PIP backdated appeal - Paper Hearing Waiting

biggysmaller

I am not in my 25th week of a PIP appeal. two weeks ago the courts finally allowed the appeal to go ahead (late) and I sent back the form instructing them to go ahead with a paper hearing. I then received a stack load of papers from the DWP, including my original claim papers. The Courts received the same.
So here's the question - how long will I know have to wait for a paper hearing? I phoned up the Courts and they told that they can't tell me - but surely now that everything is in place it can't be as long as the wait so far?

poppy12345

biggysmaller wrote: »

I am not in my 25th week of a PIP appeal. two weeks ago the courts finally allowed the appeal to go ahead (late) and I sent back the form instructing them to go ahead with a paper hearing. I then received a stack load of papers from the DWP, including my original claim papers. The Courts received the same.
So here's the question - how long will I know have to wait for a paper hearing? I phoned up the Courts and they told that they can't tell me - but surely now that everything is in place it can't be as long as the wait so far?

How long s a piece of string is the simple answer. There's no timescales, i'm afraid.

I would however seriously advice you about re-thinking that paper hearing. 65% of those who appear at Tribunal have a decision in their favour. It's much less for those who choose not to appear. If i was taking a decision to Tribunal i'd make sure i did everything i could to appear in person. It the best way of explaining to the Tribunal, and to tell your story in person, rather than have evidence on paper.

poppy12345

biggysmaller wrote: »

I am not in my 25th week of a PIP appeal. two weeks ago the courts finally allowed the appeal to go ahead (late) and I sent back the form instructing them to go ahead with a paper hearing. I then received a stack load of papers from the DWP, including my original claim papers. The Courts received the same.
So here's the question - how long will I know have to wait for a paper hearing? I phoned up the Courts and they told that they can't tell me - but surely now that everything is in place it can't be as long as the wait so far?

Re-read this, do you mean you ARE in your 25th week?

biggysmaller

Yes, I'm in the 25th week of the appeal process. It took an age for the judge to even look as my submission for a late appeal!

With regards to the other post about attending the hearing - There is literally nothing more to be added or gained by attending an appeal that is very much based on a paper trail with the DWP, all of which the Courts have. And I have been successful on appeals before without attending, even medical evidence ones!

Alice_Holt

biggysmaller wrote: »

There is literally nothing more to be added or gained by attending an appeal that is very much based on a paper trail with the DWP, all of which the Courts have.....

There is a lot to be gained by attending the appeal. Your verbal evidence will be important to the panel and to the tribunal outcome.
You have a chance to clarify any queries, and give examples / illustrations to show how the PIP activities apply to you for the majority of the time.

Goggle info on the Tribunal stats for the % success of paper appeals vs oral hearings.
http://www.nuffieldfoundation.org/sites/default/files/files/Tribunal_decision_making_vFINAL.pdf
"Claimants are 2.7 times more likely to be successful after an oral hearing, with 46% of DLA appeals allowed by tribunals following an oral hearing and only 17% allowed when the appeal is decided on the papers alone"

biggysmaller

Well, I have won my tribunals before with paper hearings. I guess it depends on how precise and accurate ones evidence is for the panel to make a decision.

Alice_Holt

biggysmaller wrote: »

Well, I have won my tribunals before with paper hearings. I guess it depends on how precise and accurate ones evidence is for the panel to make a decision.

Yes, it will depend on the quality of the submission and the relevance of the medical evidence provided to the TS.
For instance - a diary of care needs to show how their frequency, the nature of the help required, explanations why you can't do an activity reliably etc.can be very helpful for a paper hearing. As can compelling written evidence from carers / family / friends.

And there are some hearings which are concerned with purely technical aspects of PIP regulations / caselaw.

But generally if the panel are looking at descriptors they will place considerable weight on the appellant's verbal evidence (especially if this is supported by the medical evidence). The only occasions it can go awry is when the appellant is not seen as a credible witness, argues with the panel, contradicts themselves, etc, and those are very rare.