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FAILED PIP MR
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7 years 9 months ago #165683 by Gordon
In regard your appeal you must only communicate with the Tribunal Service, any communication with the DWP risks your hearing being adjourned again.
Gordon
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Replied by Gordon on topic Time-scale for next hearing!
sharona46 wrote: Hi Gordon,
I haven't heard anything from the tribunal as of yet regarding the phone call hearing although I know that they have received my medical records as my surgery had sent them on the 5th August. I haven't received a copy though. The DWP's timescale is up on Wednesday 17thAugust, my son has e-mailed the Clerk at Court and has asked for a direction towards the DWP not being offered anymore time so the Clerk says he will attach his e-mail requesting this onto the Judge's notes.
My Occupational Therapist has written a letter of support as has my MP and my GP. I now have aids and adaptations to help me more-so in the house. Do I send anything else to the DWP or just to the Courts please Gordon? Thanks as always, Shazza.
In regard your appeal you must only communicate with the Tribunal Service, any communication with the DWP risks your hearing being adjourned again.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 9 months ago #166068 by sharona46
Replied by sharona46 on topic Text from DWP!
Hi Gordon, I received a text from DWP saying that they now have all the info they need to make a decision on my PIP claim. It says that they will send a letter to me regarding their decision. At the bottom of the text it says to contact them if I have changed any of my details since making my claim to call them to update these.
I called DWP and asked them am I now not going to have my final hearing by phone as planned and they said that as the 28 day notice is up for them by tomorrow it is looking likely that they will be deciding in my favour but to wait and see. It is with a DM now and they received a copy of my ESA Support Group yesterday which they had requested on the 11th August.
I thought well that certainly proves the fact that they had never looked at it when I sent it into them in the beginning.
Do you think it is a positive sign please Gordon?
I called DWP and asked them am I now not going to have my final hearing by phone as planned and they said that as the 28 day notice is up for them by tomorrow it is looking likely that they will be deciding in my favour but to wait and see. It is with a DM now and they received a copy of my ESA Support Group yesterday which they had requested on the 11th August.
I thought well that certainly proves the fact that they had never looked at it when I sent it into them in the beginning.
Do you think it is a positive sign please Gordon?
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7 years 9 months ago #166084 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic FAILED PIP MR
sharona
PIP Decisions are still taking about 8 weeks so it may be a while before you hear about your PIP.
You say that you phoned the DWP, do you mean the Tribunal Service?
If it was the DWP then they have no say in whether a hearing is required, the only way that they can prevent a hearing happening is to revise the Decision in your favour. Also, you should not be contacting the DWP about your Tribunal, all communication must be via the TS.
If it was the Tribunal Service, are they saying that you will now have to attend or that a Paper hearing will be done?
Gordon
PIP Decisions are still taking about 8 weeks so it may be a while before you hear about your PIP.
You say that you phoned the DWP, do you mean the Tribunal Service?
If it was the DWP then they have no say in whether a hearing is required, the only way that they can prevent a hearing happening is to revise the Decision in your favour. Also, you should not be contacting the DWP about your Tribunal, all communication must be via the TS.
If it was the Tribunal Service, are they saying that you will now have to attend or that a Paper hearing will be done?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 9 months ago #166091 by sharona46
Replied by sharona46 on topic FAILED PIP MR
Well I actually phoned the Clerk at Court first as I thought they may have an update for me due to DWP texting me a day before their 28 day deadline was up as I had never imagined hearing from them anyway due to the Judge saying that the final hearing will take place by phone call.
The Clerk just said that they thought that as I had received this text it may mean that they will be overturning the decision in my favour and they said just sit and wait.
I did call DWP as it said at the bottom of the text about contacting them with any changed details so I then remembered the Occupational Therapist's letter and I asked them if I should send this to them but the call rep was a trifle vague and said the DM was only now working with the ESA report and looking at the discrepancies between them.
Oops I hope I haven't harmed my appeal in any way.
I haven't heard anything else from the Court though.
The Clerk just said that they thought that as I had received this text it may mean that they will be overturning the decision in my favour and they said just sit and wait.
I did call DWP as it said at the bottom of the text about contacting them with any changed details so I then remembered the Occupational Therapist's letter and I asked them if I should send this to them but the call rep was a trifle vague and said the DM was only now working with the ESA report and looking at the discrepancies between them.
Oops I hope I haven't harmed my appeal in any way.
I haven't heard anything else from the Court though.
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7 years 9 months ago #166095 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic FAILED PIP MR
sharona
No you won't have done any damage but you need to keep your conversations about PIP and ESA separate, if there are any discrepancies in the information that the three parties have for your appeal; you, the DWP and the Tribunal panel, then the hearing can be adjourned until they are resolved.
Gordon
No you won't have done any damage but you need to keep your conversations about PIP and ESA separate, if there are any discrepancies in the information that the three parties have for your appeal; you, the DWP and the Tribunal panel, then the hearing can be adjourned until they are resolved.
Gordon
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7 years 9 months ago #166096 by sharona46
Replied by sharona46 on topic Quite Odd
It was an odd day today too as my ESA showed up in my account very late on in the day, my housing benefit is still not in. I called the housing benefit and asked them 'why' and a lady told me that DWP had suspended it due to their system doing an update of everyone's addresses so she corrected it only temporarily. I had a text from ESA saying to call them which I did today and they had me fill out a form of lots of security info and again wanting me to confirm my address.
I then asked if this will now resolve the suspension of my housing benefit and she agreed it would now be fine.
I then asked if this will now resolve the suspension of my housing benefit and she agreed it would now be fine.
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