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PIP Tribunal Letter
- Hiijinx
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8 years 11 months ago #135962 by Hiijinx
PIP Tribunal Letter was created by Hiijinx
Hello all,
Received a letter from the Tribunal Service today and am a bit confused as to what will happen next.
The letter reads;
I requested a paper hearing as I did not feel up to attending another hearing as I had already been to my partners shortly before which was although was a glowing success, was a harrowing experience. I do not think I could cope to present one for myself.
From what I am understanding from this letter, the DWP's incompetence in replying to a simple letter, may result in my worst fears of being called in to attend a face to face hearing, alongside a DWP Officer?
This somehow feels very unfair to me - almost as if the DWP were purposefully waiting for the deadline to pass.
Is this a normal procedure?
Many thanks,
Hiijinx
Received a letter from the Tribunal Service today and am a bit confused as to what will happen next.
The letter reads;
Respondent: Secretary of State for Work and Pensions
"On the 1/4/15 the Tribunal received an appeal against the Secretary of State about Personal Independence Payment. On the 11/4/15 the Tribunal wrote to the DWP directing them to forward a response within 28 days. No response has been received.
The Tribunal makes the following decisions:
1. The Respondent has a further 28 days to provide a response to the appeal, and written reasons for the failure to send a response within the specified time.
2. If a Response is not received within 28 days then the Clerk is to list this appeal for oral hearing before a District Tribunal Judge on the first available date and a Presenting Officer is to attend the hearing.
3. If a Response is received within 28 days then the appeal is to be listed in the normal manner.
I requested a paper hearing as I did not feel up to attending another hearing as I had already been to my partners shortly before which was although was a glowing success, was a harrowing experience. I do not think I could cope to present one for myself.
From what I am understanding from this letter, the DWP's incompetence in replying to a simple letter, may result in my worst fears of being called in to attend a face to face hearing, alongside a DWP Officer?
This somehow feels very unfair to me - almost as if the DWP were purposefully waiting for the deadline to pass.
Is this a normal procedure?
Many thanks,
Hiijinx
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- Gordon
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8 years 11 months ago #135973 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal Letter
Hiijinx
The DWP have one month to provide their submission to the Tribunal Service, the letter is indicating that this has not happened and is given them a further 28 days to do so.
If this does not happen then a hearing will be scheduled with a District Judge, these are senior judges within the Tribunal Service, if a response is received, then the Tribunal will be convened as normal.
By making it an oral hearing, the Tribunal Service is saying that there will be insufficient information for a panel to make a Decision on the claim without both parties, you and the DWP being available to answer questions.
At the moment you do not need to do anything as the issue is with the DWP and it is likely that they will respond within the required timescale, if they do not and an oral hearing is still required, this can still happen even though you have requested a paper hearing, then you should contact the Tribunal Service about your problems.
In principle the TS can arrange a domiciliary hearing although I think this is very unlikely, they may be able to offer alternative access to the hearing, a member was recently able to attend via video conferencing.
If an alternate method cannot be arranged, then you can still refuse to attend due to your health issues, but it may not be to your advantage if this happens. I appreciate that this may not be a choice you can make.
Gordon
The DWP have one month to provide their submission to the Tribunal Service, the letter is indicating that this has not happened and is given them a further 28 days to do so.
If this does not happen then a hearing will be scheduled with a District Judge, these are senior judges within the Tribunal Service, if a response is received, then the Tribunal will be convened as normal.
By making it an oral hearing, the Tribunal Service is saying that there will be insufficient information for a panel to make a Decision on the claim without both parties, you and the DWP being available to answer questions.
At the moment you do not need to do anything as the issue is with the DWP and it is likely that they will respond within the required timescale, if they do not and an oral hearing is still required, this can still happen even though you have requested a paper hearing, then you should contact the Tribunal Service about your problems.
In principle the TS can arrange a domiciliary hearing although I think this is very unlikely, they may be able to offer alternative access to the hearing, a member was recently able to attend via video conferencing.
If an alternate method cannot be arranged, then you can still refuse to attend due to your health issues, but it may not be to your advantage if this happens. I appreciate that this may not be a choice you can make.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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