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  • FIRST POST
    • serenaly
    • By serenaly 9th Sep 17, 4:52 PM
    • 68Posts
    • 320Thanks
    serenaly
    Tribunal for PIP
    • #1
    • 9th Sep 17, 4:52 PM
    Tribunal for PIP 9th Sep 17 at 4:52 PM
    So yesterday had my tribunal appeal for PIP, I am suffering with PTSD, severe anxiety and depression. A representative from the DWP was also present and although I have found the whole thing completely traumatising, they were polite people who gave me time and supplied tissues!
    I was told that the decision would be sent through the post, however, my question is-if there is a DWP rep at your tribunal and the decision goes in the claimant's favour, do the DWP still have 28 days to appeal?
    Many thanks for any answers and as soon as I receive an answer I will update this post, I have been waiting since December last year.
Page 1
    • Alice Holt
    • By Alice Holt 9th Sep 17, 6:21 PM
    • 1,377 Posts
    • 1,491 Thanks
    Alice Holt
    • #2
    • 9th Sep 17, 6:21 PM
    • #2
    • 9th Sep 17, 6:21 PM
    Both parties to the tribunal have the right to ask for a set-aside of the first tier's tribunal decision (regardless of the presence of a representative).
    However, this is only allowed if the FTT have made an error in law.
    The first stage is to request a Statement of Reasons from the tribunal within 1 month of the date of the decision letter.
    • serenaly
    • By serenaly 12th Sep 17, 5:45 PM
    • 68 Posts
    • 320 Thanks
    serenaly
    • #3
    • 12th Sep 17, 5:45 PM
    Tribunal won
    • #3
    • 12th Sep 17, 5:45 PM
    As an update, today I received the letter that the tribunal has been won and has jumped me from 7 points to 15 for enhanced living and 4 for mobility(which I completely agree with).
    So am very satisfied and glad, even though it has been a struggle to stick with it, although, it's not over yet now got to wait for the dreaded response from DWP and the 28 days!
    • cantcope
    • By cantcope 14th Sep 17, 12:54 PM
    • 1,652 Posts
    • 1,236 Thanks
    cantcope
    • #4
    • 14th Sep 17, 12:54 PM
    • #4
    • 14th Sep 17, 12:54 PM
    thank you for posting this. i am still waiting for my hearing date and am getting more nervous and stressed out by the day. i appealed in June and was told there was an average 17 week wait for a hearing date :/ which takes me to about end of October... when i'm away for a week..

    Does anyone know what happens if the date is when i'm not here?
    my eyes are like mirrors. They reflect whats going on around me rather than whats inside
    Original debt May 06 £16569,25th Feb 08 DEBT FREE

    Last bet : 26th October 2006
    • serenaly
    • By serenaly 14th Sep 17, 4:39 PM
    • 68 Posts
    • 320 Thanks
    serenaly
    • #5
    • 14th Sep 17, 4:39 PM
    • #5
    • 14th Sep 17, 4:39 PM
    I know that on the appeal you would have been asked to agree to a short notice appeal but I believe that notice period is 14 days. Somebody may be able to confirm this. When you receive your letter, unless something has changed you do not need to respond.
    • Alice Holt
    • By Alice Holt 15th Sep 17, 6:47 PM
    • 1,377 Posts
    • 1,491 Thanks
    Alice Holt
    • #6
    • 15th Sep 17, 6:47 PM
    • #6
    • 15th Sep 17, 6:47 PM
    thank you for posting this. i am still waiting for my hearing date and am getting more nervous and stressed out by the day. i appealed in June and was told there was an average 17 week wait for a hearing date :/ which takes me to about end of October... when i'm away for a week..

    Does anyone know what happens if the date is when i'm not here?
    Originally posted by cantcope
    Ring the Tribunal Service asap and let them know of the dates you won't be able to attend.
    This is very important, giving your verbal evidence is often crucial in a successful outcome and tribunals are frequently reluctant to postpone hearing dates once set.
    Tell the TS now before a date is set, so that you can be sure it falls on a date (and time) when you can attend.
    Last edited by Alice Holt; 15-09-2017 at 6:54 PM.
    • cantcope
    • By cantcope 19th Sep 17, 12:25 PM
    • 1,652 Posts
    • 1,236 Thanks
    cantcope
    • #7
    • 19th Sep 17, 12:25 PM
    • #7
    • 19th Sep 17, 12:25 PM
    thank you i will call them today as its starting to really worry me
    my eyes are like mirrors. They reflect whats going on around me rather than whats inside
    Original debt May 06 £16569,25th Feb 08 DEBT FREE

    Last bet : 26th October 2006
    • dave030445
    • By dave030445 23rd Sep 17, 5:32 PM
    • 950 Posts
    • 256 Thanks
    dave030445
    • #8
    • 23rd Sep 17, 5:32 PM
    • #8
    • 23rd Sep 17, 5:32 PM
    So yesterday had my tribunal appeal for PIP, I am suffering with PTSD, severe anxiety and depression. A representative from the DWP was also present and although I have found the whole thing completely traumatising, they were polite people who gave me time and supplied tissues!
    I was told that the decision would be sent through the post, however, my question is-if there is a DWP rep at your tribunal and the decision goes in the claimant's favour, do the DWP still have 28 days to appeal?
    Many thanks for any answers and as soon as I receive an answer I will update this post, I have been waiting since December last year.
    Originally posted by serenaly
    Oh god I thought you got the decision straight away like ESA. Its hell just waiting for An appointment without having to wait for the decision,
    • serenaly
    • By serenaly 23rd Sep 17, 6:12 PM
    • 68 Posts
    • 320 Thanks
    serenaly
    • #9
    • 23rd Sep 17, 6:12 PM
    • #9
    • 23rd Sep 17, 6:12 PM
    I believe sometimes they will give you a decision on the day, just my luck that I had to wait, I have now been told after a phone call to dwp that the cut off day for the decision whether they are going to appeal is the 6th October. I was then told it would only be a few more weeks after that when everything will be sorted out! I understand its a very busy system but the whole waiting is so stressful.
    • scarletspy
    • By scarletspy 23rd Sep 17, 7:43 PM
    • 14 Posts
    • 2 Thanks
    scarletspy
    I got my decision on the day unfortunately (I lost). It depends how busy the panel is. For example if your tribunal runs late they might not be able to make a decision before the have to do the next one so they send it out in the post.

    As for possibly missing the tribunal: I was given a date on the one day my Mother couldn't get off work. I have bad anxiety and couldn't go alone so I wrote a letter to the tribunal clerk and explained why I couldn't attend. I asked if it would be possible to postpone the tribunal and, if not, could they make a decision based on my written evidence. They rescheduled the tribunal but I had to wait another 2 1/2 months.
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