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PIP Appeal - Direction Notice Forcing oral hearing

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6 years 3 weeks ago #218558 by Maria F
My son has appealed for PIP and we have received a decision notice today from first tier tribunal. he had asked for a paper hearing as his anxiety is too great at 16 years to face attending an oral hearing. The Direction Notice states that no response has been received within 28 days from the secretary of state but now they have a further 3 weeks to submit a response. If they fail to do this, the case may be listed for an oral hearing without a Response, The tribunal may decide the appeal on the evidence before it and without a response and the secretary of state must arrange for apresenting office to be prsent at the hearing and bring with them a copy of the response and the file. For my son the direction states that an oral hearing may be needed if a response from the DWP is not provided, and that he will receive a notification of the hearing date and is strongly advised to attend or the appeal may be decided in his absence.
By not responding I will not receive the "bundle" of papers to check in advance and although my son has asked for a paper hearing, he may be forced to attend an oral hearing. So by not responding the DWP is not allowing us to see their response and check it in advance and is forcing my son to attend an oral hearing.

Additionally, it states the that "this decision is made a a Tribunal caseworker in exercise of specified by the Senior President of Tribuanals... and The party to who this decision is issued my witin 14 days of he date of issue apply in writing to the Tribunal for the decision to be considered afresh by a judge... what does this actually all mean. It seems that this is not following the process outlined in the PIP guide - does it mean the the decision will not be made by a panel initially but by a tribunal caseworker and then i can appeal again within 14 days. Please help as I a mum trying to support my son with autism and I am really confused now.

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6 years 2 weeks ago #218596 by Gordon
Maria

We see these letters irregularly, I do not know of one where the DWP has not responded, usually well within the extended time.

Whatever happens, the appeal will be heard by a properly convened panel and not by a caseworker.

Your son can still opt for a Paper hearing if he wishes but should wait to make a final Decision on this until (a) he knows what is happening with the DWP submission and (b) until his own submission has been received by the Tribunal Service.

An award will only be made by your son showing that he meets the criteria for one, so he/you need to concentrate on showing this, remember he needs to complete the PP activities reliably and on the majority of days.

Gordon

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

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6 years 2 weeks ago #218757 by Maria F
Thank you. Do i have to resubmit our appeal to the Tribunal again. Once the MR was not granted in our favour, we did an appeal submission which we sent to the Tribunal,do I have to resubmit that as that was what I wanted them to take regard of as there was a lot of information that was incorrect or mere assumptions etc made by the assessor and the decision maker. This is such a minefield and I have used your advise extensively but nowhere have I seen info about what happens in this situation when the DWP have not submitted a response - your help is very much appreciated.

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6 years 2 weeks ago #218774 by Gordon
Maria

You don't need to do anything, your existing appeal will continue although I would advise you to go through the DWP's submission when you receive it to see if there are any issues you need to respond to.

Gordon

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

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