× Members

Pip

More
6 years 8 months ago #217564 by Jayze
Pip was created by Jayze
Hi,
On the day of my p.i.p. tribunal I was phoned to be told that the panel had postponed it as they were requesting further evidence: my gp notes and from the dwp my last DLA claim pack with any accompanying evidence. The dwp have said that all the DLA evidence has been destroyed. So the tribunal service just got my gp notes.

Before the tribunal has taken place and without seeing or questioning me about the facts, another tribunal judge has written a "Direction notice" for the tribunal to use, which I have been sent.  This is a very biased and inaccurate summary of my gp notes, there are things in it that are false and the only examples it has in it from my gp notes are things that are twisted to convey that I do not merit the benefit. Anything in my gp notes that conveys a different picture has been left out. The notice of direction also says that my present low award of pip is under threat if I go ahead with the appeal.

I am wondering if you have heard of this happening to anyone else and what you make of it?

Please Log in or Create an account to join the conversation.

More
6 years 8 months ago #217573 by Gordon
Replied by Gordon on topic Pip
Julie

You should think very carefully about continuing with this appeal, the Judge has warned you that you existing award may not be reduced or removed if you do, you should be very sure that you meet the criteria for a higher award if you do.

Gordon

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

Please Log in or Create an account to join the conversation.

More
6 years 8 months ago #217628 by Jayze
Replied by Jayze on topic Pip
Thanks very much Gordon,
I really need to think what to do now. I am wondering how long I have to decide. Please can you tell me if it is too late to withdraw an appeal once I have been sent a tribunal date?

Please Log in or Create an account to join the conversation.

More
6 years 8 months ago #217629 by Gordon
Replied by Gordon on topic Pip

Julie wrote: Thanks very much Gordon,
I really need to think what to do now. I am wondering how long I have to decide. Please can you tell me if it is too late to withdraw an appeal once I have been sent a tribunal date?


We have had members receive this warning and go on to win their appeal but it is rare for this to happen and I have seen more lose or reduce their award than increase it.

You can withdraw the appeal up to and including the day of the hearing although I would not leave it that long, make sure you confirm in writing.

Gordon

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

Please Log in or Create an account to join the conversation.

More
6 years 8 months ago #217899 by Jayze
Replied by Jayze on topic Pip
Thank you very much for your help Gordon.

I do believe that I satisfy the criteria but due to my main illness being M.E. I cannot prove it and the Direction Notice written by the tribunal judge is so biased against me, I am thinking of withdrawing the appeal. (It does not contain any reference to the M. E. for example - my G.P. notes just say I have it, but no more than that).

Please can you tell me who do I write to in order to withdraw the appeal?

The Directions contain inaccuracies, which I am concerned may affect my benefit in the future.  If I set the record straight in my letter withdrawing the appeal, do you know if that will go into my DWP file?

 I was awarded PIP lower rate mobility and no care component in 2016.  It was the care decision I was appealing, but now the Direction Notice is threatening my mobility.  Please can you tell me, if the Tribunal takes away my mobility award will the DWP then reclaim all the money I have been paid for mobility since 2016 when I originally applied for PIP?

Best wishes,
Julie

Please Log in or Create an account to join the conversation.

More
6 years 8 months ago #217909 by Gordon
Replied by Gordon on topic Pip
Julie

Your letter just has to say that you wish to withdraw/cancel the appeal with Tribunal Reference number 123.

As no Decision is being made then I would not expect the Judge's comments to be added to your PIP file, however, if you want to make comment then do so in your letter.

If your current award is removed then the money you have been paid already could be recoverable but it would be up to the DWP whether they did or not.

Gordon

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

Please Log in or Create an account to join the conversation.

Moderators: GordonlatetrainBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid