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Tribunal Adjournment
- Anita
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1 year 3 months ago #282483 by Anita
Tribunal Adjournment was created by Anita
Hi
I went to tribunal yesterday. It has been adjourned so I have more time to put my case forward. It should be in another 6 weeks.
When I logged into my Tribunal portal this morning I found a letter containing below.
1. The appeal is adjourned for a face to face hearing at ............ It will be first
in the afternoon session on the first available date with a time estimate of 90
minutes.
2. The hearing is adjourned because the appellant provided a lengthy written
submission (now marked as Addition R) at the start of the hearing and further time
is required for the hearing.
3. Within 21 days the DWP, who has now awarded 8 points for daily living (1,4,5,6
all (b)) and 4 points for mobility (12(b)), is directed to review all the evidence now
provided and provide a supplementary submission.
4. Members of this tribunal are excluded from future involvement in the appeal.
My question is, Is 3. Saying to DWP reconsider the evidence again before it comes back to tribunal?
The Judge also said that I have these 8 points and 4 for mobility. I can start a new claim with a change in one of my conditions and this current appel will go ahead anyway.
When I phoned PIP they said it will be months before I get a decision from a new claim and I'd have to go through the whole process again. It would be better to wait for tribunal and then do a change in circumstance.
I'm so confused as to what to do. CAB don't have capacity to go with me. Who can I ask to go with me? I think I need someone more experienced than my Socail Prescriber, I need an actual benefit adviser.
Please advise?
Thank you
Anita
I went to tribunal yesterday. It has been adjourned so I have more time to put my case forward. It should be in another 6 weeks.
When I logged into my Tribunal portal this morning I found a letter containing below.
1. The appeal is adjourned for a face to face hearing at ............ It will be first
in the afternoon session on the first available date with a time estimate of 90
minutes.
2. The hearing is adjourned because the appellant provided a lengthy written
submission (now marked as Addition R) at the start of the hearing and further time
is required for the hearing.
3. Within 21 days the DWP, who has now awarded 8 points for daily living (1,4,5,6
all (b)) and 4 points for mobility (12(b)), is directed to review all the evidence now
provided and provide a supplementary submission.
4. Members of this tribunal are excluded from future involvement in the appeal.
My question is, Is 3. Saying to DWP reconsider the evidence again before it comes back to tribunal?
The Judge also said that I have these 8 points and 4 for mobility. I can start a new claim with a change in one of my conditions and this current appel will go ahead anyway.
When I phoned PIP they said it will be months before I get a decision from a new claim and I'd have to go through the whole process again. It would be better to wait for tribunal and then do a change in circumstance.
I'm so confused as to what to do. CAB don't have capacity to go with me. Who can I ask to go with me? I think I need someone more experienced than my Socail Prescriber, I need an actual benefit adviser.
Please advise?
Thank you
Anita
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- Gary
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1 year 3 months ago #282491 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Tribunal Adjournment
Hi Anita
As you provided additional substantive supporting evidence on the day of the hearing, then it will cause your case to be adjourned to take consideration of your supporting evidence and also for the DWP to take it into account.
This is why HMCTS asks that additional evidence is supplied up to two weeks before the hearing date.
Why would you start a new claim before you get an outcome of your original claim?
If you apply for a change in circumstances then it will initiate completing a new claims form.
At a tribunal they will not ask anyone who goes with you questions, it is all about you, at the end of questioning you, they will then ask your companions if they have anything to add.
Gary
As you provided additional substantive supporting evidence on the day of the hearing, then it will cause your case to be adjourned to take consideration of your supporting evidence and also for the DWP to take it into account.
This is why HMCTS asks that additional evidence is supplied up to two weeks before the hearing date.
Why would you start a new claim before you get an outcome of your original claim?
If you apply for a change in circumstances then it will initiate completing a new claims form.
At a tribunal they will not ask anyone who goes with you questions, it is all about you, at the end of questioning you, they will then ask your companions if they have anything to add.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- LL26
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1 year 3 months ago #282495 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Tribunal Adjournment
Hi Anita,
From the Judge's comments it seems that you already have award for Daily Living, or will get one. Presumably you are appealing to gain enhanced daily living and/or mobility award.
During an appeal, DWP is obliged to consider any further evidence you send in, and review it. Hence DWP must review the paperwork as directed by the Judge.
If you are awarded PIP or additional PIP at tribunal, then you will get paid from the start of the claim if this is first claim, or potentially when your needs increased if this is a review.
If my understanding is correct and you have an award, or this is about to be paid, then there is no point in making an additional claim. That would end this initial claim, but for the second claim there would be no backdating in the same way as you would get for the wait from claim/review until tribunal award is finally paid. This could potentially mean a loss if several hundred if not thousand pounds of benefit.
I advise that you await the outcome of the tribunal. Then, if the result is ok, and you get the maximum allowed or maximum for your disabilities (or you are happy with the award,) then you will get the award back dated to the claim or review date as described above. You won't need any further action, until your next review if you get the maximum possible.
If you get less than maximum you can then ask for a review (at a later date) to ask for more benefit, up to the maximum, if your health deteriorates to the extent that more points can be awarded to be sufficient to allow for an increased award.
If my understanding is wrong, and you are not due any award and/or the tribunal fails and no award whatsoever is made, ( and you can't or do not want to appeal) - this is the time for a new claim.
At the tribunal you can bring a friend or relative who can support you, or give evidence of the difficulties you have. It is however extremely likely that you will need to attempt to answer tribunal questions. If you don't have a friend etc, maybe approach the local church - the vicar or indeed any other religious leader may know of someone who could help, even if you are not a churchgoer. Failing that, a local counsellor or the Parish or Town Clerk might be able to help find someone to help.
I hope this helps.
Good luck.
LL26
From the Judge's comments it seems that you already have award for Daily Living, or will get one. Presumably you are appealing to gain enhanced daily living and/or mobility award.
During an appeal, DWP is obliged to consider any further evidence you send in, and review it. Hence DWP must review the paperwork as directed by the Judge.
If you are awarded PIP or additional PIP at tribunal, then you will get paid from the start of the claim if this is first claim, or potentially when your needs increased if this is a review.
If my understanding is correct and you have an award, or this is about to be paid, then there is no point in making an additional claim. That would end this initial claim, but for the second claim there would be no backdating in the same way as you would get for the wait from claim/review until tribunal award is finally paid. This could potentially mean a loss if several hundred if not thousand pounds of benefit.
I advise that you await the outcome of the tribunal. Then, if the result is ok, and you get the maximum allowed or maximum for your disabilities (or you are happy with the award,) then you will get the award back dated to the claim or review date as described above. You won't need any further action, until your next review if you get the maximum possible.
If you get less than maximum you can then ask for a review (at a later date) to ask for more benefit, up to the maximum, if your health deteriorates to the extent that more points can be awarded to be sufficient to allow for an increased award.
If my understanding is wrong, and you are not due any award and/or the tribunal fails and no award whatsoever is made, ( and you can't or do not want to appeal) - this is the time for a new claim.
At the tribunal you can bring a friend or relative who can support you, or give evidence of the difficulties you have. It is however extremely likely that you will need to attempt to answer tribunal questions. If you don't have a friend etc, maybe approach the local church - the vicar or indeed any other religious leader may know of someone who could help, even if you are not a churchgoer. Failing that, a local counsellor or the Parish or Town Clerk might be able to help find someone to help.
I hope this helps.
Good luck.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Anita
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1 year 3 months ago #282496 by Anita
Replied by Anita on topic Tribunal Adjournment
Hi
Thank you for your response.
The Judge suggested I make a new claim because my shoulder has got worse.
The paperwork I submitted was more a statement for me which I was going to use to support me to keep on track. I thought that the panel would like a copy.
We'll see what happens next.
Kind regards
Anita
Thank you for your response.
The Judge suggested I make a new claim because my shoulder has got worse.
The paperwork I submitted was more a statement for me which I was going to use to support me to keep on track. I thought that the panel would like a copy.
We'll see what happens next.
Kind regards
Anita
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- Anita
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1 year 3 months ago #282498 by Anita
Replied by Anita on topic Tribunal Adjournment
Hello
Thank you for your response. Yes this is my first claim. I started with 6 points for daily living and 4 for mobility, that's what made me appeal. While I've been waiting for date I've added bits and pieces to my bundle. During that time, DWP have awarded 4 extra points to take me up to an award for 10 points. I don't know why it says 8.
The paperwork I submitted was a statement for me to work through to keep me on track. I thought the panel would like a copy.
I first applied in May 2022.
I will keep you posted.
Kind regards Anita
Thank you for your response. Yes this is my first claim. I started with 6 points for daily living and 4 for mobility, that's what made me appeal. While I've been waiting for date I've added bits and pieces to my bundle. During that time, DWP have awarded 4 extra points to take me up to an award for 10 points. I don't know why it says 8.
The paperwork I submitted was a statement for me to work through to keep me on track. I thought the panel would like a copy.
I first applied in May 2022.
I will keep you posted.
Kind regards Anita
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