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pip waiting times for tribunal

alisha22alisha22 Posts: 199Member Talkative
Does anyone know how long before you hear from the pip appeal tribunal. I sent my application and submissions in Feb 2018.

Replies

  • susan48susan48 Posts: 2,090Member Brian Blessed
    @alisha22, I think it depends where you are in the country, you could call the tribunal services and ask aprox time scales.

    Waiting it difficult, hope it’s soon for you 
  • Chloe_ScopeChloe_Scope Posts: 1,368Member Chatterbox
    Hi @alisha22, unfortunately some people have been waiting up to a year for their tribunal date- there is a big backlog at the moment. I hope it is soon! I wish you the very best of luck and please do keep us updated!
  • alisha22alisha22 Posts: 199Member Talkative
    Thanks chloe, I rang the tribunal courts today and was told I'm looking at November this year now, so sounds about right as I submitted my forms in February this year. Will keep you all posted.
  • alisha22alisha22 Posts: 199Member Talkative
    Hello guys, well today I have received a letter from dwp regarding pip saying they have all the information they need regarding my award for pip. They said they will write to me when a decision is made. I thought I was waiting for a tribunal date so can anyone tell me if this has happened to anyone else and is it normal to make a decision without an face to face assessment as I originally thought.
  • alisha22alisha22 Posts: 199Member Talkative
    sorry I forgot to mention I rang them up and was told sometimes they can make a decision like this.
  • Chloe_ScopeChloe_Scope Posts: 1,368Member Chatterbox
    Glad to hear it is moving forward. I hope you get some answers soon!
  • alisha22alisha22 Posts: 199Member Talkative
    Awwwww thanks chloe but I'm not so positive as I thought having a face to face would be good so I could get my point across etc.
  • alisha22alisha22 Posts: 199Member Talkative
    Would like to hear from people who have had decision made without the tribunal hearing for pip.
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    Sometimes when a claimant is waiting for Tribunal hearing the DWP can change their minds and offer them a higher award. It's rare but it can and does happen. It sounds like this may happen to you. If they do offer you a higher award, if you're not happy with the offer then you can still refuse and continue with the Tribunal. If you are happy with it and decide to accept the offer then you'll need to contact the Tribunal and tell them.

    Just so you know though that a Tribunal isn't like a face 2 face assessment. It's a room with a judge, DR and sometimes a DWP representative. Questions will be asked about how you're conditions affect you, so it's similar to an assessment but with a few more people.
  • YadnadYadnad Posts: 2,454Member Brian Blessed
    alisha22 said:
     I thought having a face to face would be good so I could get my point across etc.
    You could sell that joke to any number of comedians!!.
  • YadnadYadnad Posts: 2,454Member Brian Blessed
    edited August 2018
    alisha22 said:
    Would like to hear from people who have had decision made without the tribunal hearing for pip.
    I didn't have to actually attend any appeal hearing as only days before it was due to start the DWP decided to accept my evidence and offered me Enhanced Mobility & Care from the original zero points.
    They did the same two years later when I had a review.
    And again earlier this year when I had my third review - except this time I didn't bother to argue with them and closed my claim as I had had enough.
  • alisha22alisha22 Posts: 199Member Talkative
    Thanks poppy I feel a little hopefull now. I have fresh evidence to send but unsure who to send it to. 
  • alisha22alisha22 Posts: 199Member Talkative
    Can the dwp have more power than the tribunal courts then?  I assumed the courts made the decision not dwp who was the original people who denied me my pip award and went with the assessor's lies instead.
  • YadnadYadnad Posts: 2,454Member Brian Blessed
    alisha22 said:
    Can the dwp have more power than the tribunal courts then?  I assumed the courts made the decision not dwp who was the original people who denied me my pip award and went with the assessor's lies instead.
    If it actually gets to a tribunal hearing the court does over rule the DWP.

  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    Well it's not about that if the DWP decide to offer you a higher award and you're happy with it then accept the offer, if not continue with the Tribunal. If the offer you an award then it just means that DWP have realised that an award should have been given in the first place.

    I'd hold onto the evidence for now because if they offer you an award and you accept it the evidence won't be needed. If you continue with the Tribunal then you'll need to send it there to arrive no later than 10 days before the hearing.
  • YadnadYadnad Posts: 2,454Member Brian Blessed
    If the offer you an award then it just means that DWP have realised that an award should have been given in the first place.  
    If that is the case why bother with a phone call, why not do the right thing and change the decision?
    It just doesn't make any sense unless, and as I have said before, it is a way that the DWP use to 'negotiate' a settlement irrespective of what you are genuinely entitled to.
  • alisha22alisha22 Posts: 199Member Talkative
    I'm so sorry for the silly questions only I'm new to this. So if I don't accept the dwp offer, that is im offered one, can I continue with a tribunal hearing the. Say dwp say we sorry we still sticking with the zero points what then! !!
  • alisha22alisha22 Posts: 199Member Talkative
    Also how long before I do get a decision as I only got the letter today from dwp saying they have all the information needed.
  • LindaannLindaann Posts: 40Member Whisperer
    My daughter has sent letters of support from her consultant and from her pain managmnt team so hopefully she wont have to go to court !  I have heard that some people have actually turned up at court only to be told that they have been awarded it so didnt need to go in ... why the hell treat vulnerable people like this ...
  • justg72justg72 Posts: 140Member Chatterbox
    alisha22
    I went to see a benefit advisor this week about my PIP tribunal and he looked at my tribunal paperwork he said that I had a good case and he would be very surprised if I did not win. He also mentioned DWP contacting people before their tribunal with a new offer regarding their PIP, I asked him why are they doing this and he said that if you have a strong case and they believe that you are going win they would rather make you an offer instead of you going to a tribunal because it will save them money in the long run. What gets me is how vulnerable disabled people are being treated its disgusting what they are doing to people. I have been so stressed out with all this and I am now waiting for a tribunal date. Good luck with your PIP xx 
  • noluckatallnoluckatall Posts: 9Member Listener
    Hi all I have been waiting 47 weeks for a tribunal date and I am very worried any advice would be appreciated
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    Hi all I have been waiting 47 weeks for a tribunal date and I am very worried any advice would be appreciated
    Some areas have back logs as long as 1 year and more. Ring them and ask approximately how much longer it will be and they'll tell you.
  • LindaannLindaann Posts: 40Member Whisperer
    There is a very long wait for this ... my daughter waited around 11 mnths for hers ...its the waiting thats awful ! Hope youre sorted soon x
  • alisha22alisha22 Posts: 199Member Talkative
    Hi I was waiting 6 months then got a offer from the dwp, I accepted which I regret as I was offered the standard rate and I know i should of got the enchached rate. Anyways so I'm not sure had they not got in touch how much longer I would of had to wait.
  • alisha22alisha22 Posts: 199Member Talkative
    If you are still waiting then I suggest you ring them and they may give you an idea as to the time scale for your daughter.
  • noluckatallnoluckatall Posts: 9Member Listener
    alisha22 said:
    If you are still waiting then I suggest you ring them and they may give you an idea as to the time scale for your daughter.
    I have phoned them twice and they've said I've had to wait extra weeks really at end of my tether as struggling to survive on what I get from esa
  • noluckatallnoluckatall Posts: 9Member Listener
    alisha22 said:
    Hi I was waiting 6 months then got a offer from the dwp, I accepted which I regret as I was offered the standard rate and I know i should of got the enchached rate. Anyways so I'm not sure had they not got in touch how much longer I would of had to wait.
    Did they ring you or write to you about this
  • alisha22alisha22 Posts: 199Member Talkative
    Dwp just wrote about what I was getting and from when. And that I was on both standard mobility and living.
  • alisha22alisha22 Posts: 199Member Talkative
    I'm so sorry to hear you are struggling but please hang in there. I have this feeling dwp will ring you soon to offer you an award, they will do anything to stop you going to tribunal if that's what you're waiting to hear from I take it.
  • noluckatallnoluckatall Posts: 9Member Listener
     alisha22 said:
    I'm so sorry to hear you are struggling but please hang in there. I have this feeling dwp will ring you soon to offer you an award, they will do anything to stop you going to tribunal if that's what you're waiting to hear from I take it.
    I'm waiting on tribunal date to even go to and hopefully they do I didn't no they did this
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    It's rare for DWP to offer an award before a Tribunal hearing so please don't hold your hopes out for this happen. Focus on the Tribunal and any extra evidence you need to send and make sure it's sent ASAP.
  • GeraldGerald Posts: 11Member Listener
    alisha22 said:
    Does anyone know how long before you hear from the pip appeal tribunal. I sent my application and submissions in Feb 2018.
    Me to with back In Feb 2018 I got you will be seen in 2 months at that time I got on to them and got its now its 35 to 37 weeks so at the end of Nov 2018 got on to them once more and got ring back Jan 2019 which I did today and got this june to july and asked if that was it and got this off them we will see ring back about that time that's how it is in the north west around manchester if that help.
  • alisha22alisha22 Posts: 199Member Talkative
    I'm hearing that it's very rare dwp offer an award before tribunal but I've had a few people it's happened to including myself. Many cases are successful at the tribunal which looks bad on the dwp so that's why they try their best to stop you going and offer you the award. You can however refuse the offer and proceed with the tribunal which I wish I did. 
  • noluckatallnoluckatall Posts: 9Member Listener
    alisha22 said:
    I'm hearing that it's very rare dwp offer an award before tribunal but I've had a few people it's happened to including myself. Many cases are successful at the tribunal which looks bad on the dwp so that's why they try their best to stop you going and offer you the award. You can however refuse the offer and proceed with the tribunal which I wish I did.


    Many thanks for this info had a lot of withheld numbers ring me recently so hopefully I could be in luck will keep you all posted
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    edited January 8
    DWP don't ring from a withheld number. they never have when they've rang me.
  • alisha22alisha22 Posts: 199Member Talkative
    Let us know how you get on. 
  • YadnadYadnad Posts: 2,454Member Brian Blessed
    DWP don't ring from a withheld number. they never have when they've rang me.
    Even so, many people have all calls blocked if they are not on an approved list given by the customer.
    I always have a problem even with a friend's phone. My landline number is not on his approved list of numbers he will accept a call from. I have to ring him using a mobile to his mobile.

    In my case no government depart has access to either my landline or mobile numbers or even my email accounts - any communication intended has to be in a written format.
  • alisha22alisha22 Posts: 199Member Talkative
    Can anyone tell me my 18months is coming to an end this March regarding the esa support group for mental health problems, will I have to go to a f2f and fill lots of forms and gather evidence etc. I'm still under the chmt mental health team and have been appointed a CPN.
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    You can be re-assessed at anytime for ESA. Your payments won't stop when your time ends. The time they give you is just a guide, some go over and others are contacted earlier. You most likely won't know until the ESA50 form comes through your door. When it does, expect another face to face assessment as most have them. Evidence will be needed to support your claim.
  • alisha22alisha22 Posts: 199Member Talkative
    What kinda evidence do you give for mental health, I find it difficult as it is then to worry as to how to provide evidence for this unseen not talked about health.
  • alisha22alisha22 Posts: 199Member Talkative
    I'm currently still under the mental health team and my cpn comes to my home from time to time. Not sure what dwp need. All I was told that when u reassessed for mental health and are in the support group you will only get a questionnaire to fill.
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    When it's time for you to be re-assessed you'll be sent the work capability assessment form, known as the ESA50. The evidence you need will be something that proves how your conditions affect you. Knowing the reasons why you were previously placed into the Support Group will help, then you'll be able to concentrate on this when filling out the form.
  • noluckatallnoluckatall Posts: 9Member Listener
    Well today's the day I received my tribunal date in post date is for February....relieved is an understatement will keep youse posted 
  • alisha22alisha22 Posts: 199Member Talkative
    I'm glad you got your date, just prepare yourself and fight your corner. I wouldn't be surprised if in meantime dwp ring you thou. Keep us posted please.
  • alisha22alisha22 Posts: 199Member Talkative
    Thanks poppt123456 for your kind advice regarding the reassessment for esa support group I'm in. I requested the from dwp the form that they based decision on and when I read it they gave me 15 points for the mental health. 0 points for everything else whereby with pip I was ready for tribunal but dwp rang up with an offer. They decided that I could only walk so far etc etc. What I doubt understand is how does that work then. Dwp on one hand giving me 0points for other health problems yet decided to award me than just gave me esa support group for the mental health. I'm so confused.
  • noluckatallnoluckatall Posts: 9Member Listener
    alisha22 said:
    I'm glad you got your date, just prepare yourself and fight your corner. I wouldn't be surprised if in meantime dwp ring you thou. Keep us posted please.
    I will do I've never heard of dwp ringing to make an offer but if they do I will be happy  but will be telling them I'll see u in court waited 2 long for me to give into them 
  • alisha22alisha22 Posts: 199Member Talkative
    Good for you, I only wish I was patient enough to go all the way, but was so drained I just accepted.
  • noluckatallnoluckatall Posts: 9Member Listener
    alisha22 said:
    Good for you, I only wish I was patient enough to go all the way, but was so drained I just accepted.
    I'm the same mentally and physically drained I've never heard of dwp ringing to make an offer tho
  • GeraldGerald Posts: 11Member Listener
    Well today's the day I received my tribunal date in post date is for February....relieved is an understatement will keep youse posted 
    Good one as for me still getting the run a round as to a date for my tribunal date from FEB 2018 now its Jan 2019 and the last thing I got was ring back in june to july thanks DWP and PIP Assessment team from ATOS for your lies one thing keepping me going is what goes around comes around one day you will find this out have fun on that day.
  • alisha22alisha22 Posts: 199Member Talkative
    Dwp do ring, they asked my details etc and then said we are offering you both standard rate for mobility and living. She also went on to inform me if was not obliged to accept however if I proceed with the tribunal and it did not go my way I could loose the standard rate I was offered, so could I afford risking that. It was a lengthy telephone call and I did accept out of fear really. I was new to this but having spoken to few people they said dwp would do anything to prevent you from going to the tribunal and making them look like idiots. All of a sudden out of thin air I got points and now can be awarded something. I swear the system stinks.
  • YadnadYadnad Posts: 2,454Member Brian Blessed
    alisha22 said:
    She also went on to inform me if was not obliged to accept however if I proceed with the tribunal and it did not go my way I could loose the standard rate I was offered, so could I afford risking that. It was a lengthy telephone call and I did accept out of fear really.
    DWP 1 Claimant 0
    What a cheek - if only the DWP were open and honest they might get a little more respect.
    All they managed to do was to put enough fear in you that you would agree to it.
    Any offer such as that should always be taken up. They might suggest that you have to forego your appeal to accept it. Wrong. There is absolutely no reason when after getting the decision notice you continue with your appeal. 
    When you get to the Tribunal they will inform you if they think the offer you have accepted is in danger of being lost. At that time you are well within your rights to pull out of the appeal and lose nothing. 
  • alisha22alisha22 Posts: 199Member Talkative
    You see in was not aware of any of this. I had no support really so I just accepted thinking it was better than nothing. I since got some advice and judging by what I told them about how my condition affects me, I was advised if I had gone thru tribunal I would without a doubt got both the enhanced rates. My review is in November 2019 so will challenge it then if I can that is.
  • alisha22alisha22 Posts: 199Member Talkative
    Hi all, just gotmy esa questionnaireform for my review, it's been 18months since I've been on esa in the support group. I  was put in the support group  because of my mental health. Nothing has reallychanged still on endless medication. Will my cpn help me fill in the form and if need be come with me to the f2f assessment. Will cpns write a support letter on my your behalf. My medication either leaves me groggy, in morning and knocks me out at night time and antidepressants just leave me in a confused state at times. Not sure what information to send with form or can I say nothing has changed.

  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    Hi,

    Don't just say nothing has changed because this won't help your claim. As with a PIP claim you need to put as much information as possible about how your conditions affect you. Remember you're being assessed for the work you can do. The more information you put the better.

    Yes, you can ask your CPN for a letter of support if they will do that. Send any other evidence you have with the form.

    You must return the form no later than the date stated on the letter, failure to return it could see you being found fit for work.

    Good luck.
  • alisha22alisha22 Posts: 199Member Talkative
    Thanks poppy, will  my cpn accompany me to the assessment do you think. I've got few letters and my doctor from the mental health team did the prescription for me and the diagnosis, so would that do. Dwp already have the previous evidence as it's hard nowadays to get letters from doctors etc. I've got appointment letters etc.
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    No problem. I have no idea if your CPN will attend the assessment with you, you'll need to ask them that yourself.

    The prescription print out and diagnosis is ok but this doesn't tell them anything about how your conditions affect you. Don't rely on them using any previous evidence you sent because it may not happen. You should always make sure you send any relevant evidence to support your claim for each review you have.

    Future appointment letters aren't classed as evidence because again this doesn't tell them anything about how your conditions affect you.

    As you were placed into the Support Group because of your mental health then reg 35 most likely applies to you. See link.

  • noluckatallnoluckatall Posts: 9Member Listener
    Hi all I have my tribunal next month any advice would be appreciated
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    Hi all I have my tribunal next month any advice would be appreciated
    Hi,


    Good luck.

  • LindaannLindaann Posts: 40Member Whisperer
    Send in as much information as you can ... any letters off people that know you and how your illness affects your day to day life ie friends parent siblings .no makeup on the day xxx
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    If you always wear makeup then why wouldn't you wear it on the day of your hearing? I'm sorry but that's the worst advice you can give. You should always dress how you always dress and not pretend to be something you're not. Don't dress down, is my advice and just be yourself.
  • LindaannLindaann Posts: 40Member Whisperer
    Sorry but it isnt wrong for me to tell you this !!! At my daughter original face to face it was commented on how she was well presented ... from a lady that worked for the ca she said no makeup ... when youre having your worst day would you put your makeup on ? That would be the last thing on my mind ... make up! Then it depends on your illness ... if its not due to chronic pain then fair enough! You asked advice ... i was going off our experience ...
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    Claiming PIP isn't about your worst day, it's how you're affected 50% of the time. When going to assessments and Tribunals, you should always dress the way you always do.
  • LindaannLindaann Posts: 40Member Whisperer
    When they ask you questions they should ask on your worst DAY ... my daughter was having a bad day when she went so it didnt really matter but if you look up on tribunal they tell you to dress down ! If youre asking for advice why throw it back ?
    Have you done one before ? If you havnt then why not take advice from those who have...they dont ask how do you feel half of the time ... there are tricky questions to answer ... as you will find out for yourself ! 
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    I wasn't the person asking for advice, someone else was. They don't ask you questions based on your worst day because that's not what PIP is about. They ask you questions about how your conditions affect you. As i advised, PIP is about how you are 50% of the time.
  • LindaannLindaann Posts: 40Member Whisperer
    Where have you got that advice from ? My daughter can have days where she cant do anything due to pain...she has better days but not good days as she always struggles ...they dont ask based on 50% of the time they ask how you manage to do certain things ... on the day you go and you are perfectly good and well then it makes the discision more difficult ! There's lots of advice that say if you cant walk 200 metres a couple of times a day on your worst day without causing pain then it should be taken that you cant do it ! This is what i have read on C A ...
  • alisha22alisha22 Posts: 199Member Talkative
    my cpn is writing a support letter for me regarding my esa review form to fill in. I'm currently in the esa support group for mental health, nothing has improved but I now have a cpn and still with under the mental health team. I hope dwp are satisfied with this and don't harass me even more.
  • LindaannLindaann Posts: 40Member Whisperer
    Good luck love xx
  • poppy123456poppy123456 Posts: 5,750Member, Community champion Brian Blessed
    See link and scroll down to time periods, fluctuations and descriptor choices. From 2.1.8 of this guide states this.

    2.1.8 A scoring descriptor can apply to claimants in an activity where their impairment(s) affects their ability to complete an activity, at some stage of the day, on more than 50 per cent of days in the 12 month period. The following rules apply.

    2.1.9 If one descriptor in an activity is likely to apply on more than 50 per cent of the days in the 12 month period – i.e. the activity can be completed in the way described on more than 50 per cent of days – then that descriptor should be chosen.

    2.1.10 If 2 or more descriptors in an activity are likely to apply on more than 50 per cent of the days in the period then the descriptor chosen should be the one which is the highest scoring.

    Guide here.


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