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PIP appeal

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  • dp1
    dp1 Posts: 2,045 Forumite
    Part of the Furniture 1,000 Posts
    Today I got a bundle of papers from DWP which turned out to be copies of all the forms I've sent them and a copy of a letter they had sent to the tribunal service stating they don't want my appeal to go to tribunal...basically because they say there's nothing wrong with me...again! There was also a copy of the form I filled in last year requesting LCWRA which was also refused.
    I was unsure what it meant, so I rang Citizens Advice, who again were so helpful, they advised me to just wait and hopefully I'll get a date for a tribunal to appeal. It all just seems so long and drawn out.

  • Rubyroobs
    Rubyroobs Posts: 1,084 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dp1 said:
    Today I got a bundle of papers from DWP which turned out to be copies of all the forms I've sent them and a copy of a letter they had sent to the tribunal service stating they don't want my appeal to go to tribunal...basically because they say there's nothing wrong with me...again! There was also a copy of the form I filled in last year requesting LCWRA which was also refused.
    I was unsure what it meant, so I rang Citizens Advice, who again were so helpful, they advised me to just wait and hopefully I'll get a date for a tribunal to appeal. It all just seems so long and drawn out.

    Yes it can take up  to a year in some areas to get a tribunal date.
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    dp1 said:
    Today I got a bundle of papers from DWP which turned out to be copies of all the forms I've sent them and a copy of a letter they had sent to the tribunal service stating they don't want my appeal to go to tribunal...basically because they say there's nothing wrong with me...again! There was also a copy of the form I filled in last year requesting LCWRA which was also refused.
    I was unsure what it meant, so I rang Citizens Advice, who again were so helpful, they advised me to just wait and hopefully I'll get a date for a tribunal to appeal. It all just seems so long and drawn out.

           If you haven't already, then it's worth submitting a short (2/3 pages) statement to the tribunal setting out why PIP should have been awarded. 
          You can refer to the DWP bundle, your PIP form, MR, and SSCS1. 

     An example can be found here:
    https://www.advicenow.org.uk/guides/how-win-pip-appeal
    Sections 9, 15, & 16.

      IMO it's important to do this, as the tribunal panel will review all the evidence before the hearing.
    You want them to be aware of why and how you should have been awarded PIP before the hearing - base your submission around the PIP activities and descriptors (and ensure you get to the required PIP points)
    Set out the important facts, and then you can have some further examples ready to talk about at the tribunal, and can clarify any points / their questions.


    Another good resource is: 
    https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-appeals

    But membership costs c.£20 pa
    However their appeal guides are excellent.
       
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • dp1 said:
    stating they don't want my appeal to go to tribunal
    Are you sure about this? Or are they asking the tribunal to reject your appeal? Which is simply standard practice.  You have a right to appeal. The DWP can't stop your appeal from being heard.

    Like you I received nul points at PIP assessment but at tribunal was awarded enhanced daily living and enhanced mobility both on an ongoing basis. It took eight months from start to finish which although it seemed a long time to me was a lot less than many, maybe most, experience. It depends I suppose on where you live. Some areas will have a much bigger workload than others. 
  • dp1
    dp1 Posts: 2,045 Forumite
    Part of the Furniture 1,000 Posts
    Thanks Alice I've sat this afternoon and written a few notes on what I disagree with. They haven't even got my illness right!
    Scotleag - yes they are asking the tribunal to reject my appeal. A very helpful man I spoke to at Citizens Advice said it was standard procedure. The process for me has taken almost 8 months so far - like you say it will depend on where you live 
  • dp1
    dp1 Posts: 2,045 Forumite
    Part of the Furniture 1,000 Posts
    edited 13 December 2023 at 7:12PM
    Hi back again with an update. Last week I received a letter stating my appeal will be heard on 4th January, at our local Citizens Advice office. I rang Citizens Advice and the lady I  spoke to made me a2 hour appointment at the office next Monday, to go over everything.
    Has anyone got any advice about the actual tribunal? It says it lasts 30-40 minutes, it sounds a bit daunting. Thanks
  • Rubyroobs
    Rubyroobs Posts: 1,084 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    dp1 said:
    Hi back again with an update. Last week I received a letter stating my appeal will be heard on 4th January, at our local Citizens Advice office. I rang Citizens Advice and the lady I  spoke to made me a2 hour appointment at the office next Monday, to go over everything.
    Has anyone got any advice about the actual tribunal? It says it lasts 30-40 minutes, it sounds a bit daunting. Thanks Dorothy
    The tribunal panel ( usually made up of three people), will ask you questions, go through the medical evidence they had an decide whether the DWP made the correct decision and whether the legislation in relation to PIP has been properly applied. Be prepared to have to answer any questions put to you about what you can and can't do, how far you can walk etc, any aids and adaptations used etc.
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    edited 11 December 2023 at 9:40PM
    dp1 said:
    Hi back again with an update. Last week I received a letter stating my appeal will be heard on 4th January, at our local Citizens Advice office. I rang Citizens Advice and the lady I  spoke to made me a2 hour appointment at the office next Monday, to go over everything.
    Has anyone got any advice about the actual tribunal? It says it lasts 30-40 minutes, it sounds a bit daunting. Thanks Dorothy
          Tribunal panels are very good at putting claimants at ease, they (a judge, a doctor, and someone from a disability organisation) are very well aware that people will be very nervous / anxious.
         Remember that the job of the panel is to determine if the DWP is right or wrong, to decide that they need to hear from you about how you cope with the PIP activities. Be aware of the importance of 'reliability' and 'majority of the time' in PIP decisions.   
         Also remember that because the panel are looking at the DWP decision, they are concerned with your conditions / abilities at the date of the decision 

       If moving around is disputed - then be very clear on distance (in metres) and the time taken walk that distance. It's really important to be consistent. ( A woman under 50 (with no disabilities) might be expected to walk c.85m in a minute). 
      You could use google maps to measure the distance between, say, your front door and a nearby local shop / bus stop / somewhere close by you often walk to, and then time how long it takes you to walk this distance and how many times you need to stop to rest due to discomfort. This could help explain things to the tribunal panel. 

      If you cannot repeat a walked distance again that day because of fatigue make the tribunal aware of that. (See repeatedly - https://pipinfo.net/issues/reliably).

      I assume you / your rep has submitted a written statement to the tribunal - so have a read through that. Usually when presented with a Cit A submission, a tribunal panel will focus on those PIP activities included in the submission (which makes it an easier process for both you and the tribunal).  So have some additional examples / or details to expand on to share with the panel around these PIP activities.


    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • I found the panel do want actual distance. Also the panel  asked the same questions different ways to see if my answers were consistence.
    Let's Be Careful Out There
  • dp1
    dp1 Posts: 2,045 Forumite
    Part of the Furniture 1,000 Posts
    Thank you I hadn't thought of using google maps for the walking distances - I'll do that before I go to my Citizens Advice appointment.
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