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PIP Tribunal - Some assistance and advice required
- Mo
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2 years 5 months ago #265977 by Mo
PIP Tribunal - Some assistance and advice required was created by Mo
Hi all,
Background:
I was getting highest care component and highest mobility component Disability Living Allowance (DLA) from 2009 to 2017.
I was getting enhanced rate daily living component of Personal Independence Payment (PIP) from 2017 to 2019.
After a review, they stopped my PIP. I have been unsucessfully trying to claim since 2019.
After discovering Benefits and Work, I subscribed and used the guides to request mandatory reconsideration for my claim from November 2020 as I was awarded 0 points.
Mandatory reconsideration also gave me 0 points. I used the guides to send it appeal to tribunal in October 2021.
My original PIP reward in 2017, I scored 12 points for daily living PIP. I scored 4 points for mobility PIP. Since 2017, my conditions have been worse and I have accessed myself to be elibible for enhanced mobility too.
In my tribunal evidence, I have not only included all the important medical evidence, but also previous DLA & PIP award letters which contradict DWP's recent decisions to award me 0 points.
I also made a Right of Access request for PIP and have the previous reports (PA6) that awarded me enhanced. I am now waiting for a response from DWP regarding my Right of Access request for my DLA awards and evidence.
I just wanted to get some advice on how my decision will be decided and when I can expect a hearing (I live within the M25). From what I can read on the internet, my appeal will be handled by HM Courts & Tribunals Service in Sutton, I don't know the waiting times and I have put on the phone that I am ok with attention in person, having a telephone or a video appeal.
Is there anything else I should be doing? I have also read that hearings are not always neccesary and that the judge can make a decision with the evidence and arguments I submitted.
I have never done this before and I am only getting assistance from my sibling. I would welcome some advice, opinions (and some reassurance)
Background:
I was getting highest care component and highest mobility component Disability Living Allowance (DLA) from 2009 to 2017.
I was getting enhanced rate daily living component of Personal Independence Payment (PIP) from 2017 to 2019.
After a review, they stopped my PIP. I have been unsucessfully trying to claim since 2019.
After discovering Benefits and Work, I subscribed and used the guides to request mandatory reconsideration for my claim from November 2020 as I was awarded 0 points.
Mandatory reconsideration also gave me 0 points. I used the guides to send it appeal to tribunal in October 2021.
My original PIP reward in 2017, I scored 12 points for daily living PIP. I scored 4 points for mobility PIP. Since 2017, my conditions have been worse and I have accessed myself to be elibible for enhanced mobility too.
In my tribunal evidence, I have not only included all the important medical evidence, but also previous DLA & PIP award letters which contradict DWP's recent decisions to award me 0 points.
I also made a Right of Access request for PIP and have the previous reports (PA6) that awarded me enhanced. I am now waiting for a response from DWP regarding my Right of Access request for my DLA awards and evidence.
I just wanted to get some advice on how my decision will be decided and when I can expect a hearing (I live within the M25). From what I can read on the internet, my appeal will be handled by HM Courts & Tribunals Service in Sutton, I don't know the waiting times and I have put on the phone that I am ok with attention in person, having a telephone or a video appeal.
Is there anything else I should be doing? I have also read that hearings are not always neccesary and that the judge can make a decision with the evidence and arguments I submitted.
I have never done this before and I am only getting assistance from my sibling. I would welcome some advice, opinions (and some reassurance)
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- BIS
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2 years 5 months ago #265979 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic PIP Tribunal - Some assistance and advice required
Hi Mo
I'm sorry you find yourself in this position. It sounds like you've already been very thorough in gathering evidence and reading up as much as you can. Just make sure that you've read our guide on PIP appeals - to check there is nothing you might have missed.
In terms of the length of time, you will have to wait - it's difficult to know. It normally takes about a year - but it could be less. You could ring the Tribunals Service in Sutton and ask them about how long you may have to wait because there are regional variations, but we're not privy to any specific figures.
Some people request for a Tribunal to make a paper-based decision so they are not forced to give verbal evidence. The disadvantage to that is they can't plea their case in person. Sometimes the DWP offer claimants a new offer before a Tribunal hearing and then the tribunal doesn't take place. Occasionally the DWP don't send in any evidence and the Tribunal makes a ruling anyway. The majority of tribunals are decided in favour of the claimant.
www.benefitsandwork.co.uk/help-for-claimants/pip
BIS
I'm sorry you find yourself in this position. It sounds like you've already been very thorough in gathering evidence and reading up as much as you can. Just make sure that you've read our guide on PIP appeals - to check there is nothing you might have missed.
In terms of the length of time, you will have to wait - it's difficult to know. It normally takes about a year - but it could be less. You could ring the Tribunals Service in Sutton and ask them about how long you may have to wait because there are regional variations, but we're not privy to any specific figures.
Some people request for a Tribunal to make a paper-based decision so they are not forced to give verbal evidence. The disadvantage to that is they can't plea their case in person. Sometimes the DWP offer claimants a new offer before a Tribunal hearing and then the tribunal doesn't take place. Occasionally the DWP don't send in any evidence and the Tribunal makes a ruling anyway. The majority of tribunals are decided in favour of the claimant.
www.benefitsandwork.co.uk/help-for-claimants/pip
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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