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tribunal hearings do they run on time?

  • teabag
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10 years 2 months ago - 10 years 2 months ago #116457 by teabag
Replied by teabag on topic tribunal hearings do they run on time?
The CAB advised me to cancel the PIP application after the tribunal for DLA i'm finding the CAB not very helpful they have given me wrong advice before, of course the person on the phone telling me I cant cancel may also be giving out wrong information, she was very stroppy saying that you cant claim both at the same time, well I know that i'm not that stupid, which was why i wanted to cancel it. But again was told that I couldnt.

So the decision whether to go ahead with application or not has been decided for me.

But anyway I do think that as my GP was written to first and replied and I hurriedly filled in the form after this because I hadnt returned the form but the DWP went ahead with it anyway when they had told me on the phone that if it wasnt returned by the date on the form I would have to phone up and apply again I might as well go ahead especially as my circumstances changed which was why i applied for PIP in the first place.
But i'll keep you up to date with what happens as I mentioned on the phone to ATOS that I recently won an appeal for DLA I was told to give any further information to whoever comes to do the F2F which i will do and also send a copy to the PIP decision maker.

Hoping the DLA decision and form submitted by GP with medical information for PIP will help with my next ESA renewal which i'm expecting end of this year so hopefully i might have a had my PIP F2F and fingers crossed that will help get me out of a F2F for ESA dont think I could go through another F2F for that at their centre after last time.
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago #116460 by Gordon
Replied by Gordon on topic tribunal hearings do they run on time?
Teabag

There is a clause in the PIP Transitional Regs that says that when a PIP claim is made that it supercedes any existing DLA award, we are trying to qualify at what point a PIP claim is deemed to have been made, when the initial call is made, when a PIP1 is completed or when a PIP2 is issued, we believe that the latter definitely counts.

Unfortunately if you have been issued a PIP2 form ("about your conditions", then the damage is done, even if you win your DLA appeal, the award will be terminated four weeks after this PIP claim is decided and you will only be able to go forward with a PIP claim.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • teabag
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10 years 2 months ago - 10 years 2 months ago #117321 by teabag
Replied by teabag on topic tribunal hearings do they run on time?
Just thought i would post an update still no statement of reasons rung tribunal service who said they had sent a letter reminding judge that this hadnt been done yet.
No word from Atos about Home visit for PIP.
Received a letter from CAB still saying that I can cancel my PIP claim as I applied for it and it was not a transfer by the DWP or a change in circumstances.
Just had a thought as well if they back date PIP decision to when I put in claim will I have to pay back the payments of DLA I have received from the time I applied or from when the decision was made if I'm not successful with PIP and if so do you know if they'll want it back in a lump sum or will they deduct weekly from my ESA
Last edit: 10 years 2 months ago by Gordon.

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10 years 2 months ago - 10 years 2 months ago #117327 by Gordon
Replied by Gordon on topic tribunal hearings do they run on time?
teabag

We are still trying to qualify at which point a PIP claim becomes irreversible, but it is still our view that once a PIP2 has been issued then a PIP Decision is inevitable and a PIP Decision will supersede any award of DLA. We are happy to be proved wrong on this.

There should be no overpayment issue as the rates for PIP and DLA are the same with the exception of Lower Rate Care for which there is no equivalent under PIP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 2 months ago by Gordon.

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  • teabag
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10 years 2 months ago - 10 years 2 months ago #117768 by teabag
Replied by teabag on topic tribunal hearings do they run on time?
Received a letter from Atos today about my home assessment for PIP.
It says that they have arranged an appointment for a a qualified Health Professional to visit me at home on the 10th March between 11 and 1300.
Very helpful no definite time and no name so dont know if it will male or female and am wondering if this will be a doctor, midwife, physiotherapist or who knows who. Going to phone them tomorrow to at least get a name. I never let anyone in my home without a name given to me in advance so i hope they know the name of the person, otherwise should be fun as they will be left on the doorstep till they're verified name badges dont get admittance to my place,
I'm very security minded cant help it its part of my anxiety not trusting anyone.
Will let you all know if they make it inside the door and what happens
Last edit: 10 years 2 months ago by Gordon.

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