid we cannot tell you what to include or not in your submission, the only understanding we have of your issues is what you have posted on the forum, only you have a full understanding of your conditions and how they effect you.

What I can say is that the length of the submission is not something that you should be overly concerned about, what is important is the content and that it is easy to access the information, we've seen members be successful with a couple of pages and a couple of hundred pages.

Gordon

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