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  • FIRST POST
    • Lindak439
    • By Lindak439 15th Sep 18, 12:48 PM
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    Lindak439
    Pip appeal first stage appeal court Monday 17th of September 2018
    • #1
    • 15th Sep 18, 12:48 PM
    Pip appeal first stage appeal court Monday 17th of September 2018 15th Sep 18 at 12:48 PM
    I'm at the first tier appeal court this Monday. I had been on DLA since 1991. I was told that I would have to claim esa even though my partner had claimed income support for all those years for both of us he was also getting carers allowance. When I went to the pip assessment I failed so went for the mandatory decision which I failed but they did say that I could appeal. To cut a long story short my dla which was higher rate for care and lower for mobility for an indefinite time. When I failed the first pip assessment in September last year and on the mandatory decision the first and second assessor the points I failed on if they had put the points together I would have passed. So in December our income support stopped and we had to go to the job centre for an appointment. We got there and as my partner is my full time carer and his health they said that he isn't fit for work. So I was told to claim esa for the both of us. I then received a letter to go for a fitness assessment then three days before the appointment I got another letter saying I don't have to go for the assessment and to get in touch with the job centre for the reasons. This happened in march this year so I'd been on ESA three months I then soon after got a letter from esa in June and it was actually dated March the esa had put a stamp mark over the March date with a stamp saying June but in march when I was supposed to be assessed for work I got a letter saying I was now on the support part of esa. I thought you had to be claiming six months before they made a decision on this. I then get a letter from the appeal court from the judge no less saying that the DWP has tried to present their evidence at court and the judge adjourned it the letter says the only evidence they had to produce was the pip assessment and the pip mandatory desicion with the medical evidence they had but it was medical evidence only from the pip. The judge wasn't happy that I'd been assessed for dla and had been receiving it for all those years and pip was wasting time by not bringing the medical evidence they had for my dla. So it was adjourned for two weeks that's all the DWP were allowed to get the medical evidence for the DlA to court. But I've noticed the pip have put a small letter in with the evidence. It says that if Mrs king wins the appeal were only going to backdate money owed to the date her last payment of dla. Why would they make a comment in a letter then make sure I get it when it hasn't even been to court yet. I'm scared stiff about appearing in court my conditions are all mental health I've no representation as I couldn't get anyone as it's happened so suddenly. I do have new evidence which the court wanted to check seven days before the hearing but I've only managed to get new evidence this week. I'm scared so panicked about it it's making me physically sick. I really need advice on what can I take to the hearing if I take the evidence I have and turn up an hour before will the judge read it. Is it worth taking it at all concidering the pip have messed the judge about in the first place. And the letter about if I win and the period of when to backdate it from do I take it with me please please I know this is extremely long there is a lot happened. I would gratefully appreciate any help and advice asap thanx everyone
Page 1
    • Ames
    • By Ames 15th Sep 18, 1:48 PM
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    Ames
    • #2
    • 15th Sep 18, 1:48 PM
    • #2
    • 15th Sep 18, 1:48 PM
    I'm sorry but your post is really confusing. I don't think the ESA stuff is relevant as you get that and are in the support group?

    I'm not sure what your question is? Is it just about the evidence? You could take it with you but the tribunal might not have time to read it. Getting there early won't give them more time as they'll be dealing with the hearing before yours.

    The point about backdating, it's correct that the PIP would be backdated to the date your DLA stopped.
    Unless I say otherwise 'you' means the general you not you specifically.
    • poppy12345
    • By poppy12345 15th Sep 18, 4:29 PM
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    poppy12345
    • #3
    • 15th Sep 18, 4:29 PM
    • #3
    • 15th Sep 18, 4:29 PM
    Your post is extremely difficult to read without paragraphs, as you've gone from talking about ESA, then to PIP.


    Any extra evidence you have should be sent to the Tribunal to arrive no later than 10 days before the date of the hearing. If you take it with you on the day then you risk it not being taken into consideration because there's a chance they won't have time to read it. Is there any reasons why you've left it so late to send the evidence? I see you've been waiting several months for the Tribunal hearing.


    As for your ESA, assessment rate is 13 weeks and not 6 months. If placed into Support Group money increases from week 14 of your claim.
    • deannatrois
    • By deannatrois 16th Sep 18, 3:06 PM
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    deannatrois
    • #4
    • 16th Sep 18, 3:06 PM
    • #4
    • 16th Sep 18, 3:06 PM
    Poppy, the OP said she received the new evidence 7 days before Tribunal date. I know I wondered if I could get the evidence below accepted and because of problems getting it, only just managed to get a supportive letter from a professional I knew, in time. I had to give up on another one.

    I had a PIP tribunal two weeks ago. ,I have ASD and a couple of other conditions. Two days before the tribunal I had my first Arthritis appt, at which it was confirmed I have arthritis of some severity. On my request the Consultant allowed me to collect a letter about the appt the next day.

    I took it to the PIP tribunal, explained it had only been possible to get the day before and they used it as evidence. In fact, I think it was a major part of the evidence and helped the decision go in my favour. They delayed the tribunal to take time to read the letter.

    I hope this helps. The clerk came to see me before the tribunal and I explained I had a letter I'd only just received and could it please be considered as evidence.

    The tribunal wasn't as bad as I'd thought. It lasted about an hour and 20 mins, it gave me an opportunity to fill in some of the gaps. I did get rather 'foggy' in the last 20 mins but I think they spotted that. In retrospect, I'd ask for a break another time.

    Mind you, as I was leaving the tribunal, there was a corridor with ramps every few feet (there had been steps there). I was having to walk very slowly up the ramps as I don't do uneven surfaces very well, heard someone saying 'take the first left to get out' and it was the main judge. He'd been watching me lol. But that probably helped me rather than hindered as it was a bit difficult negotiating those dratted ramps.

    However, I am certain the main reason i got the enhanced mobility was because of the ASD, I was given opportunity to explain why I have problems planning and carrying out journeys. Due to the recent law change, it does seem that 'stress' is allowed as a reason to get enhanced mobility now.

    Did you receive a bundle of papers about the hearing? This is what the tribunal will consider. It isn't a good idea to take a disorganised pile of papers with you. Look in the bundle and see what is already being considered. Hopefully you will find a lot of the paperwork is there. It should be the evidence you have already submitted with your application, MR and appeal request letter. That should be enough, with the addition of the recent letter.
    Last edited by deannatrois; 16-09-2018 at 3:48 PM.
    • poppy12345
    • By poppy12345 16th Sep 18, 3:32 PM
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    poppy12345
    • #5
    • 16th Sep 18, 3:32 PM
    • #5
    • 16th Sep 18, 3:32 PM
    Poppy, the OP said she received the new evidence 7 days before Tribunal date.
    Originally posted by deannatrois
    Reading something with no paragraphs is extremely difficult to read, which is why i missed that.
    • Lindak439
    • By Lindak439 18th Sep 18, 2:16 PM
    • 3 Posts
    • 1 Thanks
    Lindak439
    • #6
    • 18th Sep 18, 2:16 PM
    • #6
    • 18th Sep 18, 2:16 PM
    Thanks everyone for your reply.I didn't go to the appeal for the pip on the 17th as it was just to daunting and I wasn't able to cope. I have received a letter this morning from the appeal court it says that I'm not entitled to the daily living component as I don't have enough points but I was allowed the mobility component at the standard rate they said. By reason of the evidence in the papers Mrs King is significantly limited as I can't go out on my own. The letter also it's dated that I'm entitled from 18/10/2017 to 17/10/2018.Can anyone please advise me on what happens next. I'm so glad I joined this site there is more help and advice on here than anywhere else I've looked. Thanx
    • poppy12345
    • By poppy12345 18th Sep 18, 2:33 PM
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    poppy12345
    • #7
    • 18th Sep 18, 2:33 PM
    • #7
    • 18th Sep 18, 2:33 PM
    Thanks everyone for your reply.I didn't go to the appeal for the pip on the 17th as it was just to daunting and I wasn't able to cope. I have received a letter this morning from the appeal court it says that I'm not entitled to the daily living component as I don't have enough points but I was allowed the mobility component at the standard rate they said. By reason of the evidence in the papers Mrs King is significantly limited as I can't go out on my own. The letter also it's dated that I'm entitled from 18/10/2017 to 17/10/2018.Can anyone please advise me on what happens next. I'm so glad I joined this site there is more help and advice on here than anywhere else I've looked. Thanx
    Originally posted by Lindak439
    Great news. You need to wait now for DWP to repay you your backdated money, which can take as long as 6 weeks.


    However, as the Tribunal have only recommended 1 year then you'll be receiving a letter from DWP to ask if you want to re-apply. If you do then you'll need to ring and ask them to send you more forms and then you'll have to start the process all over again. Your money will only paid up until 17/10/18 and then it will stop. If you re-apply and are awarded it will be backdated to the date it stopped.
    • deannatrois
    • By deannatrois 21st Sep 18, 12:22 AM
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    deannatrois
    • #8
    • 21st Sep 18, 12:22 AM
    • #8
    • 21st Sep 18, 12:22 AM
    Try and get CAB help if you can next time around. I feel sure you could have qualified for a care award too.

    Its such a shame there aren't more options to get a representative to go with a person who needs support. I know its because of funding problems, but its such a needed service.
    • diesel dog
    • By diesel dog 22nd Sep 18, 6:24 PM
    • 266 Posts
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    diesel dog
    • #9
    • 22nd Sep 18, 6:24 PM
    • #9
    • 22nd Sep 18, 6:24 PM
    How come it'll only be paid to paid up until 17/10/18 when the hearing has recently taken place? Surely they can extend that date otherwise the OP will have to go through this again after this date?
    • poppy12345
    • By poppy12345 22nd Sep 18, 10:00 PM
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    poppy12345
    How come it'll only be paid to paid up until 17/10/18 when the hearing has recently taken place? Surely they can extend that date otherwise the OP will have to go through this again after this date?
    Originally posted by diesel dog
    Because that was the length of the award given by the Tribunal. As stated in post #6. Yes, they will need to go through the claims process again.


    The letter also it's dated that I'm entitled from 18/10/2017 to 17/10/2018.
    Originally posted by Lindak439
    They can ask for the Statement of reasons by contacting the Tribunal. From this to be able to appeal the decision they must first find an error in law. Otherwise, the decision stands.
    • diesel dog
    • By diesel dog 23rd Sep 18, 8:34 AM
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    diesel dog
    I understand that.

    I just think it's odd that someone goes through a MR then Tribunal and while the facts of the case are fresh, the Tribunal award is very short. Meaning the claimant will have to possibly go through all of this again.
    • poppy12345
    • By poppy12345 23rd Sep 18, 8:41 AM
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    poppy12345
    Unfortunately that was the decision by the Tribunal. It was a paper based decision, if they had appeared in person they may have got a longer award. It's always better to appear in person, so the Tribunal can see for theirselves exactly how your conditions affect you.
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