PIP Mobilising Submission

Good Afternoon

I put in a PIP appeal in respect of mobility assessment and after nearly 4 months the DWP had not responded with any evidence at all.

The Tribunals Service has now told me that the appeal is listed for a hearing without any evidence from them. Is this usual?

For the DWP to behave in this way, should I deduce that DWP feels that my case is so weak that they need not bother providing any documentation at all to the Trib. service? Trib service has already undertaken to warn me of any finding on their part which is likely to affect what I am already getting, though with only evidence from me, I don't think this is an issue here.

It relates to descriptor 11D which seems to be a vexed matter.

Do you think my suspicions are correct?

Thank you

A

Augustus wrote: Good Afternoon

I put in a PIP appeal in respect of mobility assessment and after nearly 4 months the DWP had not responded with any evidence at all.

The Tribunals Service has now told me that the appeal is listed for a hearing without any evidence from them. Is this usual?

For the DWP to behave in this way, should I deduce that DWP feels that my case is so weak that they need not bother providing any documentation at all to the Trib. service? Trib service has already undertaken to warn me of any finding on their part which is likely to affect what I am already getting, though with only evidence from me, I don't think this is an issue here.

It relates to descriptor 11D which seems to be a vexed matter.

Do you think my suspicions are correct?

Thank you

A

Hi A,

This is not usual, as the DWP are usually granted extensions.

However, The TS are within their rights to hold the hearing in this circumstance.

This should go in your favour if the DWP have not submitted evidence, and I do not think that The TS will look very kindly on this.

I cannot comment on your deduction regarding your case being "weak", even if The DWP thought that they had an "easy" win, they would still submit evidence to support their adverse decision under appeal.

Good luck, and let us know how things are progressing.

bro58

Hello Augustus,
I'm finding myself in exactly the same situation as you. DWP failed to respond with in 28 days then failed to respond by the extended date, I'm now awaiting a hearing. Good luck with yours.

Good Morning Panel

I have previously asked about the fact that I have a PIP appeal running and the DWP won't respond to the Tribunal Service at all.

I am now told that a hearing has been pencilled in and the only evidence to hand will be my appeal application plus any supporting argument, and that this is to my favour.

Do you think this is remotely true? I don't at all. I am concerned that they will simply adjourn tbe case for lack of evidence.

So I am wondering whether I should volunteer to provide ( at their expense) copies of my PIP application form, other supporting docs, and the ATOS Medical Report.

Is lobbying my MP post 7 May an option? Presumably at the moment there no MPs legally?

Grateful for your feedback as to whether offering the paperwork seems a good idea, or just let the current situation run on.

Thanks. A

I appealed last November and it took DWP best part of five months to make any reply to the Tribunal Service.

Now they are insisting on an oral hearing even though I Cannot go to one and requested a hearing based on tbe papers.

I would like to know whether they can insist on an oral gearing given the evident disadvantage I will face. I know the arguments in favour of going to the hearing but that is my situation.

Should I challenge or write to the Tribunal Service explaining my situation?

Thank you

A