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Successful Paper Based Appeal.
- bubblebug
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4 years 4 months ago #241679 by bubblebug
Awaiting tribunal was created by bubblebug
Good Morning
My husband has Rheumatoid Arthritis and originally was giving enhanced for both on PIP. Last year he was reviewed and he dropped down to standard on both, we put in a MR and nothing changed. Prior to the review he had lost his job on health grounds In April we appealed to the tribunal. We are still awaiting a date. We are in the West Midlands area, does anyone have any idea of timescales as the tribunal are being vague and said they don't know?
Also can we change to a paper based tribunal as my husbands anxiety is through the roof.
At which stage can we do this? Do we wait for a date or ask them to change it now?
He will be up for a review again soon so how will this impact the tribunal.
Is he to discuss his health now or how he was last December when he was reviewed?
Thanks in advance.
My husband has Rheumatoid Arthritis and originally was giving enhanced for both on PIP. Last year he was reviewed and he dropped down to standard on both, we put in a MR and nothing changed. Prior to the review he had lost his job on health grounds In April we appealed to the tribunal. We are still awaiting a date. We are in the West Midlands area, does anyone have any idea of timescales as the tribunal are being vague and said they don't know?
Also can we change to a paper based tribunal as my husbands anxiety is through the roof.
At which stage can we do this? Do we wait for a date or ask them to change it now?
He will be up for a review again soon so how will this impact the tribunal.
Is he to discuss his health now or how he was last December when he was reviewed?
Thanks in advance.
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4 years 4 months ago #241692 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Awaiting tribunal
bubblebug
We don't have regional information for Tribunals but I would expect a wait of at least 40 weeks and possibly longer, I'm surprised that the Tribunal Service is not able to tell you current wait times for your venue nobody else has reported a problem getting this information.
You can switch to a Paper hearing at any time but you need to make sure that any testimony and evidence that you want to be considered are with the TS before you do as you will not be notified of the hearing, just the Decision when it is made.
If his PIP is up for reassessment soon then the new Decision that will result will limit any award that the Tribunal might make even if the hearing is after the new Decision is made as the panel will be remaking the Decision that is being appealed and their Decision will apply from the date that it was made.
The panel can only consider your husband's conditions and limitations as they were at the time of the Decision, any change since then will be excluded from their deliberations.
Gordon
We don't have regional information for Tribunals but I would expect a wait of at least 40 weeks and possibly longer, I'm surprised that the Tribunal Service is not able to tell you current wait times for your venue nobody else has reported a problem getting this information.
You can switch to a Paper hearing at any time but you need to make sure that any testimony and evidence that you want to be considered are with the TS before you do as you will not be notified of the hearing, just the Decision when it is made.
If his PIP is up for reassessment soon then the new Decision that will result will limit any award that the Tribunal might make even if the hearing is after the new Decision is made as the panel will be remaking the Decision that is being appealed and their Decision will apply from the date that it was made.
The panel can only consider your husband's conditions and limitations as they were at the time of the Decision, any change since then will be excluded from their deliberations.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 4 months ago #241829 by bubblebug
Replied by bubblebug on topic Awaiting tribunal
Thank you for taking the time to reply.
I will contact them again for timescales.
I will contact them again for timescales.
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4 years 2 months ago #243675 by bubblebug
Replied by bubblebug on topic Awaiting tribunal
Good afternoon
I would just like to update on the situation. I contacted the tribunal service late last year and they said there was a backlog. We received an appointment mid January and after careful consideration of my husbands current anxiety we changed to a paper based hearing.
The tribunal agreed and the case was heard and to my amazement the appeal was allowed. I had sent in excess of 250+ pages and wrote a statement of how it impacts us as a family and also sent further evidence.
After looking into the matter I understand DWP can request a statement of reasons (SOR) and appeal the decision.
How often does this happen and the fact we did not attend an oral hearing - will this go against us?
I understand it can take up to 8 weeks to get backdated payments and DWP have 4 weeks to appeal the decision.
Also the tribunal have increased the award date by an additional 3 years - it was supposed to run out in Nov 2020 so I was expecting to hear around April for a review.
Will DWP adhere to the new date?
I just want to make every one aware that paper hearings can be successful. Both elements have been increased to enhanced from standard.
Thanks in advance for all the support this forum offers and all the guides.
I would just like to update on the situation. I contacted the tribunal service late last year and they said there was a backlog. We received an appointment mid January and after careful consideration of my husbands current anxiety we changed to a paper based hearing.
The tribunal agreed and the case was heard and to my amazement the appeal was allowed. I had sent in excess of 250+ pages and wrote a statement of how it impacts us as a family and also sent further evidence.
After looking into the matter I understand DWP can request a statement of reasons (SOR) and appeal the decision.
How often does this happen and the fact we did not attend an oral hearing - will this go against us?
I understand it can take up to 8 weeks to get backdated payments and DWP have 4 weeks to appeal the decision.
Also the tribunal have increased the award date by an additional 3 years - it was supposed to run out in Nov 2020 so I was expecting to hear around April for a review.
Will DWP adhere to the new date?
I just want to make every one aware that paper hearings can be successful. Both elements have been increased to enhanced from standard.
Thanks in advance for all the support this forum offers and all the guides.
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- Gary
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4 years 2 months ago #243685 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Awaiting tribunal
Hi bubblebug
The DWP can always appeal a decision that goes against them, they have to request a SOR within the time limits as you would have to if you wanted to appeal a decision.
If you are worried that DWP may appeal, then wait one calendar month and phone HMCTS and ask if DWP have requested a SOR.
I did a case last year that took nearly 3 years to complete, we were successful, DWP did apply for a SOR but then decided not to appeal.
I have been doing appeals for a number of years and so far todate DWP have never appealed a decision, so it is quite rare but they do appeal some decisions depending on the merrits of the case.
Gary
The DWP can always appeal a decision that goes against them, they have to request a SOR within the time limits as you would have to if you wanted to appeal a decision.
If you are worried that DWP may appeal, then wait one calendar month and phone HMCTS and ask if DWP have requested a SOR.
I did a case last year that took nearly 3 years to complete, we were successful, DWP did apply for a SOR but then decided not to appeal.
I have been doing appeals for a number of years and so far todate DWP have never appealed a decision, so it is quite rare but they do appeal some decisions depending on the merrits of the case.
Gary
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4 years 2 months ago #243686 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Awaiting tribunal
Hi bubblebug
It will not go against you having a paper decision.
DWP have one month to request a statement of reason (SOR), once they get the SOR they then have one month to apply for permission to appeal, so the time frame can be months as there maybe a gap between requesting a SOR and receiving a SOR.
Gary
It will not go against you having a paper decision.
DWP have one month to request a statement of reason (SOR), once they get the SOR they then have one month to apply for permission to appeal, so the time frame can be months as there maybe a gap between requesting a SOR and receiving a SOR.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: bubblebug
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