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PIP medical assessment underscoring

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5 years 2 months ago #244952 by BertieWooster
Replied by BertieWooster on topic PIP medical assessment underscoring
Gordon,

To clarify, when you say it would be unusual for the DWP not to provide their submission in time, do you mean it is unusual for the DWP not to provide their submission within the original 4 weeks from the registration of the appeal, allowed by the court, or do you mean before the hearing date, i.e. ~42 weeks?

Separately, is there legislation or guidance which prescribes when courts are expected to hold hearings following the proper registration of a welfare appeal? Although unrelated, in the NHS one has the legal right to start consultant led treatment within 18 weeks of a referral from a GP, and to be seen at any NHS provider and not just the one preferred by the Clinical Commissioning Group. Few patients are aware of these rights but there has been more than one occasion when I have been put on months' long waiting lists due to lack of resources but once I have made the hospital aware that I am aware of the 18 weeks' Referral to Treatment rule, they have always brought forward my appointments. I do not like to do this and one should not have to be noisy just to obtain the treatment to which they are legally entitled, but the squeakiest wheel gets the oil, especially when you are presenting a provider, be it an NHS hospital, a government department, or the courts, with a complaint that they are not responding appropriately, such as by taking far too long to process an administration. I have become somewhat knowledgeable of NHS rules so I am able to assert myself to receive the treatment I need. I would like to understand the rules and expectations around the Courts - Tribunal service so that I can, if possible, not have to wait up to one year for a judgement. I am struggling and do genuinely need PIP so I cannot wait this long for a hearing.

Bertie

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5 years 2 months ago #244983 by Gordon
Replied by Gordon on topic PIP medical assessment underscoring
Bertie

I mean the period until a hearing is held.

There is no legislation requiring Appeals to be heard within a specific timescale. You can ask for your appeal to be prioritised but I doubt this will happen, you are just one of a large number of people asking.

Gordon

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

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5 years 2 months ago #244984 by Sassykins
Replied by Sassykins on topic PIP medical assessment underscoring
Hi Bertie

You could also approach your MP, they appear to have caseworkers to help with benefit problems.

Good luck MO

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