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PIP tribunal
- Petal55
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9 years 2 weeks ago #133080 by Petal55
PIP tribunal was created by Petal55
Hi there,
I am POA and 24/7 carer to my husband who is on Support group ESA since July 2014, we put in a claim for PIP in October2014, and had an Atos assessment on the 9th January 2015, PIP was refused, I asked for Mandatory reconsideration which again was refused even though I requested them to contact GP for more up to date notes on my husbands condition which was still under investigation in October. well 16 January he had alot of memory/cognitive tests done by neurologist, physchiatrist and pyscologist,( sorry if spelling ) and it is agreed he has early onset dementia! I contacted them on 23 February to be told they had not contacted GP! so on hearing this I decided to go to tribunal, with this sites help I did all the forms and submissions, tribunal have said we have a case due to mistakes in Atos report, they have sent details to DWP/PIP and the 28 days is gone by with no reply from PIP to tribunal office or me, my question really is what time limit do they actually have to respond as tribunal won't set a hearing date until the PIP reply, should I contact PIP to nudge them along? after all we are only given a month to appeal so why should they have a longer timeframe to respond?
I am POA and 24/7 carer to my husband who is on Support group ESA since July 2014, we put in a claim for PIP in October2014, and had an Atos assessment on the 9th January 2015, PIP was refused, I asked for Mandatory reconsideration which again was refused even though I requested them to contact GP for more up to date notes on my husbands condition which was still under investigation in October. well 16 January he had alot of memory/cognitive tests done by neurologist, physchiatrist and pyscologist,( sorry if spelling ) and it is agreed he has early onset dementia! I contacted them on 23 February to be told they had not contacted GP! so on hearing this I decided to go to tribunal, with this sites help I did all the forms and submissions, tribunal have said we have a case due to mistakes in Atos report, they have sent details to DWP/PIP and the 28 days is gone by with no reply from PIP to tribunal office or me, my question really is what time limit do they actually have to respond as tribunal won't set a hearing date until the PIP reply, should I contact PIP to nudge them along? after all we are only given a month to appeal so why should they have a longer timeframe to respond?
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- Gordon
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9 years 2 weeks ago - 9 years 2 weeks ago #133087 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP tribunal
Petal
We have heard from a number of members in a similar situation to yourself, there is unfortunately nothing you can do to progress the situation now that it is in the hands of the Tribunal Service.
From what we have seen so far the TS will warn the DWP at least twice to provide their submission, but may then allow the hearing to continue without the DWP submission.
If the DWP do not make a submission then it does not lessen your responsibility to show that your husband meets the criteria for a suitable award, you might want to give some considerations to submitting your own copy of your husband's PIP2 form and the evidence attached to it.
You should be able to use this new diagnosis but will need to make it clear that it was affecting your husband at the time of the Decision you are appealing.
Please refer to our PIP guides for more information.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
We have heard from a number of members in a similar situation to yourself, there is unfortunately nothing you can do to progress the situation now that it is in the hands of the Tribunal Service.
From what we have seen so far the TS will warn the DWP at least twice to provide their submission, but may then allow the hearing to continue without the DWP submission.
If the DWP do not make a submission then it does not lessen your responsibility to show that your husband meets the criteria for a suitable award, you might want to give some considerations to submitting your own copy of your husband's PIP2 form and the evidence attached to it.
You should be able to use this new diagnosis but will need to make it clear that it was affecting your husband at the time of the Decision you are appealing.
Please refer to our PIP guides for more information.
www.benefitsandwork.co.uk/help-for-claimants/pip
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 2 weeks ago by Gordon.
The following user(s) said Thank You: Petal55
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- Petal55
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9 years 2 weeks ago #133116 by Petal55
Replied by Petal55 on topic PIP tribunal
Gordon, I just wanted to say thank you. AND to tell you all that I have today received a phone call from decision maker and HOORAY she has granted my husband enhanced award for living and mobility! I am so relieved it is like a big weight has been lifted, so for anyone thinking of appealing you must go for it, make your case clearly and follow the Benefits and work guides, they are brilliant thank you.
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- Gordon
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9 years 2 weeks ago #133124 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP tribunal
Petal
Many congratulations on the award, glad to hear that it has been sorted out now and you dd not need to take it to appeal.
Gordon
Many congratulations on the award, glad to hear that it has been sorted out now and you dd not need to take it to appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- neptuno
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- Posts: 114
9 years 2 weeks ago #133125 by neptuno
Replied by neptuno on topic PIP tribunal
Well done for seeing it through
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- bro58
9 years 2 weeks ago #133126 by bro58
Replied by bro58 on topic PIP tribunal
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