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PIP Written Appeal Submission Completed
- MarieMarie
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Firstly thanks Gordon for your latest advice regarding early stages of tribunal hearing request and apologies for posting my questions and concerns on the back of another persons post.
I have now completed by written appeal submission following your PIP appeal submission guide and feel most satisfied with it even though it hasbeen completed without the PA4 medical report as this is yet to be provided but I did have copies of my original PIP claim form and much needed notes from the HP assessment and the MR phonecall along with the decision letters and decision makers reasoning .Would it be advantageous to post this off right away to HMCTS or should I await until we attend the hearing and possible delivery of the medical report in time? My other option to avoid all this farse was to send the written submission to the Director General Of Operations,complaint handling department for the DWP as I strongly feel that the HP aassessor and DWP decison makers have not adhered to the protocol when it comes to applying the descriptors to a claimant. Am I right in thinking they have to respond to my complaint within 15 days and could they abort the appeal and make an exception mandatory reconsideration and award accordingly?
Finnally keeping on the appeal process I understand you receive alot of paperwork from the courts prior to your appeal, do you have any examples or guides as to what paperwork is sent?
Really appreciate all your advice and time given.
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- Gordon
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Answering your questions, somewhat out of order.
You will receive the DWP's submission to the Tribunal, you should wait for this before you submit your own submission, to ensure that you address any issues that are raised by it. The "pack" will contain all of the documents used by the DM in the making of the Decision, this will include the assessment report that you have not so far received.
You submission needs to be with the Tribunal Service not later than 7 days before the hearing.
Your complaint to the DWP should be managed separately from your appeal, but it is possible for the DWP to revise the original Decision on your claim at any time up to and including the day of the appeal hearing, this does not happen often and is more likely to do so just before the hearing.
I believe that the DWP "aim" to reply within 15 working days, but they are not required to do so.
If the Decision is revised in your favour then your appeal will be lapsed (cancelled), you need to be aware that the DWP do not have to make the award that you think you should have, just a better one than they did previously.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MarieMarie
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And should the DWP decide to lapse the appeal hearing and I do not get the result I feel right can I appeal against this?
Sorry I know it might be if and what but want to be fully prepared .
Thanks in advance,
Marie.
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MarieMarie wrote: As always thank for your prompt responses. Just a couple of things to clarify when I do send my submission off to the tribunal is it to the one who has written to say they have received my appeal request or will it be directly to the local court where my hearing will be taking place?
And should the DWP decide to lapse the appeal hearing and I do not get the result I feel right can I appeal against this?
Sorry I know it might be if and what but want to be fully prepared .
Thanks in advance,
Marie.
Hi MM,
Any submissions should be sent to The Tribunal Service using the address that you have from any letters from them.
If you are unsure, ring The Clerk to The Tribunal, they should clarify it for you.
If the DWP revise their decision, and you are still not happy with that, you would have to start the MR/Appeals process with regards to that decision, as it would be a fresh decision to the one that you are appealing now.
bro58
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- MarieMarie
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I have now completed my written submission for the appeal and I am going to post it shorlty as I understand the tribunal like to have the submission 10 days prior to the hearing.
Can I just ask do they forward the submission to the DWP for there perusal prior to the hearing also?
Kind Regards
Marie
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MarieMarie wrote: HI,
I have now completed my written submission for the appeal and I am going to post it shorlty as I understand the tribunal like to have the submission 10 days prior to the hearing.
Can I just ask do they forward the submission to the DWP for there perusal prior to the hearing also?
Kind Regards
Marie
Hi MM,
Yes, The TS will forward your submission on to The DWP.
This is to ensure that all 3 parties, you, DWP and Tribunal Panel are all privy to the same evidence.
Good luck !!
bro58
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