- Posts: 22
× Members
PIP Appeal
- 57SWIFTS
- Topic Author
- Offline
Less More
5 years 8 months ago #235677 by 57SWIFTS
PIP Appeal was created by 57SWIFTS
I suppose I don't really know what the question is but it is my experience.First of all let me state I am from NI and instead of the DWP we have the DfC.
On 17/5/18 I was represented at an appeal by my brother because if I was asked to attend no hearing would take place(my condition).The tribunal adjourned the appeal hearing because I was not there to sign.....'I am aware that a decision may be made which is less favourable to me by making a reduced award.'
I then within 2 weeks received the report from the tribunal outlining the reason for the adjournment with a return slip without this'vital' statement included.
I manually wrote it and signed the form.
In October 18 the appeal was heard with a favourable result.
Now,my brother is representing a friend with a similar condition.He will not be attending the hearing but no mention on the return slip of the statement mentioned above.
My brother requested the relevant form from the DfC but his request was declined because the statement had to be signed at the hearing.
He pointed out the waste of time and money this would cause but to no avail.
*I have looked through your guidance notes and those of the DWP but see no mention of this practice.
Views??
On 17/5/18 I was represented at an appeal by my brother because if I was asked to attend no hearing would take place(my condition).The tribunal adjourned the appeal hearing because I was not there to sign.....'I am aware that a decision may be made which is less favourable to me by making a reduced award.'
I then within 2 weeks received the report from the tribunal outlining the reason for the adjournment with a return slip without this'vital' statement included.
I manually wrote it and signed the form.
In October 18 the appeal was heard with a favourable result.
Now,my brother is representing a friend with a similar condition.He will not be attending the hearing but no mention on the return slip of the statement mentioned above.
My brother requested the relevant form from the DfC but his request was declined because the statement had to be signed at the hearing.
He pointed out the waste of time and money this would cause but to no avail.
*I have looked through your guidance notes and those of the DWP but see no mention of this practice.
Views??
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51287
5 years 8 months ago #235694 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal
IV
This is what I think happened.
The warning that you quote in your post is issued when the panel is concerned that any existing award is not justified by the evidence before them, the Judge in charge of the hearing is required to warn the claimant, as you were not present the hearing was adjourned and the form issued to ensure that you understood the consequences of continuing with the appeal.
AS to the second appeal, I assume that the panel has no concerns about the existing award and hence the "slip" has not been issued.
Gordon
This is what I think happened.
The warning that you quote in your post is issued when the panel is concerned that any existing award is not justified by the evidence before them, the Judge in charge of the hearing is required to warn the claimant, as you were not present the hearing was adjourned and the form issued to ensure that you understood the consequences of continuing with the appeal.
AS to the second appeal, I assume that the panel has no concerns about the existing award and hence the "slip" has not been issued.
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