- Posts: 7
× Members
PIP Tribunal
- prf80
- Topic Author
- Offline
Less More
7 years 3 months ago #205715 by prf80
PIP Tribunal was created by prf80
I am using the excellent 'benefits and work' resources to help someone with their PIP tribunal. We have chosen an oral hearing. However, before the hearing, should we challenge some of the decisions made by the DWP? For example, the person I'm helping is not able to prepare and cook a meal (cuts themselves with sharp knves, drops kettle and pans, forgets to turn gas rings off, forgets to remove metal foil from food for microwaving). By giving this detail, are we giving the DWP too much of an opportunity to prepare their case? We do not have a tribunal date.
Also, are we allowed to submit on the date of the tribunal a maximum of two A4 sheets stating ". . . unable to prepare and cook a meal safely" and such like. Would this be in the name of the person making the appeal or in my name?
Also, are we allowed to submit on the date of the tribunal a maximum of two A4 sheets stating ". . . unable to prepare and cook a meal safely" and such like. Would this be in the name of the person making the appeal or in my name?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
7 years 3 months ago #205744 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Tribunal
PR
So this is the process;
You make a request for appeal to the Tribunal Service with your basic reasons for appeal.
The DWP will prepare their submission, this will include their reasons for their Decision and all of the documents used in the making of the Decision.
If you have opted for an Oral hearing that you attend then your submission and all evidence must be with the TS no later than seven days before the hearing.
A tribunal is not adversarial as a criminal or civil court case is, so you are not exposing your "hand" by explaining why the claimant has problems completing the PIP activities, in fact it may be to your advantage because if you present a compelling case the DWP might revise their Decision in advance of the Tribunal hearing, although this does not happen very often.
Gordon
So this is the process;
You make a request for appeal to the Tribunal Service with your basic reasons for appeal.
The DWP will prepare their submission, this will include their reasons for their Decision and all of the documents used in the making of the Decision.
If you have opted for an Oral hearing that you attend then your submission and all evidence must be with the TS no later than seven days before the hearing.
A tribunal is not adversarial as a criminal or civil court case is, so you are not exposing your "hand" by explaining why the claimant has problems completing the PIP activities, in fact it may be to your advantage because if you present a compelling case the DWP might revise their Decision in advance of the Tribunal hearing, although this does not happen very often.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David