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Tribunal postponed AGAIN!

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6 years 6 months ago #209040 by Recluso
Tribunal postponed AGAIN! was created by Recluso
Sorry in advance as this may come across a bit ranty.

I was initially due to have my tribunal at the end of January and then the day before, the court clerk contacted us to say that due to some "vital information" still being required from the DWP that they would have to postpone the tribunal. Fast forward to today and exactly the same has happened again! I was supposed to have my tribunal tomorrow and now the court says they are issuing an action to have the required details by a certain date.

I know it's not the court's fault if DWP haven't sent what they have been asked for. "Vital information" sounds fairly serious but the clerk couldn't give me any indication as to what this was referring to so that will be another thing to stress over.

From when I applied for my DLA to PIP switchover this whole debacle has now taken a year to sort out and it doesn't feel like I'm any closer to resolving it. Each time I've stressed myself out preparing for the tribunal day only to have to shut it all down again. It's starting to drive me crazy.

I know it's purely speculative but what sort of information could be so vital that a judge would postpone a tribunal not once, but twice?

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6 years 6 months ago #209041 by Gordon
Replied by Gordon on topic Tribunal postponed AGAIN!
Recluso

You've had the normal bundle of documents from the DWP?

There are a couple of things I can think of for ESA but nothing for PIP I'm afraid, they should copy you in on the communication to the DWP so you may get some clue when you receive this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 5 months ago #209609 by Recluso
Replied by Recluso on topic Tribunal postponed AGAIN!

Gordon wrote: Recluso

You've had the normal bundle of documents from the DWP?

There are a couple of things I can think of for ESA but nothing for PIP I'm afraid, they should copy you in on the communication to the DWP so you may get some clue when you receive this.

Gordon


Yes we received the tribunal pack with the PIP report and copy of my application etc.

The notice letter has been received today. The court has directed the DWP to provide a copy of all documentation relating to my previous DLA award and has also directed that they MUST send a presenting officer to the rescheduled tribunal and have been given 21 days to reply.

Any theories?

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6 years 5 months ago #209656 by Gordon
Replied by Gordon on topic Tribunal postponed AGAIN!
Recluso

While there is no obvious comparison between DLA Care awards and PIP Daily Living Ones, a DLA Higher Rate Mobility award is reasonably the same as a PIP Standard Mobility award, so Tribunals are now asking to see the information from previous DLA awards to see whether there has actually been an improvement in the claimants mobility.

Gordon

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6 years 5 months ago - 6 years 5 months ago #209657 by Gordon
Replied by Gordon on topic Tribunal postponed AGAIN!
Recluso

While there is no obvious comparison between DLA Care awards and PIP Daily Living Ones, a DLA Higher Rate Mobility award is reasonably the same as a PIP Standard Mobility award, so Tribunals are now asking to see the information from previous DLA awards to see whether there has actually been an improvement in the claimants mobility.

They may be doing it for care awards as well but as I said the case is less clear.


Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 5 months ago by Gordon.
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6 years 5 months ago #210540 by Recluso
Replied by Recluso on topic Update: Tribunal won!
So the panel cleared the entire afternoon for my hearing and after a little under 2 hours the panel came to a decision:

Enhanced Daily Living (previously awarded 2 points)
Standard Mobility (previously awarded 0 points)

Both awarded for 5 years.

I went armed to the teeth with all of my paperwork and after a YEAR of stress and indecision and back and forthing, it looks like this might finally be over.

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