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PIP Tribunal No response from the DWP

14 replies

dancingthroughthedark · 01/04/2019 16:37

Is this a thing ? I first applied for PIP a year ago. Was turned down with some points and again at MR but with a few more added . Applied for tribunal last October. Recently received a letter saying DWP had not responded and had been sent a letter saying they must within 7 days. As its now 19 days on and I still haven't received their response I am guessing its not coming and I have been directed to send copies of everything I have direct to the court. Fortunately I kept copies of everything so I can do this. Anyone know what happens now? Is a decision made purely on what I provide? Are they stalling in the hope I give up?

OP posts:
PerkingFaintly · 01/04/2019 16:45

I don't know, but bumping this for you.

My guess would be that the tribunal goes ahead on what you provide.

NB I had some brilliant advise on another recent thread, viz to provide the tribunal with proof of ESA (ESA85 document) if you're receiving it, and of any previous awards of DLA.

V helpful thread here:
To ask for help with PIP descriptors and regulations?
www.mumsnet.com/Talk/am_i_being_unreasonable/3497761-To-ask-for-help-with-PIP-descriptors-and-regulations

The DWP is so incompetent the failure to respond may not be intentional...

PerkingFaintly · 01/04/2019 21:35

Little bump, in case someone more knowledgeable comes along.

QuaintDuck · 01/04/2019 21:39

Hi OP

I sit on PIP tribunals.

So the DWP have been asked to make their reasons known.

They haven't.

It'll go before a case manager or judge & you'll receive a directions notice stating a PO from DWP must attend & tribunal will be held on X date, X time at X venue.

A PO rarely attends even when court directed & a hearing will go ahead in absence of their reasons

Interested in this thread?

Then you might like threads about this subject:

QuaintDuck · 01/04/2019 21:41

OR you will receive a letter from DWP saying they have "looked at your claim again and awarded further points under an PA6" a PA6 is a further examination of your claim by a disability analyst

dancingthroughthedark · 02/04/2019 07:50

@QuaintDuck Thank you for your advice. Can you tell me how a decision is made with just the evidence I can provide? This whole thing is making me so anxious now and I really get why so many people don't take it the whole way. I am unable to attend any hearing as one of my main issues is severe agoraphobia so the tribunal is to be paper based.

OP posts:
fleshmarketclose · 02/04/2019 07:58

DWP didn't respond either but somebody did turn up on the day. He had never even seen ds's file and had no case so it was a waste of time tbh and Tribunal panel were more than unhappy with his stumbling and flicking through the file and being unable to answer any questions. Ds went from having no points to panel stopping when they had given him enough for enhanced daily living and mobility.

QuaintDuck · 02/04/2019 11:41

Hi OP

The DWP only provide a statement saying something along the lines of "Ms X was not awarded points for X as she was seen to pick up her handbag at assessment/can drive etc"

Honestly don't worry.

If you're paper based your case will be listed as a paper hearing, tribunal will have the bundle as they would an attended hearing. So your next decision notice will say as I said above but with something along the lines of "the appellant will not be in attendance and a decision shall be made in their absence"

Paper based decisions are typical of agoraphobia diagnoses so don't think it's something we haven't dealt with before.

Now is the time to submit any FME (further medical evidence) so Dr's appointments? Would they demonstrate that the Dr visits you?

QuaintDuck · 02/04/2019 11:44

@PerkingFaintly I thought that sounded similar and I realised I'm McNeat 😂

PerkingFaintly · 02/04/2019 11:58

I wondered if you were!

I must update that thread – with my repeated and copious thanks to you! ThanksThanksThanks

Good result...

dancingthroughthedark · 02/04/2019 13:04

Thank you for your help. I am not hopeful despite a mound of evidence that all my medical appointments are at my home or on the phone and that a necessary hospital trip had taken 5 separate attempts to get me there the assessor insisted that as I was well dressed and intelligent it was unlikely I had any mental health issues. My assessment was at home with my son in attendance and the report says I was alone. I just don't know how they get away with the lies. A friend is about to post off my 104 pages of copies of stuff so I shall await what happens next!

OP posts:
PerkingFaintly · 02/04/2019 13:13

Lots of good luck, dancing.

I had low expectations for mine, too, but the Tribunal awarded 12 points for mobility.

When I mentioned the assessor had told outright lies, the panel didn't say anything but one smiled and nodded! So clearly this wasn't a surprise...

WellThisIsShit · 02/04/2019 14:25

Having had the opportunity to sit in on a days tribunals, I came away with the extremely* strong impression that the panel were the first and last point in the process where truly fair and just expert decision making was done.

It was a couple of years ago and I hope it hadn’t changed too much with the pressures on the system now - Quaint what do you think? Am interested to know...

I suspect the high standard of fairness and clear thinking hadn’t changed much, because their loyalty isn’t to the individual government policy or party of the moment, and they don’t bow down to pressure from targets or a culture of demonising the disabled.

They also don’t belong to any of the company’s that pip assessment centres have been farmed out to.

They exist as part of the judiciary really - so they are about the law, which is about facts, evidence and analysis, and therefore much less easily swayed.

I suspect for many pip applicants the tribunal is the first taste of respect, courtesy and well, justice!

I would have a little more hope, if you can? Though I know how hard it is to feel anything other than flattened by this whole experience so far. But, if you genuinely think you have a case, they will try to be fair. They won’t try and trip you up, and start from an assumption of guilt and prejudice in the way that the pip assessments are known for.

If you can give them all the information and evidence you possibly can, then theyll be looking to understand your situation. They are used to large bundles of papers, so don’t worry about overwhelming them! Just ensure you haven’t got completely irrelevant stuff in there.

Yes, they will be tough, they are very analytical, and look at every angle to find the truth of how your disability stacks up against the pip rules and points system, they won’t just throw on a few points because they’re kind or anything like that (!)... but they will be open to your side, and they will also be able to see through all the bluster and noise from the other side.

It’s a shame people are cowed and bullied into giving up before they get to this stage, so it’s great you’ve managed to get through to it.

*I was deciding whether to go for the position of disability expert on tribunal panels, sadly realised my health wasn’t up to it. I’m still on DLA and privately terrified of the pip assessment which will happen at some point. I will have to take my own advice and keep pushing through to tribunal if needs be.

QuaintDuck · 02/04/2019 14:30

@WellThisIsShit I totally agree. My position is to gather factual evidence and apply the law. I like to think all appellants who I see walk away knowing they've been listened to even if they don't get the award they want.

Babyroobs · 31/08/2019 17:05

QuaintDuck - Do you mind me asking what qualifications you need to sit on one of these tribunal panels ?

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