× Members

Appeal Adjourned - Please advise

More
6 years 2 weeks ago #218845 by katie
Appeal Adjourned - Please advise was created by katie
Hi All,

I had my PIP appeal on 20th Aug and this was adjourned as I used to get full rate DLA so the court asked for the following:

1) To write to my GP for my most recent medical notes
2) The DWP had 21 days to provide all of the paperwork relating to my old DLA claim

So on Sat 29th Sept I got a letter from the courts with a copy of what my GP had sent in.

I have seen nothing with the evidence from DWP so I called the courts this morning to ask if they had and would I get a copy.

They said I would of done but they have not said anything so I asked what happens now and
they said that as they have gone outside the 21 days to send all of their evidence it may now just go to a judge to decide.

Can anyone shed any light on this or give me some further info?

Thanks

xx

Please Log in or Create an account to join the conversation.

More
6 years 2 weeks ago #218855 by Gordon
Replied by Gordon on topic Appeal Adjourned - Please advise
Katie

Tribunals are starting to push back on the number of claimants who receive an effective reduction in the award from DLA to PIP when there is no apparent change in condition, so they are asking to see the documentation used to make the DLA award.

The Judge will now likely issue a warning to the DWP, it would be very unusual for them not to respond to this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: katie

Please Log in or Create an account to join the conversation.

More
6 years 2 weeks ago #218874 by katie
Replied by katie on topic Appeal Adjourned - Please advise
Hi Gordon,

Thank you so much for this. Does the DWP get a certain amount of time to reply to that warning?

Katie

Please Log in or Create an account to join the conversation.

More
6 years 2 weeks ago #218879 by Gordon
Replied by Gordon on topic Appeal Adjourned - Please advise
Katie

Yes, the Judge will set a date or time period, you'll receive a copy of their letter to the DWP. It may be another 21 days or they may reduce it, it's unlikely to be less than 14 days as I would not expect the DWP to be able to physically respond in that timescale

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: katie

Please Log in or Create an account to join the conversation.

More
6 years 2 weeks ago #218885 by katie
Replied by katie on topic Appeal Adjourned - Please advise
Thank you for this Gordon.

When they do reply and send the evidence will they then but a date in place for the new appeal?

Please Log in or Create an account to join the conversation.

More
6 years 2 weeks ago #218896 by Gordon
Replied by Gordon on topic Appeal Adjourned - Please advise
Katie

Yes, once the Judge is happy that they have all of the information needed then you appeal will be listed for a hearing.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: katie

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.