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TOPIC: Appeal

Appeal 1 month 3 weeks ago #196223

Hi. Please could you just clarify one point for me. I have not yet had a date for the hearing but I am wondering if I should have sent more information in. I have basically just written my grounds of appeal and reasons and asked the Tribunal if the would use the paperwork already in their possession I.e. all the paperwork in the "bundle" from DWP as, basically, that is all I have. Had it all been considered at assessment, decision and MR, I firmly believe my granddaughter would have received the award she deserves. However, reading the forum, I now fear I am expected to produce our own "bundle." Please could you clarify this for me while I still have time to make up a bundle. As I have said previously though, apart from the gp's form and other information the DWP requested from Social Worker (which already appears in DWP bundle) I do not have anything further to send.

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Appeal 1 month 3 weeks ago #196227

Wobbly legs

You have an opportunity to provide new testimony or evidence, to answers issues raised by the DWEP in their original Decision or the MR, or to clarify the information that has already been supplied, but it is up to you.

I would encourage you just go through everything in the bundle just to make sure that there are no issues that you have missed, it's a lot easier to deal with these things now than at a hearing when you are on the back heal.

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

Appeal 1 month 2 weeks ago #196343

Thank you Gordon. Things have gone from bad to worse. My granddaughter has been more distressed than ever recently and now refuses to attend the Appeal in person. I have written to the Tribunal and requested a paper exercise knowing full well that that will not do her any favours. Please could you tell me if the Tribunal would still advise that she might lose what she already has, or do they only do that if we attend in person.

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Appeal 1 month 2 weeks ago #196356

Wobbly legs wrote: Please could you tell me if the Tribunal would still advise that she might lose what she already has, or do they only do that if we attend in person.


Yes they will write recommending an Oral hearing, that if you have not done so that you should get trained advice and specifically that the panel can reduce as well as add to the points already awarded. It's the last bit to be aware of as they write for other reasons, recommending an Oral hearing.

Gordon
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Appeal 1 month 6 days ago #197195

THANK YOU SO MUCH GORDON and all the other mods who work tirelessly to help us. And many thanks for this wonderful site with all its awesome help, advice and information. My granddaughter's appeal was successful. She went from DL 7 points / mobility 4 points at decision. DL 11 points. / mobility 4 points at MR to DL 17 points / mobility 12 points at Appeal. Enhanced for both. As you know Gordon, we had to ask for a paper hearing when my granddaughter became so distressed about attending the Tribunal, so never expected this final decision with a paper hearing. The Tribunal notice stated "The Tribunal placed particular reliance upon the TOTALITY of the evidence". Why could not the DWP have done the same!
Please Gordon, also, could you tell me (hoping the DWP do not refuse this decision) if the Tribunal's notice carries any weight when she is assessed again in 2020. Her award is until 2021. Many thanks, hardly seems enough to offer, but they are heartfelt.
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Appeal 1 month 6 days ago #197205

Wobbly legs

That's terrific news, well done.

The award length is part of the PIP Decision so the date in 2020 is binding on the DWP, however, the PIP legislation does allow the DWP to reassess a claim at any time but that said, I would not expect them to look at it before 2020.

It usually takes the DWP 5-8 weeks to process a Tribunal result, I would check with the DWP that they have received the Decision Notice.

Gordon

tags: @RESULT @PIP @APPEAL
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Moderators: bro58GordonMrs Hurtyback