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PIP Tribunal Question
cornish_donkey
Posts: 150 Forumite
Hi the tribunal service received my husbands appeal against PIP in May they wrote to the DWP for a response and asked them for all information they hold on my husband. My husband received a letter today stating the DWP have not responded and want him to send a copy of all PIP letters he has.
Has anyone else been in this situation?
Does this mean it may not be an oral hearing as we requested?
Does this mean the hearing may be coming up soon? As we were told the waiting time was a year!
Tia
Has anyone else been in this situation?
Does this mean it may not be an oral hearing as we requested?
Does this mean the hearing may be coming up soon? As we were told the waiting time was a year!
Tia
0
Comments
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This link might be of use to you.
https://www.mumsnet.com/Talk/_chat/3548444-PIP-Tribunal-No-response-from-the-DWP
As regards the actual date of the hearing this will probably depend on the waiting times in your area.0 -
This seems to be an increasing problem. The tribunal will, I think, proceed as normal but will want to have as much information as possible to assist then in reaching a decision. I don’t think it makes any difference to the type of tribunal or how long it will take to beheld.
https://www.rightsnet.org.uk/forums/viewthread/14273/Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0 -
it's important to state your case as to why PIP should have been awarded. Then the tribunal will have evidence in front of them. A brief statement as detailed in this guide is sufficient:
https://www.advicenow.org.uk/guides/how-win-pip-appeal
Also send the tribunal any relevant medical evidence you have; any statements from family members / carers detailing the care provided would be helpful.
If you have a copy of your (well written) PIP2 form, you could send this.
If in receipt of PIP (or DLA) previously, then a summary of the award / length would be helpful.
Relate your statement to to the PIP points:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
By doing this you are likely to increase your chances of a successful outcome as the all the evidence before the panel is supportive of an award.
The absence of the DWP evidence bundle defending their decision not to award PIP, also makes your husband's verbal evidence at the tribunal even more important.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Alice_Holt wrote: »it's important to state your case as to why PIP should have been awarded. Then the tribunal will have evidence in front of them. A brief statement as detailed in this guide is sufficient:
https://www.advicenow.org.uk/guides/how-win-pip-appeal
Also send the tribunal any relevant medical evidence you have; any statements from family members / carers detailing the care provided would be helpful.
If you have a copy of your (well written) PIP2 form, you could send this.
If in receipt of PIP (or DLA) previously, then a summary of the award / length would be helpful.
Relate your statement to to the PIP points:
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-points-system
By doing this you are likely to increase your chances of a successful outcome as the all the evidence before the panel is supportive of an award.
The absence of the DWP evidence bundle defending their decision not to award PIP, also makes your husband's verbal evidence at the tribunal even more important.
Thank you for your help and support. My husband has already sent his evidence to the tribunal service stating what he was awarded, why he feels the award is wrong and what he feels he should have received.
The tribunal service just need the DWPs evidence now, I wondered if it meant the tribunal may be coming up soon? And if it was normal for the DWP to not respond?0 -
As previously advised, DWP often don't respond within the timescale but it doesn't mean you've won. Please read the links in post 2 and 3 above.cornish_donkey wrote: »The tribunal service just need the DWPs evidence now, I wondered if it meant the tribunal may be coming up soon? And if it was normal for the DWP to not respond?
It doesn't mean that the hearing will be soon either because waiting times for Tribunal are huge in most areas. Expect a long wait as lots of people wait about 1 year for the hearing date. If it's earlier than this it's a bonus.0 -
cornish_donkey wrote: »A. I wondered if it meant the tribunal may be coming up soon?
B: And if it was normal for the DWP to not respond?
A. No, like poppy I don't think you can make this assumption. In fact it may be more likely for it to take longer, as the TS may issue further Direction Notices to the DWP thus delaying the listing date.
B. It's not usual, however as calcotti says it is becoming more frequent (indicative of an under-resourced DWP). Usually the DWP will eventually forward the evidence bundle.
If the TS have asked you for more information, I would respond to their Direction Notice - even if it's a letter to say you don't have any info / a copy of your PIP2 form to hand ATM.
Remember you can request a copy of the medical assessment from the DWP. This would be worth getting as this would show you the DWP's argument for declining the award. This could inform any supplementary evidence you may wish to send the tribunal.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Thanks for the replies. I know this means means my husband hasn’t won his case. I have copied everything I have including a copy of the PIP medical assessment so hopefully his case won’t be postponed or pushed to the back of the queue.0
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No, it doesn't mean he hasn't won, it just means DWP haven't yet responded yet. What makes you think it means he hasn't won?cornish_donkey wrote: »Thanks for the replies. I know this means means my husband hasn’t won his case. I have copied everything I have including a copy of the PIP medical assessment so hopefully his case won’t be postponed or pushed to the back of the queue.
Have you read any of the links posted above? Backlogs are huge anyway so yes he'll most likely have a very long wait for a hearing date.0 -
poppy12345 wrote: »No, it doesn't mean he hasn't won, it just means DWP haven't yet responded yet. What makes you think it means he hasn't won?.
I think Cornish donkey may have phrased her previous post poorly. I think, from previous posts, that when she says “I know this means my husband hasn’t won his case” she may have meant “I know this doesn’t mean my husband has won his case”.Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.0
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