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pip appeal?

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8 years 9 months ago #138355 by sam1982
Replied by sam1982 on topic pip appeal?
Thanks ill wait for all of their bundle to come through first and i think ill put a basic outline for the grounds for appeal on the sscs1 form for the meantime.

When you say all of my documentation in within 1 month of the dwp bundle do you just mean my appeal that im doing myself as i was going to send in copies again of doc reports again anyway.
but will i need to make sure other stuff is there with the court or will that be already there from the dwp?

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8 years 9 months ago #138360 by Gordon
Replied by Gordon on topic pip appeal?

cleocat wrote: Thanks ill wait for all of their bundle to come through first and i think ill put a basic outline for the grounds for appeal on the sscs1 form for the meantime.

When you say all of my documentation in within 1 month of the dwp bundle do you just mean my appeal that im doing myself as i was going to send in copies again of doc reports again anyway.
but will i need to make sure other stuff is there with the court or will that be already there from the dwp?


Everything you sent the DWP should be included in the DWP pack, once you get it you will be able to check.

Gordon

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

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8 years 8 months ago #139507 by sam1982
Replied by sam1982 on topic pip appeal?
hi, ive had my paper pack from the dwp following my appeal being lodged, the date they received their letter from the court asking for their reply was 30/7/15.

am i right in thinking that my deadline is the 30/8? there is no way i would leave it that long to get back though.

There is a lot in the paper pack so when im writing my letter to the court, do you think it is ok to refer to page blah blah of the dwp paper bundle?
will the court be sent the exact same thing in the same way that i received from the dwp?

i think i might have to go down the route of saying the face to face assessment wasnt up to scratch and hopefully as such they shouldnt take so much weight in their decision from it, do you think that is possible?

There were a lot of problems with it that i pointed out in the dwp reconsideration letter, however the dwp didnt aplogise or even refer to the problems that i addressed from the report.

does anyone have a link for anything in releation to the face to face report and challenging that for appeal?

going to have another look at the guides now.

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8 years 8 months ago #139525 by Gordon
Replied by Gordon on topic pip appeal?
cleocat

Technically claimants have one month to prepare and submit their appeal submission but in reality they can continue to submit information up to one week before the hearing.

Yes, you can refer to pages in the DWP submission, the Tribunal Service will have numbered each page just make sure that you use this as your reference.

Your primary task in your submission is to show that you meet the criteria, if you believe that there are errors or incorrect assumptions in the assessment report then you should certainly point these out.

I'm afraid that unless the claimant can show that there are serious deficiencies in the assessment report, the DWP's position is that the report is factually correct.

There are several documents in the PIP section regarding appeal submissions that should be of help.

www.benefitsandwork.co.uk/help-for-claimants/pip

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sam1982

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8 years 5 months ago - 8 years 5 months ago #143825 by sam1982
Replied by sam1982 on topic pip appeal?
Hi, i just wanted to update a little. I finally received a reply from the appeal court to say they have allowed my appeal, they have even awarded me points where i didnt expect to receive any!

I also think they have extended the period i have been awarded PIP compared to what the dwp awarded me (ill have to check but i think they have), is that usual?

My appeal was a paper hearing, they did come back to me asking me to attend as the court felt i would get a better hearing if i attended but i couldnt attend with everything going on and it got to the point where i just wanted the whole thing over and done with so it got heard as a paper appeal anyway.

I just wanted to ask quickly though, how likely is it that the dwp will appeal, would it be that they can only appeal on some technicality of law that the court hasnt performed? or can they appeal against the decision just because they dont agree and it will be looked at again?

Also how long would you think it would be to hear back from the dwp in regards to receiving back payment? my appeal has been ongoing since june, so im not sure what happens next, whether i have to wait a month until the dwp contacts me as thats the appeal time limit for the court or whether i should contact them?

thank you so much for all the advice i have been given off here, i paid for the membership when i first started this whole process and by far its the best money ive spent.
Last edit: 8 years 5 months ago by bro58.

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8 years 5 months ago - 8 years 5 months ago #143835 by bro58
Replied by bro58 on topic pip appeal?

cleocat wrote: Hi, i just wanted to update a little. I finally received a reply from the appeal court to say they have allowed my appeal, they have even awarded me points where i didnt expect to receive any!

I also think they have extended the period i have been awarded PIP compared to what the dwp awarded me (ill have to check but i think they have), is that usual?

My appeal was a paper hearing, they did come back to me asking me to attend as the court felt i would get a better hearing if i attended but i couldnt attend with everything going on and it got to the point where i just wanted the whole thing over and done with so it got heard as a paper appeal anyway.

I just wanted to ask quickly though, how likely is it that the dwp will appeal, would it be that they can only appeal on some technicality of law that the court hasnt performed? or can they appeal against the decision just because they dont agree and it will be looked at again?

Also how long would you think it would be to hear back from the dwp in regards to receiving back payment? my appeal has been ongoing since june, so im not sure what happens next, whether i have to wait a month until the dwp contacts me as thats the appeal time limit for the court or whether i should contact them?

thank you so much for all the advice i have been given off here, i paid for the membership when i first started this whole process and by far its the best money ive spent.


Hi cc,

Congratulations on winning your PIP Appeal !! :cheer:

Thanks for letting us know and for your positive feedback ! :)

It is possible that The FTT have extended the length of your PIP award, as the length of a PIP fixed term award does form part of the actual award in law.

The rules are the same for the DWP as they are for the appellant, they can only seek leave to appeal to The Upper Tier Tribunal (UTT) if they can show that the First Tier Tribunal (FTT) have erred in law in coming to their decision.

i.e. They cannot seek leave to appeal simply because they disagree with the FTT's decision.

The DWP have one month from the date of The FTT's Decision Notice to request a Statement of Reasons, (S of R) if they are going to consider seeking leave to appeal.

Once received, they have a further month from the date of The S of R to seek leave to appeal to the UTT if they feel that there has been an error in law.

If you are happy with the decision, you should not re-contact The FTT to request an S of R, as if you do, the DWP will also be sent a copy.

You will know whether DWP are looking into appealing, as if they request an S of R you will also receive a copy.

It normally takes 6-8 weeks for an FTT decision to be actioned upon by The DWP, initiate your PIP payments and pay you any back payments owed.

The larger the amount of back pay owed, the longer it may take.

So, you don't really have to do anything more really, other than if you have not heard from DWP in the next 6 to 8 weeks, you could send them a copy of your Decision Notice letter as a reminder.

bro58
Last edit: 8 years 5 months ago by bro58.

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