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TOPIC: PIP Mandatory Reconsideration APPEAL IGNORED

PIP Mandatory Reconsideration APPEAL IGNORED 1 year 2 weeks ago #167849

Hi All,
Well the saga continues. After receiving my appeal papers from the tribunal about 3 weeks ago, they were in a shocking state. They had missed out loads of relevant supporting evidence and jumbled up all the supporting evidence they did provide so it made no sense. I thought all the hard work I put in for the MR would pay off if it went to appeal and all the evidence I sent to DWP would be copied and passed on in good faith. Well it appears not. So reluctantly I felt I had no choice but to reprovide all the evidence again as i had originally provided to the DWP which took me a week and a half to photocopy painstakingly from scratch on my home machine.
I didn't receive any notification from tribunal service that this information was received (which they normally did for new evidence received), but I called yesterday to check when my hearing might be and the telephonist was very coy and would only say a letter was sent out yesterday you will have to wait until you receive that. She wouldnt disclose whether I had had a hearing or not.
And sure enough I received a letter today which said my hearing was done on 06/09/16 but has been adjourned because "there were contradictions in the papers which need to be resolved by the Appellant attending a hearing".
I specifically requested a paper hearing due to my social anxieties and specifically did all this paperwork and in depth supporting letters as I can put across facts better on paper in my own time and will make a complete hash of an oral hearing, not to mention I cant bear even the thought of it. It feels like all my paperwork has been in vain.
I have called to speak to the clerk who sent the letter to find out why and have to call back later as he was not in, but can i appeal having to do an oral hearing at this stage or do i have to comply or drop the appeal?
It will literally break me.
All i can think is they are going on the original notes DWP supplied, and inconsistencies may simply be due to fluctuation in my symptoms?
Please advise.

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PIP Mandatory Reconsideration APPEAL IGNORED 1 year 1 week ago #167870

  • Gordon
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  • Posts: 30359

You can still opt for a Paper hearing.

It's difficult to offer further advice until you have spoken to the TS again and have a better understanding of the issues.

If you can resolve the issues with the TS over the phone then the request for you to attend may be withdrawn, if not then you need to consider what you do. As I said you can still opt for a Paper hearing, but it may be to your disadvantage if you do not attend, conversely and depending on your conditions it may also weaken your case if you do.

As an alternative you could propose a domiciliary hearing, one held over a video link or even one over the phone.

The following user(s) said Thank You: cazzyclay

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

PIP Mandatory Reconsideration APPEAL IGNORED 1 year 1 week ago #167907

hi cazzy ,
hope your ok ,, but by reading your post i guess your not with all this added stress recieving the letter today,, i bet your peed off , i know i would be after the work uve put into doing a paper appeal for it to be adjourend ,, :( ,, i still waiting for a date for my appeal ,sent off my submission over 3 weeks ago now and still not had them sent back to me from tribunal , had to ring them again today for the 3rd time to ask where they are ,,was told they were posted out yest so on there way to me ,,i have been told i can request a telephone appeal because of my agrophobia ,but talking over a fone but even though me going for a oral could weaken my case as they may think ,well u managed to get hear ,,ime just gonna have to be honest and tell them how very difficult it will be for me ..and prob by them seeing me face to face they will be able to see for themselves the state ile be in .ime dreading going but have come to stage where i just want it over with now ,,this year has just been about pip pip pip.!! the worry and stress and upset its caused ime now on the maximum dose for the meds i take ,if only these H,A and D,M had any idea the immense worry and upset they cause for the majority of claimants , ile be keeping my fingers crossed for you hun ,,and hope you get the award your hoping for and the sooner the better too,. good luck cazzy,.
alison,. :)

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PIP Mandatory Reconsideration APPEAL IGNORED 11 months 1 week ago #170610

Hi Alison,
Aw bless you thanks for your update and kind words. On advice from Gordon I did call to request a hearing over phone or skype and was told to put it in writing which I did and heard nothing ever since. I called tribunal about a wk and half ago to see what was going on and they had received my appeal and was out of their hands how long the judge takes to respond, but i am at the end of the 6 wks oral hearing date they suggested would take.
Meanwhile I have been waiting for post everyday partic fris/sats as this seems be when their mail arrives (in time to ruin your wkend when their offices are closed), and did receive a letter sat morning, saw was DWP, ripped it open, and could not believe what i was seeing...
I have now been sent for review for my ESA - questionnaire to fill out, evidence to provide, and compulsory medical after all sounding like will coincide nicely with xmas (the only time i get to go home and visit family 200 miles away), and no doubt its all just a procedure to boot me off and go to appeal on that one too - i have absolutely no faith in that not being the case now.
To say it booted me on my ass is an understatement. I literally broke as i have no more fight left for appeal 1 let alone another, and i not managing on my ESA income alone as is, so money has become my main anxiety. I realised its 6 months now this all been going on and in those 6 months they have reduced me back tenfold into my illness and my recovery and actually strengthened my case for not being work fit.
If i get booted off ESA now my money will reduce again and i cant go from £100/wk to £75 (as i rem they did to me in 2013) for the whole duration of the appeal process.
I will literally be forced back into work full time which i will last few days most in, or back to my parents broke financially and medically, this is literally threatening my home and life now.
I now have to go back to the benefit and work guides for filling out ESA form but as i say i gave the pip my all and its got me nowhere so far.
I've had to refer myself back to mental health team this week and go back onto meds i was a substantial way through weaning off due to all this.
Not good. :(

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PIP Mandatory Reconsideration APPEAL IGNORED 11 months 1 day ago #171402

Hi Gordon,
As you may see from last message to Alison, I have now received an ESA50 whilst awaiting for an outcome of format/date for my PIP appeal. The date it must be returned by is looming fast 9 Nov and I literally have tried starting on the ESA guide form a few times and totally overwhelmed to even begin with this on top of the PIP appeal. The impact on my health is such that a home move I've been trying to sort for some time (as i am relying on council homeswap) to move back closer to my family 200 miles away for support is now more urgent than ever, and in the meantime I am looking at going to stay with family/friends in the interim as a matter of urgent support. However now i still have the PIP appeal outstanding, and the ESA50 to return combined with the impending medical to follow, do you know how long it takes from returning the ESA50 on average until you are called for medical? As all i can find on the guide is 7 days notice and if i am out of the area staying with family/friends (because of all this stress i am unable to cope alone anymore) how do i negotiate this and the appeal? Can i call them and tell them i will not be at my home address for the forseeable? and then I am aware of any consequences of telling them this to effect on my housing benefit being paid while i am away. I feel trapped and yet it is due to all this i am having to leave.

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PIP Mandatory Reconsideration APPEAL IGNORED 11 months 1 day ago #171422

  • Gordon
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Sorry to hear that you are getting hit by everything at once.

Re the ESA50. Try tackling it a little at a time, maybe on a separate sheet. Try and provide a basic answer for each question and then as you can and need to, expand each answer, so perhaps start with a sentence, then go to a paragraph and then several paragraphs, etc.

The critical thing is to return the ESA50, I'm not suggesting that you do it, but returning an empty form (maybe with a sort covering letter explaining why it empty) is a lot better than not returning the form at all. With the former your claim continues, with the latter there is a risk that the DWP will close your claim.

If you are not going to be at home then you must tell the DWP and Maximus where you will be, you don't want your hard work on the ESA50 to be wasted by a missed appointment for an assessment.

I'm afraid I can't advise on what would happen with your Housing Benefit, the following page suggests that four weeks would not be a problem and longer periods may be possible.



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