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PIP assessor walked out! 11 months 1 day ago #244831

Dan

You need to get clarity on what the Decision was, I appreciate that this is proving to be more difficult than it should be but two answers you have received are incompatible with each other, I'm sure you appreciate this.

Your MR and any appeal that you make has to be in regard to the Decision that was made, arguing that you meet the Descriptors will be of no use if the Decision was that you failed to comply and conversely, arguing that you did comply will not help you meet the Descriptors.

Gordon
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PIP assessor walked out! 10 months 3 weeks ago #245098

Is it possible to add "bonus" questions to my appeal (online)? They give space to ask more questions. I've already asked to have the tribunal decide whether I FTC or not (I'm not sure if that's the right wording, what FTC legally means). Can you give me the definition? Whether you have to (ie) refuse to answer a question, or is it just being too slow (obstructive) or not looking the assessor in the eye?

I also asked if they can decide to put me through on paper, not sure they have authority, but I don't care rly. I also put a final question about whether the tribunal could decide points in the event the DWP are just gassing me. But I'll try to get clarification on Monday.

My MR letter is dated 10/02/2020, how long exactly do I have to complete my appeal? The DWP said (both) 28 / 30 days, can you give me the last day this month I should send my appeal? Ima assume my appeal needs to be sent on the 8th by 5:30 GMT. I'm no closer to knowing what I need to appeal, rly. I guess that's the idea of this Kafkaesque nightmare.

I found it difficult to navigate this website to get info about appeals, none of the front page links (list) saying (ie) "how to appeal PIP" were obvious colours to show they were / weren't clickable, and there's lots of confusing guillemot like things that look like they should be clickable too =(

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PIP assessor walked out! 10 months 3 weeks ago #245158

Dan

If your MR letter is dated 10/2/20 then you have until 9/3/20 to request your appeal although you can request a Late appeal anytime up to 9/3/21.

I'm not sure what you mean by "bonus questions". If you are opting for Paper Appeal that you do not attend and do not intend to make a submission then your request needs to explain what you appeal is about i.e. that you did not fail to comply and why you believe this to be the case.

Our PIP Appeal documents are in the PIP area, just follow the "Members Only Guides" link on the left of the page.

Gordon
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PIP assessor walked out! 10 months 3 weeks ago #245224

You are allowed to ask the tribunal to consider "additional" questions I believe (I'm trying to do this online cos VI) and I've asked a couple of extra questions, just in case. I'm not sure if this a good idea, when it's prolly just the FTC that I need to overturn. I can't login atm, I hope this doesn't happen on the 9th!

Would it be possible to ask the tribunal (ie) whether to instruct the DWP to put me through on paper review under special rules, and to add up descriptor points to force the DWP to accept this? Can they do this? (if the only question they're "supposed" to consider is FTC?) Would it even be a good idea to? Ima assume that the tribunal will say that I should be put through on paper and that I score enough points for higher / higher. I'd prefer a bunch of experts to consider evidence, than a bunch of cowboys consider ledgers.

Also, is it a good idea to take an advocate with you? I'm trying to get through to the KCC and Steve Murphy who apparently loves taking the DWP to task, but I'm not sure if I even have time. I can only hope that my sister can take me to the tribunal, but I want to go through as quick as possible; taking earliest appointment option thingy. I already feel totally unprepared =( I'm honestly not sure I can survive up to a year w/o DLA / PIP.

I still need to find out from the DWP what question I should ask the tribunal to consider, but I never get a straight answer, they refuse put it down on paper. I'll try to call them tomorrow, but this is stressing me out. I'm trying to get referred to a food bank, cos I don't have enough to live on. When my ESA gets cut back, I'll be pretty screwed, that won't be long now. I'm already at the point where I choose between heating and eating. At least I had a manager at the DWP reassure me that DLA and PIP aren't frontline benefits, so it's perfectly fine to have them cut without warning!

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PIP assessor walked out! 10 months 3 weeks ago #245239

Dan

Are you requesting an Oral hearing that you attend or a Paper hearing that you do not?

If you are appealing a Failure to Comply then the panel will not be able to make a Decision on whether you are entitled to an award of PIP or not. So you need to get a definitive statement on what the DWP's Decision was.

I've pointed you at the Decision Letter and you have told me that it says that you failed to Comply.

Do you work? If you cannot work are you receiving a sickness benefit such as ESA or Universal Credit?

Gordon
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PIP assessor walked out! 10 months 3 weeks ago #245243

I'm going to the hearing if I can (get a lift.) I'll use the original letter, since it's the only real concrete info I have about FTC being the reason. I get ESA with SDP, but not for much longer. I recently had to fill out another ESA50 which usually precedes a slash in benefit.

Can I ask the tribunal to consider whether I should be subject to a paper review? Or should I just take my chances with both "extra" questions, ask them anyway and see how the chips fall? I don't want them to be annoyed at my wasting their time, but I'm thoroughly sick of the DWP, as I'm sure anyone is who has to deal with them on any level for any amount of time.

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