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PIP Appeal query
- Cass12345
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6 years 11 months ago #188174 by Cass12345
PIP Appeal query was created by Cass12345
if someone cant attend the appeal eg they are too anxious and they write to the tribunal a few days before and ask them instead to decide on the papers, how long would it take roughly for a decision? And would the decision on the papers be appealable? im asking for a friend who has an appeal coming up but she is too anxious and stressed to go through with it. If she lets them decide on the papers and it's negative, would she be better off starting with a fresh application?
Also, how long after the appeal is it before you can apply afresh for PIP? Does 6 months start from the date of the original application or date of the appeal decision? Thank you.
Also, how long after the appeal is it before you can apply afresh for PIP? Does 6 months start from the date of the original application or date of the appeal decision? Thank you.
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- Gordon
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6 years 11 months ago #188183 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal query
Cass
If they are going to switch to a Paper hearing then they need to do it as soon as possible as it may mean that the original scheduled hearing can still go ahead. They need to make sure that all of their papers are with the Tribunal Service before they change to a Paper hearing.
If they can use the original slot then they will receive the result 3-4 days later. If not, then there is no way to know how long it will be as the claimant will not be notified of when the hearing will be, just the result.
The Decision will be as appealable as one from a hearing that you attended, in as much that you can do so if you can show that there was an Error of Law in the making of the Decision. You cannot appeal the Decision because you do not agree with the result.
Your friend can make a new claim for PIP immediately there is no waiting time.
Gordon
If they are going to switch to a Paper hearing then they need to do it as soon as possible as it may mean that the original scheduled hearing can still go ahead. They need to make sure that all of their papers are with the Tribunal Service before they change to a Paper hearing.
If they can use the original slot then they will receive the result 3-4 days later. If not, then there is no way to know how long it will be as the claimant will not be notified of when the hearing will be, just the result.
The Decision will be as appealable as one from a hearing that you attended, in as much that you can do so if you can show that there was an Error of Law in the making of the Decision. You cannot appeal the Decision because you do not agree with the result.
Your friend can make a new claim for PIP immediately there is no waiting time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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