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pip appeal
- Ruari
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10 months 1 week ago #286718 by Ruari
pip appeal was created by Ruari
(my representative is writing this on my behalf) Hi I have put in an appeal against DWP for reducing my payment from enhanced to standard meaning my mobility car is being taken away from me tomorrow. I have several long term conditions (osteoporosis, severe dyslexia, cushings disease) which all affect my mobility and struggles with day-to-day living and low mental health. since joining benefits and work I can see that both myself and my representative were not understanding the questions asked on the PIP review form and the answers were vague. The appeal submission has used the wording suggested by the trainings and when answering from that knowing I would have scored high on mobility. In 2019 pip revoked my enhanced which a judge reinstated immediately at a tribunal. Last week after DWP had failed to respond a judge approved an emergency hearing and issued a directions notice to DWP that they had to respond and a presenting officer "is to attend the hearing". In the urgency of finding a way to extend the car being removed (I am housebound without it) the courts suggested we ask DWP for additional time and mobility. Both mobility and the pip appeals department bounced the issue back to eachother leaving me with no answer but alot of stress. Since my call to pip yesterday DWP have responded. The online portal says "
Latest update
DWP have responded to your Personal Independence Payment (PIP) appeal. They should have sent you a copy of their response in the post, unless their response is late and a judge has directed that the appeal can proceed without one.
You do not need to do anything. You will receive another email or text message update when your hearing has been booked. Unfortunately we cannot say how long this will be but it may be several months."
I am further lost and confused. My car is still being taken back tomorrow. I haven't received a letter and imagine it will take 3 weeks to reach me. Im not sure if the above update is positive or that a response from DWP now means an emergency hearing (which I have requested to be in person) can now move forward. Has their response made things worse? I have no idea what the response is and was planning to call pip tomorrow.
From a previous forum post, I saw a post response that DWP has to prove why they believe someone's condition is improving and they can be brought down to a standard rate. The evidence I have submitted shows that the conditions are lifelong and hospitalisation just before the mandatory response adds to my evidence. During the telephone assessment, the assessor offered no support for my severe dyslexia and showed an aggressive approach to the idea of my representative being present. I didn't even understand some of the questions.
If it helps other members my representative spent days and hours trying to find a way to stop the mobility vehicle being taken away before an emergency hearing. To save yourself time if your mandatory response remains the same as your initial decision made by the assessor, no one will change the date of the vehicle being taken back. Mobility said they don't get paid for the months we challenge a decision made by pip. They do not support the claimant's need for a mobility car through the appeals process as the contract ends at the mandatory reconsideration notice. When asked if we could hire the vehicle or have other options it was a cut-off "no". very cold much like DWP. I am without a mobility car and I am unable to use public transport and I cannot afford a taxi on the amounts I receive.
back to my question - Although DWP have passed two deadlines and not responded and were forced to respond does this go more in their favour or is this standard to a directions notice demanding a response? Is it possible that a response may be they have reinstated the enhanced rate? It's confusing because I can't see what the response is. I feared perhaps calling pip yesterday i alerted them to respond when they may not have. I know the removal of mobility vehicles constitutes an emergency hearing but pip yesterday said a hearing could take months. Im not sure this is true as a judge didn't hesitate to issue the emergency hearing. Also, would the tribunal ( which may not be a local one as previously) look at my case in 2019 when a judge reinstated my enhanced rate? I have provided the case number for the tribunal.
Any clarity on the process would be so helpful because I haven't slept for weeks and I am riddled with anxiety which has led to further poor health. If only I had found your website sooner I wouldn't have had to go through this, I am so much clearer on how to respond to questions but the way pip poses questions doesn't support the claimant.
Thankyou for your response.
Latest update
DWP have responded to your Personal Independence Payment (PIP) appeal. They should have sent you a copy of their response in the post, unless their response is late and a judge has directed that the appeal can proceed without one.
You do not need to do anything. You will receive another email or text message update when your hearing has been booked. Unfortunately we cannot say how long this will be but it may be several months."
I am further lost and confused. My car is still being taken back tomorrow. I haven't received a letter and imagine it will take 3 weeks to reach me. Im not sure if the above update is positive or that a response from DWP now means an emergency hearing (which I have requested to be in person) can now move forward. Has their response made things worse? I have no idea what the response is and was planning to call pip tomorrow.
From a previous forum post, I saw a post response that DWP has to prove why they believe someone's condition is improving and they can be brought down to a standard rate. The evidence I have submitted shows that the conditions are lifelong and hospitalisation just before the mandatory response adds to my evidence. During the telephone assessment, the assessor offered no support for my severe dyslexia and showed an aggressive approach to the idea of my representative being present. I didn't even understand some of the questions.
If it helps other members my representative spent days and hours trying to find a way to stop the mobility vehicle being taken away before an emergency hearing. To save yourself time if your mandatory response remains the same as your initial decision made by the assessor, no one will change the date of the vehicle being taken back. Mobility said they don't get paid for the months we challenge a decision made by pip. They do not support the claimant's need for a mobility car through the appeals process as the contract ends at the mandatory reconsideration notice. When asked if we could hire the vehicle or have other options it was a cut-off "no". very cold much like DWP. I am without a mobility car and I am unable to use public transport and I cannot afford a taxi on the amounts I receive.
back to my question - Although DWP have passed two deadlines and not responded and were forced to respond does this go more in their favour or is this standard to a directions notice demanding a response? Is it possible that a response may be they have reinstated the enhanced rate? It's confusing because I can't see what the response is. I feared perhaps calling pip yesterday i alerted them to respond when they may not have. I know the removal of mobility vehicles constitutes an emergency hearing but pip yesterday said a hearing could take months. Im not sure this is true as a judge didn't hesitate to issue the emergency hearing. Also, would the tribunal ( which may not be a local one as previously) look at my case in 2019 when a judge reinstated my enhanced rate? I have provided the case number for the tribunal.
Any clarity on the process would be so helpful because I haven't slept for weeks and I am riddled with anxiety which has led to further poor health. If only I had found your website sooner I wouldn't have had to go through this, I am so much clearer on how to respond to questions but the way pip poses questions doesn't support the claimant.
Thankyou for your response.
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- LL26
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10 months 1 week ago #286736 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic pip appeal
Hi Ruari,
I'm sorry to hear that you are having a very difficult time.
I will try and explain a few things.
As soon as you lodge an appeal DWP have to provide a Response normally within 28 days. The Response is effectively DWP's view on the appeal. The Response will comprise of a full decision, as well as a copy of the claim form, review form, your appeal form etc etc - basically all the case papers. You will receive a copy and so does the Tribunal.
Because you previously had a higher level of benefit, this is a Supersession case Supersession is basically the legal term for when DWP changes the previous decision. However, whereas on an initial claim the claimant has to prove he is entitled, on a Supersession DWP has to prove that the claimant's circumstances have actually changed, and if benefit is reduced, that in effect the claimant's heath has improved. The standard of proof is on the balance of probability ie 51%.
Receipt of a different ( new medical opinion which could be the recent assessment report,) does NOT remove the need for DWP to prove an actual change has occurred. Just because the assessor now concludes you can walk over 200m, is not the same as saying a previous leg injury is healed!
Presumably you can show that either your condition has remained the same or has become worse.
Evidence to show this will be same or increased medicines (either in number or strength.) You might now be on a waiting list for surgery, or just had this, you may be able to indicate several flare ups, or more falls etc etc
This will all show that you have NOT improved as DWP assert.
If DWP can not prove an actual change then legally they can not supersede or change your benefit and you should revert to your previous level.
By not providing a Response DWP has failed to comply with Tribunal Rule 24 - to provide a Response, and has now failed to comply with the Directions Notice. It has also failed to comply with the overriding objective of - fairness - this is Rule 2. Rule 2 confirms that cases should be dealt with without undue delay.
Parties to the tribunal ie yourself and DWP have to assist the tribunal and cooperate with it. DWP do not appear to have done this here.
Under ECHR law Article 6 you have a right to a fair trial.
There is also a right to property, which includes the right to receive benefits.
Given that DWP have to prove improvement to reduce/remove benefit, there is an argument that you have now had money and the use of a car taken away, and this could amount to a breach of your ECHR rights.
If DWP fails to comply with Directions/Rules there is a power to strike out DWPs case. This normally only happens if a strike out warning is given in a Direction Notice. This is Rule 8. However, if proceedings can't be held fairly and justly due to failure of a party then a strike out could still occur.
This would mean that DWP woukd not be able to take part on the proceedings or alternatively could be barred from supplying further evidence. If DWP has hitherto failed to prove its case, then the implication is that the appeal will be upheld and benefit restored to the previous level.
I think there us a real need for speedy resolution given the removal of your Mobility car, leaving you housebound, AND failure to comply with rules.
I would phone up the Tribunal, say this is very urgent and mention the failure of DWP to comply. If the Trib won't hear the matter, at the very least ask for a strike out clause in any further Directions. You may need to follow up the phone call in writing.
I hope this helps, and I wish you all the best in trying to sort thus out. Please let us know how you get on.
LL26
I'm sorry to hear that you are having a very difficult time.
I will try and explain a few things.
As soon as you lodge an appeal DWP have to provide a Response normally within 28 days. The Response is effectively DWP's view on the appeal. The Response will comprise of a full decision, as well as a copy of the claim form, review form, your appeal form etc etc - basically all the case papers. You will receive a copy and so does the Tribunal.
Because you previously had a higher level of benefit, this is a Supersession case Supersession is basically the legal term for when DWP changes the previous decision. However, whereas on an initial claim the claimant has to prove he is entitled, on a Supersession DWP has to prove that the claimant's circumstances have actually changed, and if benefit is reduced, that in effect the claimant's heath has improved. The standard of proof is on the balance of probability ie 51%.
Receipt of a different ( new medical opinion which could be the recent assessment report,) does NOT remove the need for DWP to prove an actual change has occurred. Just because the assessor now concludes you can walk over 200m, is not the same as saying a previous leg injury is healed!
Presumably you can show that either your condition has remained the same or has become worse.
Evidence to show this will be same or increased medicines (either in number or strength.) You might now be on a waiting list for surgery, or just had this, you may be able to indicate several flare ups, or more falls etc etc
This will all show that you have NOT improved as DWP assert.
If DWP can not prove an actual change then legally they can not supersede or change your benefit and you should revert to your previous level.
By not providing a Response DWP has failed to comply with Tribunal Rule 24 - to provide a Response, and has now failed to comply with the Directions Notice. It has also failed to comply with the overriding objective of - fairness - this is Rule 2. Rule 2 confirms that cases should be dealt with without undue delay.
Parties to the tribunal ie yourself and DWP have to assist the tribunal and cooperate with it. DWP do not appear to have done this here.
Under ECHR law Article 6 you have a right to a fair trial.
There is also a right to property, which includes the right to receive benefits.
Given that DWP have to prove improvement to reduce/remove benefit, there is an argument that you have now had money and the use of a car taken away, and this could amount to a breach of your ECHR rights.
If DWP fails to comply with Directions/Rules there is a power to strike out DWPs case. This normally only happens if a strike out warning is given in a Direction Notice. This is Rule 8. However, if proceedings can't be held fairly and justly due to failure of a party then a strike out could still occur.
This would mean that DWP woukd not be able to take part on the proceedings or alternatively could be barred from supplying further evidence. If DWP has hitherto failed to prove its case, then the implication is that the appeal will be upheld and benefit restored to the previous level.
I think there us a real need for speedy resolution given the removal of your Mobility car, leaving you housebound, AND failure to comply with rules.
I would phone up the Tribunal, say this is very urgent and mention the failure of DWP to comply. If the Trib won't hear the matter, at the very least ask for a strike out clause in any further Directions. You may need to follow up the phone call in writing.
I hope this helps, and I wish you all the best in trying to sort thus out. Please let us know how you get on.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: drewzz, Sheila 966
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