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Tribunal Decision

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1 year 10 months ago #276233 by Gary
Replied by Gary on topic Tribunal Decision
Hi

If you have a look at our PIP guide at the link below you will see that there are a number pages which include advice on telephone assessments (page 109). Yes, a lot of the questions are those that would have been asked if you had a face to face assessment.
benefitsandwork.co.uk/guides-for-claimants/pip

With a video assessment do not dress up, wear your normal clothing, don't wear any make up or take any extra medication to help you cope, just be your normal self, if you start stressing out don't worry about it, the assessor will be use to it and will try and put you at ease.

- Write yourself a bullet point list of any particular points you want to get over, so you have it by you during the assessment, tick them as you cover them during the assessment.
- have paper and pens to hand to make any notes such as the assessors name, date, time
- make sure you are seated in a comfortable chair, you are going to be there a while and at table to make notes
- if you can't hear or understand what is being asked then ask them to repeat the question
- don’t let the assessor rush you and get you flustered.
- if you need a toilet break then ask for one.
- don't forget to have a glass of water if needed so you don't get a dry throat and lose your voice!

Don't forget to contact DWP 48 hours after the assessment and ask for a copy of the assessors report called PA4.

Gary

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1 year 8 months ago #277612 by Gash
Replied by Gash on topic Tribunal Decision
Morning LL26,

I still have this ongoing situation with the tribunal decision. I have not received any correspondents from tribunal or DWP.
The tribunal award was decided on 31st October 22. As you can see in previous emails on your forum, I have made a number of attempts to find out what is going on and how to address each issues.
Here we are 2nd March 2023 and I still have not received any notice of the Written Statement Of Report (WSOR). I believe I should have received this within one month after the award date, so around the beginning of December 2022. A further month is given to DWP to respond, this takes me to end of January 2023. I call the DWP in January and was told DWP had sent a reminded to the court 17th January as they have not receive the WSOR. Am I right in thinking I should have received from the DWP a copy of the letter of appeal?

Five months on I have not heard anything from DWP regarding their appeal decision on the tribunal award.
However, I have had a full Capability to work assessment with the interview being done via video call. The assessment took place 23rd January 2023 and I received a letter 8th February 2023 stating, "We now have all the information we need to make a decision", this is to decide award for PIP.

I am now so confused, frustrate and extremely anxious because my understanding following the tribunal award was PIP will continue until 2026. So why have I had to go through another full assessment for PIP? Any help and guidance will be very much apricated.
I hope this all makes sense to someone because its very confusing for me.
I Kind Regards

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1 year 8 months ago #277631 by Gary
Replied by Gary on topic Tribunal Decision
Hi Gash-24

You need to contact HMCTS to see what is happening, has a WSOR been issued? if it has, when was it issued? if it was over one month ago and DWP have not appealed decision then they will be out of time.

I came across a similar situation a few years ago, slightly complex, mental health issues, the judge had covered everything, DWP decided not to appeal the decision in the end after they requested a WSOR.

At the end of the Tribunal, they would have issued you with a decision either on the day or posted it to you.

You may want to ask your MP to get involved to move your case forward, but before you do contact HMCTS first.

Gary

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1 year 8 months ago #277633 by Gash
Replied by Gash on topic Tribunal Decision
Hi Gary,
Thank you for your reply, I will act on your suggestions.

Do you have any advice on the whole new assessment on for PIP?

Kind Regards

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1 year 8 months ago #277635 by Gary
Replied by Gary on topic Tribunal Decision
Hi Gash-24

I am not aware of any recent new assessment. I would say have a look at our guides, as the back office keeps them up to date on a regular basis.

Gary

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

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1 year 8 months ago #277650 by Gash
Replied by Gash on topic Tribunal Decision
Hi Gary,

I called HMCTS today regarding the appeal and time scales between the decision. Their records show DWP's WSOR was received 17th January 2023. I mentioned the four week time scale for appealing the decision, I was advised to email, "for attention of judge".

I will get on and do that and update you accordingly.

Thanks once again

Kind Regards
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