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5 months 1 day ago #267047 by jarnold
Pip tribunal was created by jarnold
Hi
Today was my pip tribunal , the judge has told me that the case is too complicated and needs a district judge so has re referred it , they said it was in my interest to get legal advice for my own advantage , I don’t understand why ?? They said the read through everything and the Dwp has asked for it to be struck out and that is why it must go to district judge, I’m confused , can some one explain why this would happen ? Please ,

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5 months 16 hours ago #267065 by Gary
Replied by Gary on topic Pip tribunal
Hi jarnold

We cannot give you any advice as we would only be guessing, you need to contact your local Welfare Rights Organisation who can take all your circumstances into consideration; You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

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5 months 16 hours ago - 5 months 16 hours ago #267066 by LL26
Replied by LL26 on topic Pip tribunal
Hi jarnold,
Striking out is effectively a method either for getting rid of very weak cases or alternatively as a penalty where tribunal rules have been persistently ignored or breached by one of the parties. Basically if your appeal gets struck out, it will be cancelled and you will not be able to continue. Your ability to proceed with THIS PIP claim is therefore in great jeopardy. Hence the need to get proper legal advice.
You may still be able to put in a new PIP claim, but if your appeal gets struck out it is highly unlikely that DWP will award nil points and you may need to appeal again. If you can't continue with the current claim you won't be able to claim back dated payments. If your case involves a situation where DWP reduced a previous award, and DWP argue misrepresentation or fraud then if your appeal can't continue you might be faced with a large overpayment which would now be due to be paid back, and you could not argue about.
You haven't explained why a strike out might occur? Possible scenarios I can think of include a late appeal where there isn't good reason, and there's little chance of success.
An appeal made in time, but one which doesn't show a good case is unlikely to be struck out. The tribunal deal with many unrepresented claimants who can not easily explain their case.Whilst a tribunal can't formulate the case for someone, it would provide some help and is likely to at least hear the appeal rather than strike it out, as it could be unfair for the appellant not to allow him to have at least "part of his day in court".
This leads me to think that in the absence of a poor late appeal, you may have failed to comply with a direction notice? In order to manage hearings the tribunal can request certain papers are sent in by both appellant and DWP. There is often a time limit. This might mean that you have been required to send in certain documents that are relevant to the case. It might also involve your attendance at a (further) assessment, or completing and returning eg consent for the tribunal to access your medical records. This might also apply to something you said you would send in that you assert helps your case. Perhaps you have asked for an adjournment to send it in and you still haven’t sent the thing in or done what you were supposed to have done. Needless the tribunal can't keep on adjourning or waiting for you to do whatever it is, and particularly if your case is not strong, you will get a strike out warning.
The tribunal rules require all parties to comply with directions and generally assist the tribunal. So for example, if DWP has lost a document such as the assessment form, but you have a copy, then you are obliged to send it in, even if it doesn't help your case!
So, your appeal is now in jeopardy. Please try and get an appointment with eg CAB or a law centre. Take your appeal bundle and ALL the letters from the tribunal, and most importantly any Directions Notices. If you haven't received any notices then contact the tribunal office and ask for copies. (Or you could do this anyway, just to make sure you haven't missed something or it wasnt lost in the post. If the strike out involves something that you should have sent, then do you have proof of when it was sent, maybe resend it?
If you do nothing it is highly unlikely you won't be able to appeal, which could severely affect your money coming in.
I hope this helps.
Good luck.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 5 months 16 hours ago by LL26. Reason: Spelling
The following user(s) said Thank You: Deborah Wenn, Raph

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5 months 6 hours ago #267076 by jarnold
Replied by jarnold on topic Pip tribunal
Hi all and thankyou ,
The case has not been struck out , yet , the judge said the tribunal will not go ahead but she felt it should go to the district judges .
My pip was lowered in 2016 on mobility when I transferred to pip , I found out that it should not have been lowered and I came under the leap , so I called up Dwp and they said we sent you a letter in 2019 , I told them I never received anything , so they said they would send my file to re asses ,
Then they said no change , I felt they were wrong so I appealed , they did not change there opinion, so I sent it to tribunal , the judge was really nice and said the Dwp should be here to answer questions and they are not and we feel it is in your best interest to take it to the district judge , as this case is unusual and complicated and these type of cases don’t come up .
Hope that makes things clearer
.
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4 months 4 weeks ago #267111 by Gary
Replied by Gary on topic Pip tribunal
Hi jarnold

Thank you for the update.

Your case is unusual and interesting, please keep us informed on how you get on.

We have had many queries here on the forum about LEAP, so it will be interesting to see what the outcome is.

Gary

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4 months 4 weeks ago #267116 by jarnold
Replied by jarnold on topic Pip tribunal
Thank you Gary
Got the letter this morning , case is adjourned and will
Go up to district judge , the Dwp are saying it should be struck out due to the time and I should of asked within 13 months ,(but I never got the letter and it’s not the first time )
So I am currently trying to get welfare representative but is proving difficult . Will
Keep you updated .
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