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Appeal to the tribunal

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7 years 1 month ago #181779 by star
Appeal to the tribunal was created by star
Hi,
I was getting DLA middle rate care & higher rate mobility then was invited to apply for pip. I sent in my pip application with a lot of extra information and after a few weeks received a letter saying as I'd not sent the information in time I was not awarded anything. My DLA would stop and my car wouldn't be taxed.
I phoned and said I had proof that my application arrived in time as I'd paid for nx day signed and it got there before it was due.

I was told they received my claim form but it was missing any information. I knew this wasn't right but was getting nowhere so I ended the call and phoned again the next day and spoke to somebody else who said exactly the same thing as I'd been told the previous day.

It was making no sense and I was beginning to dispair. The person I spoke to said he had my application in front of him so I said, if you have my application, you must have my added information.
All sorts of thoughts were going through my head as the information I'd provided was highly personal & private and I was beginning to wonder who might be reading it.

He then said, ah, I've found the information, it is with the application!
So I said right, so I know you received it in time and it's your mistake for not looking properly, can this decision of no award be changed?
No, he said.
I said, but it's your mistake, I got it all in on time!
He said he'd ask a decision maker to take another look and I'd hear from them in a few weeks.

I felt physically sick with worry, fright, dispair, all sorts of emotions.
I rang them several times trying to find out what was happening. They told me my money had been stopped and my car wasn't taxed so for weeks I was in a hell of a state and didn't know what to do.

I then get my brown envelope and it said it was a mandatory reconsideration and I'd been awarded standard daily living and enhanced mobility.
It was a huge relief but I knew I qualified for enhanced both activities.

After about a week I decided if it kills me I'm going to appeal, so again it took me ages reading the advice on here and appealing and my husband posted it on Monday, way before the deadline.

Long breathe,...... What I'd like to know is, has anybody got any idea how long before I'll hear anything. I requested a paper hearing as I'm just not well enough to attend. I know 'by paper,' isn't the best way to appeal but it was that or nothing as I'm not well enough to fight any other way!

And also, I don't feel they've handled my case fairly or probably not even legally!
Anyone have any comments please!

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7 years 1 month ago #181793 by Gordon
Replied by Gordon on topic Appeal to the tribunal
star

Paper hearings are held when there are gaps in the Tribunals schedules so it could be quick or slow. It won't be heard any earlier than one month after the date on the DWP's submission, which I assume that you have received.

If you phone the Tribunal venue they may be able to give you a better idea.

Your problems with the form being received and your challenging the award are two separate things. From your post, the DWP admitted the problem (eventually) and were able to make an award without your being required to attend a face to face.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 1 month ago #181806 by star
Replied by star on topic Appeal to the tribunal
Hello Gordon,
Many thanks for your reply!

I forgot to add that I had a home assessment as well which went ok but when you're able to do something once in a day, they assume you can do it repeatedly all day long etc, etc.
That was my reason for challenging their decision which in my heart I know they've got wrong.

When you get an award, in some ways it's such a relief when like me, you rely on the income to live. To then challenge it really does take it out of you.

When I received DLA, I went to 3 different tribunals over the years and was never awarded it. I also had a benefits welfare adviser help me and go to each one with me but we still didn't win.
I then received a letter out of the blue saying they'd looked at my decision again and decided I should be awarded DLA. It was from a case manager. I'd never heard of the likes of it happening like that but that's how I was given DLA!

This time for Pip, I've done it by myself with masses of help & information from your website that without a doubt, was the reason for me getting the pip awarded.
Again, using information to help assist me, I've appealed.
I just felt certain they'd got it wrong & if I didn't challenge it, nobody else would help me!
That alone gave me the strength to go ahead.
It's a hell of a thing to do & go through when your not well or strong enough to fight and I can't quite believe I've done it!

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7 years 1 month ago #181809 by David
Replied by David on topic Appeal to the tribunal
Hi Star
Similar situation with my wife. I appealed based on the one hour snap shot of my wifes life not being indicative a typical day. Within two weeks we heard from the trbunal accepting the appeal. Currently awaiting the DWP bundle. I hope that things go well for you. :)
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