Tribunal for PIP

serenaly · 9 September 2017 at 4:52PM

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.

Alice_Holt · 9 September 2017 at 6:21PM

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 · 12 September 2017 at 5:45PM

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 · 14 September 2017 at 12:54PM

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?

serenaly · 14 September 2017 at 4:39PM

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 · 15 September 2017 at 6:47PM

cantcope wrote: »

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?

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.

cantcope · 19 September 2017 at 12:25PM

thank you i will call them today as its starting to really worry me

dave030445 · 23 September 2017 at 5:32PM

serenaly wrote: »

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.

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 · 23 September 2017 at 6:12PM

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 · 23 September 2017 at 7:43PM

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.

dave030445 · 24 September 2017 at 7:24PM

scarletspy wrote: »

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.

HI you say you lost does that been they kept the points the same as what DWP gave or did you lose points.

Tribunal for PIP

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