PIP, DLA and AA
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PIP appeal

morganascatmorganascat Member Posts: 5 Listener
edited February 12 in PIP, DLA and AA
I'm appealing my PIP and have already been to tribunal once. It was adjourned to get more info. The problem I have is, one of the panel I feel, had it in for me. That one person really had a go at me and picked on me about things that had nothing to do with my PIP claim or appeal. I really  don't think I could face another 'trial' like that again. I have since been informed that the DWP is involved. I have been told recently that my appeal, which at the start I was informed was simple, is now going to go the other way, if I dont drop the case. No one is saying why though. I have now got my date for the new appeal but I'm now a nervous mess. I've been told to have it in my absence so I asked for this. Only now to be told that I shouldn't have done that and I will definitely have my points reduced. Or worse. Its made me really ill. 

Replies

  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    HI and welcome,

    I'm one of the community champions here on scope and i'm here to help and advise others.

    Appearing in person will definitely give you the best chance of a decision in your favour. I would definitely recommend for you to do this and not ask for a paper hearing. Those that have paper decisions only have between 5-8% chance of success, against about 50% of those that appear in person without representation.

    DWP will always be involved with a Tribunal case because they are contesting the appeal, although a DWP rep isn't always present on the day of the hearing.

    If you already have an award in place and HMCTS plan on reducing the points you may already have then they must warn you before they do this. They will either write to you before the day of the hearing or they will warn you on the day, This will then give you chance to decide whether you want to carry on or cancel the appeal and take the award you already have. If it's done on the day then the hearing will be adjourned so you can have time to make that decision. Were you warned about a reduction in points during the last hearing? Or was it adjourned for a different reason?

    Are you also receiving any help from an advice agency with this?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • morganascatmorganascat Member Posts: 5 Listener
    I dont know if I have enough time now to ask for a hearing in person. I am receiving advice, if you can call it that. They are the ones who told me to have it, I quote 'heard in my absence on paper' after explaining I cant face the horrendous way I was treated by the 1 panel member. They keep saying that I'm unlikely to win because I have been flagged up and a warning given,  but wont, or cant give me any clue as to what all that means and they're saying that they don't know what is going on,  only implying the DWP has some evidence of something that can be used to have my points reduced or removed. They say things like "we'll help you with the points but the DWP might....." then the next thing they're saying is we might be able to get you one point but you could end up losing 3. The panel did inform me that I could have my money increased,  decreased or stay the same. The reason for the adjournment was for 'sight of the previous DLA papers and info about my health problems. 
    I sent in proof of my previous DLA and records from the specialist they wanted. It's now gone crazy and looks like my claim for extra point has been forgotten all over something DWP are going on about. Again something I dont know about. 
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    If you’ve had a warning that you could lose everything you already have then you need to think very carefully what you want to do. 

    Everything that HMCTS has been sent you have a copy of in the bundle. There’s very likely a contradiction of evidence somewhere in that bundle and this is most likely why they are asking questions and asking for more evidence. What you need to do is take your bundle to someone for them to have a good look through everything.

    You can ask to appear in person by contacting HMCTS. If you’re going to continue and risk losing points then you really need to appear in person. The panel you have will not be the same one as last time. 

    I realise you’re transferring from DLA so please be aware that they are totally different benefits with different criteria. 

    What ever you decide to do, good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • morganascatmorganascat Member Posts: 5 Listener
    Thankyou. I already have someone who is supposed to be helping me. All they will tell me is there's about a 50/50 chance either way. How long do I have to let the tribunal know ive changed my mind and want to appear in person. I need a new adviser.  Desperately. 
    Thanks again. 
    P.S. they're saying ....you have already been put on notice....but wont elaborate. Does this mean it was when they said about the change either up or down? Do they tell this to everyone who goes to appeal tribunal?
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    If you want to appear in person then you need to tell them ASAP and don't delay this. No, not everyone is told they have a 50/50 chance it will go either way by the panel. I agree about the new adviser.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • morganascatmorganascat Member Posts: 5 Listener
    Thanks poppy. New advisor being sorted. Will see what's advised and act accordingly. 
  • morganascatmorganascat Member Posts: 5 Listener
    Hi again.
    Just letting you know that I've now cancelled my appeal. I feel as if ive been put through the wringers just of late, and my health has really suffered for it. I now feel as if a great weight has been lifted. 
    Thanks for your advice.  I'm very grateful. 
  • Chloe_ScopeChloe_Scope Administrator Posts: 7,680 Scope community team
    Hi @morganascat and a very warm welcome to the community! Thank you for taking the time to update us. I appreciate how difficult it can be to go through with an appeal. I'm glad a weight has been lifted and I wish you all the best!

    Please feel free to have a look round the community and join in with anything that interests you. :)
    Community Partner
    Scope
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