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tribunal delay dla to pip help please
- libran1962
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4 years 7 months ago #251483 by libran1962
tribunal delay dla to pip help please was created by libran1962
hi
i hope you dont mind me asking for help for a younger brother as we have done everything we can to date and he is still without any payment after the change over to pip from dla summer last year.sorry for the long post.
he was on lifetime dla but after face to face 0 points his payments stopped (he was on high care,low mobility)
he had a serious brain injury aged 16 leaving him with memory loss and confusion plus difficulty processing things.then 7 yrs ago at the age of 45 he was diagnosed with early onset alzheimers plus vascular involvement that had caused a couple of previous strokes.this has of course progressed.we realise its not the conditions but how they affect the activities.
2 yrs ago he lost his 42 yr old wife to breast cancer and the stress has caused him to be down and lonely.we are a close family and help all we can as he cant process the forms or the system too.
the simple mandatory was turned down but my mum had but then my husband and i put a very good case together for tribunal with lots of evidence and the pip files on here(thank you)
its now almost 13 months since his benefit was stopped.we emailed the judge to ask if he/she would consider it an urgent case but it was turned down as they said there are folk who have waited longer.he attempted suicide earlier this year(we did not mention this as thought they may be sympathetic with the info they had)
would it be worth asking our mp to chase it? our worry was that it would rile the judge and worsen an already bad situation for my brother.hes been dealt a harsh hand already.
any advice kindly appreciated
thank you
suzanne
i hope you dont mind me asking for help for a younger brother as we have done everything we can to date and he is still without any payment after the change over to pip from dla summer last year.sorry for the long post.
he was on lifetime dla but after face to face 0 points his payments stopped (he was on high care,low mobility)
he had a serious brain injury aged 16 leaving him with memory loss and confusion plus difficulty processing things.then 7 yrs ago at the age of 45 he was diagnosed with early onset alzheimers plus vascular involvement that had caused a couple of previous strokes.this has of course progressed.we realise its not the conditions but how they affect the activities.
2 yrs ago he lost his 42 yr old wife to breast cancer and the stress has caused him to be down and lonely.we are a close family and help all we can as he cant process the forms or the system too.
the simple mandatory was turned down but my mum had but then my husband and i put a very good case together for tribunal with lots of evidence and the pip files on here(thank you)
its now almost 13 months since his benefit was stopped.we emailed the judge to ask if he/she would consider it an urgent case but it was turned down as they said there are folk who have waited longer.he attempted suicide earlier this year(we did not mention this as thought they may be sympathetic with the info they had)
would it be worth asking our mp to chase it? our worry was that it would rile the judge and worsen an already bad situation for my brother.hes been dealt a harsh hand already.
any advice kindly appreciated
thank you
suzanne
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- Gordon
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4 years 7 months ago #251487 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic tribunal delay dla to pip help please
libran
You can try the MP but they may be unwilling to assist as they are barred from interfering with a legal process which of course a Tribunal is, I would definitely mention the suicide attempt, you, whilst it cannot be considered for his hearing it may create the urgency for a hearing to be held sooner.
Otherwise, make another request for an urgent and mention the attempt. Will his GP write about his current mental state.
Is this a Paper or Oral hearing?
Gordon
You can try the MP but they may be unwilling to assist as they are barred from interfering with a legal process which of course a Tribunal is, I would definitely mention the suicide attempt, you, whilst it cannot be considered for his hearing it may create the urgency for a hearing to be held sooner.
Otherwise, make another request for an urgent and mention the attempt. Will his GP write about his current mental state.
Is this a Paper or Oral hearing?
Gordon
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- libran1962
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4 years 7 months ago #251490 by libran1962
Replied by libran1962 on topic tribunal delay dla to pip help please
hi gordon
thank you for answering so quickly
they have never told us if its a paper or oral hearing.with covid maybe they dont inform you but im not sure, i know some are being done by phone or video call(either of which would confuse him)my husband is his representative
im sure his gp would write a letter if you feel it would support the need to speed the process.im not sure how long 13 months is in regards to the usual length of time(thats from when benefits stopped not tribunal wait)
kindest regards and thank you
suzanne
thank you for answering so quickly
they have never told us if its a paper or oral hearing.with covid maybe they dont inform you but im not sure, i know some are being done by phone or video call(either of which would confuse him)my husband is his representative
im sure his gp would write a letter if you feel it would support the need to speed the process.im not sure how long 13 months is in regards to the usual length of time(thats from when benefits stopped not tribunal wait)
kindest regards and thank you
suzanne
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- Gordon
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4 years 7 months ago #251491 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic tribunal delay dla to pip help please
libran
When the appeal was requested you had to choose either a Paper hearing of an Oral, I am guessing the latter because the delay for Paper ones is a lot less, switching may help but obviously the panel will not see your brother which may be important for his case, bearing in mind that the panel can only consider his conditions and limitations as they were at the time of the Decision being appealed.
A wait of 13 months is at the upper limit for what we would expect pre-Covid, times have almost certainly increased and will continue to do so, a telephone or video hearing is the preferred method at the moment.
A letter from the GP will provide independent evidence to support the need for an urgent hearing.
Gordon
When the appeal was requested you had to choose either a Paper hearing of an Oral, I am guessing the latter because the delay for Paper ones is a lot less, switching may help but obviously the panel will not see your brother which may be important for his case, bearing in mind that the panel can only consider his conditions and limitations as they were at the time of the Decision being appealed.
A wait of 13 months is at the upper limit for what we would expect pre-Covid, times have almost certainly increased and will continue to do so, a telephone or video hearing is the preferred method at the moment.
A letter from the GP will provide independent evidence to support the need for an urgent hearing.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- libran1962
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4 years 7 months ago #251493 by libran1962
Replied by libran1962 on topic tribunal delay dla to pip help please
gordon thank you so much for your kind advice
we will get a letter from gp and send an email with it to the judge for them to reconsider
take care
kindest regards
suzanne
we will get a letter from gp and send an email with it to the judge for them to reconsider
take care
kindest regards
suzanne
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- denby
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4 years 7 months ago #251504 by denby
Replied by denby on topic tribunal delay dla to pip help please
Hi Suzanne, while you would hope a suicide attempt would speak for itself, worth mentioning to your GP that using the phrase "overwhelming psychological distress" in letters is a kind of 'open sesame' with the DWP, they actually typed OPD in our daughter's report as a standard abbreviation.
My sympathy to your family and good wishes for eventual success.
Denby
My sympathy to your family and good wishes for eventual success.
Denby
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