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PIP Appeal Update
- Jill
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9 years 7 months ago #124911 by Jill
PIP Appeal Update was created by Jill
We have now heard back from the DWP with their response to our appeal regarding the mobility component of PIP. They are asking the court to dismiss it as the correct descriptor has been applied.
We intend to carry on using your updated guidance to put before the tribunal. When I phoned the court they said we might have to wait for up to 12 months for it to be heard. However this gives us time for other claimants to bring their appeals which will help.
Once again thank you for all your invaluable support and information. My son has been thinking about giving up but it's important to fight on!
We intend to carry on using your updated guidance to put before the tribunal. When I phoned the court they said we might have to wait for up to 12 months for it to be heard. However this gives us time for other claimants to bring their appeals which will help.
Once again thank you for all your invaluable support and information. My son has been thinking about giving up but it's important to fight on!
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- Gordon
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9 years 7 months ago #124914 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal Update
Jill
I would not worry about the DWP's comments, this is a standard response that they include in most appeals.
There are different appeal queues for each of the benefits as each requires specific knowledge by each of the panel members, at this time we do not have a view of the waiting times for PIP, unless there has been a new one, then the last Tribunal Service statistics indicated that there had not actually been any PIP appeals heard at that time.
Whilst it could be some significant time before your case is heard, it could also be very quick. You have a statutory one month to prepare your case so there will not be a hearing before this has elapsed but you will only receive two week notice of a hearing and must have all of your documents with the TS no later than 7 days before the hearing if not earlier, so I would urge you to have everything ready for when you receive notice and if completed before, already submitted.
Gordon
I would not worry about the DWP's comments, this is a standard response that they include in most appeals.
There are different appeal queues for each of the benefits as each requires specific knowledge by each of the panel members, at this time we do not have a view of the waiting times for PIP, unless there has been a new one, then the last Tribunal Service statistics indicated that there had not actually been any PIP appeals heard at that time.
Whilst it could be some significant time before your case is heard, it could also be very quick. You have a statutory one month to prepare your case so there will not be a hearing before this has elapsed but you will only receive two week notice of a hearing and must have all of your documents with the TS no later than 7 days before the hearing if not earlier, so I would urge you to have everything ready for when you receive notice and if completed before, already submitted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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- Jill
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9 years 6 months ago #125395 by Jill
Replied by Jill on topic PIP Appeal Update
Well we have a date for our PIP tribunal and it 's much sooner than expected. It will be on October 31st and will be all about my son's mobility needs. It will centre on planning and following journeys and the need to always be accompanied due to his mental health conditions. We will be using the new submission guidelines issued by you.
My son is very anxious but knows we have to fight the DWP all the way. I am acting as his representative but am not really sure what this actually entails at the tribunal and how much my son has to do for himself? Any advice will be gratefully received. It has been noted by the clerk to the tribunal that the appeal is complex!
We will keep you posted as to what happens.
Many thanks.
My son is very anxious but knows we have to fight the DWP all the way. I am acting as his representative but am not really sure what this actually entails at the tribunal and how much my son has to do for himself? Any advice will be gratefully received. It has been noted by the clerk to the tribunal that the appeal is complex!
We will keep you posted as to what happens.
Many thanks.
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- Gordon
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9 years 6 months ago #125397 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal Update
Jill
Whilst it should not be an issue you need to ensure that the TS panel do not see you as a Representative (large R) as they will assume you will be fulfilling Responsibilities of you that you will not be able to fulfil.
As a representative (small r) they will expect you to offer moral support to your son and they should provide you time to speak at the end of the hearing. however, the majority of the questions will be directed to your son and they will expect him to answer, unless you have told them that he has significant problems communicating with strangers where they may allow you to answer on his behalf. You might want to prepare a short statement. a couple of minutes, that covers all of the points you want to get across.
Best of luck
Gordon
Whilst it should not be an issue you need to ensure that the TS panel do not see you as a Representative (large R) as they will assume you will be fulfilling Responsibilities of you that you will not be able to fulfil.
As a representative (small r) they will expect you to offer moral support to your son and they should provide you time to speak at the end of the hearing. however, the majority of the questions will be directed to your son and they will expect him to answer, unless you have told them that he has significant problems communicating with strangers where they may allow you to answer on his behalf. You might want to prepare a short statement. a couple of minutes, that covers all of the points you want to get across.
Best of luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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