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PIP Appeal and papers received back from HMCTS/DWP
- Pete266
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6 years 5 months ago #200042 by Pete266
PIP Appeal and papers received back from HMCTS/DWP was created by Pete266
Hi
My daughter is going through the process of a PIP appeal (new claim) at the moment. MR failed and was awarded zero points for everything despite having disability for many years, hence reason for appealing. One letter initially came back from HMCTS to acknowledge she wished to appeal. Now another bundle has followed on but this is what is confusing. Reason:
1) It is on HMCTS headed paper yet addressed to the Appeals Officer at DWP. Appears to be a copy of all papers she has submitted yet in the incorrect order which is important as she has in excess of 100 pages.
2) A compliments slip from DWP was enclosed and the returns address on the bundle was a DWP one. I called HMCTS and they "assumed" it was from DWP. If so why is it on HMCTS paper?
3) We have spent a lot of money colour photocopying some documents for ease of reading. These have all been copied in black and white and stamped "poor copy" as they have been poorly copied. Our concern is the panel will not be able to read them.
Any suggestions as to who the bundle has come from and is it normal for colour documents to be black and white copied? It does not make sense to myself.
Thanks in advance.
My daughter is going through the process of a PIP appeal (new claim) at the moment. MR failed and was awarded zero points for everything despite having disability for many years, hence reason for appealing. One letter initially came back from HMCTS to acknowledge she wished to appeal. Now another bundle has followed on but this is what is confusing. Reason:
1) It is on HMCTS headed paper yet addressed to the Appeals Officer at DWP. Appears to be a copy of all papers she has submitted yet in the incorrect order which is important as she has in excess of 100 pages.
2) A compliments slip from DWP was enclosed and the returns address on the bundle was a DWP one. I called HMCTS and they "assumed" it was from DWP. If so why is it on HMCTS paper?
3) We have spent a lot of money colour photocopying some documents for ease of reading. These have all been copied in black and white and stamped "poor copy" as they have been poorly copied. Our concern is the panel will not be able to read them.
Any suggestions as to who the bundle has come from and is it normal for colour documents to be black and white copied? It does not make sense to myself.
Thanks in advance.
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- Gordon
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6 years 5 months ago #200053 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal and papers received back from HMCTS/DWP
Pete
Once the appeal is accepted by the Tribunal Service, they notify the DWP. They will produce their submission to the appeal, this will include an explanation of how they came to their Decision, the law involved and a copy of any document used in the making of the Decision..
This bundle of evidence is sent by the DWP is sent to the claimant and to the Tribunal Service, who will then manage the distribution of any further documents.
Don't change the order of the documents in the bundle, they will have been numbered and it is this reference rather than any that might be on the documents themselves that will be used by the appeal panel.
If you think that the colour pages are unintelligible in black and white then you could provide colour copies to the Tribunal Service, I very much doubt that they will themselves take colour copies, so, you will need to include six copies; one for each panel member (3), one for the DWP, one will be sent back to you and a file copy. Include a letter explaining why you have sent multiple copies.
Your task now is to create you own submission, including any testimony you want to supply and any new evidence. Your goal is to show that she meets the criteria for an award. It can be tempting to address issues raised in the assessment report, you should certainly do this but understand that correcting these problems is actually quite unlikely to result in an award. The panel will primarily looking at whether she meets the PIP Descriptors.
Gordon
Once the appeal is accepted by the Tribunal Service, they notify the DWP. They will produce their submission to the appeal, this will include an explanation of how they came to their Decision, the law involved and a copy of any document used in the making of the Decision..
This bundle of evidence is sent by the DWP is sent to the claimant and to the Tribunal Service, who will then manage the distribution of any further documents.
Don't change the order of the documents in the bundle, they will have been numbered and it is this reference rather than any that might be on the documents themselves that will be used by the appeal panel.
If you think that the colour pages are unintelligible in black and white then you could provide colour copies to the Tribunal Service, I very much doubt that they will themselves take colour copies, so, you will need to include six copies; one for each panel member (3), one for the DWP, one will be sent back to you and a file copy. Include a letter explaining why you have sent multiple copies.
Your task now is to create you own submission, including any testimony you want to supply and any new evidence. Your goal is to show that she meets the criteria for an award. It can be tempting to address issues raised in the assessment report, you should certainly do this but understand that correcting these problems is actually quite unlikely to result in an award. The panel will primarily looking at whether she meets the PIP Descriptors.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Pete266
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6 years 5 months ago #200059 by Pete266
Replied by Pete266 on topic PIP Appeal and papers received back from HMCTS/DWP
Hi Gordon
Thanks for your reply. What we have received seems to be a copy of all original papers sent off in terms of evidence to HMCTS. All pages were numbered with tabs and put into sections with a schedule of evidence. These tabs and schedule have been removed and pages are now in random order so if this is how the panel view the bundle, my concern was it would not read easily added to the fact it is in excess of 100 pages which they have failed to colour copy.
Her grounds of appeal was also in this along with errors highlighted in the PA4 in red but this is stamped "poor copy" due to how they have copied it.
Given the expense of what this has already cost and that they have for whatever reason taken pages out of correct chronological order, would we likely have a similar issue if I did multiple colour copies or would it be more conducive to simply allow the panel to view our own bundle on the day of the hearing which we have been advised is between 22-30 weeks?
Many thanks again for your help
Thanks for your reply. What we have received seems to be a copy of all original papers sent off in terms of evidence to HMCTS. All pages were numbered with tabs and put into sections with a schedule of evidence. These tabs and schedule have been removed and pages are now in random order so if this is how the panel view the bundle, my concern was it would not read easily added to the fact it is in excess of 100 pages which they have failed to colour copy.
Her grounds of appeal was also in this along with errors highlighted in the PA4 in red but this is stamped "poor copy" due to how they have copied it.
Given the expense of what this has already cost and that they have for whatever reason taken pages out of correct chronological order, would we likely have a similar issue if I did multiple colour copies or would it be more conducive to simply allow the panel to view our own bundle on the day of the hearing which we have been advised is between 22-30 weeks?
Many thanks again for your help
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- Gordon
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6 years 5 months ago #200062 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal and papers received back from HMCTS/DWP
Pete
If there is no special reason why the pages have to be in colour then you could supply updated copies for example using italics or bold text rather than colours.
The panel will not agree to look at your copies during the hearing.
Again, if the pages are out of order and need to be specifically read in a particular order, then provide a document explaining the order to use using the added page numbers.
Gordon
If there is no special reason why the pages have to be in colour then you could supply updated copies for example using italics or bold text rather than colours.
The panel will not agree to look at your copies during the hearing.
Again, if the pages are out of order and need to be specifically read in a particular order, then provide a document explaining the order to use using the added page numbers.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- David
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6 years 5 months ago #200071 by David
Replied by David on topic PIP Appeal and papers received back from HMCTS/DWP
Often it is not a problem with the evidence but rather the way it was read ( or not )
In your submission the simple way is to take each descriptor one at a time, say the points you received then the points you should have received. Reference each descriptor to the page and paragraph that shows that your meet the criteria for the points for that descriptor. Lead the reader to the exact place to find the evidence so there is no mistake, make it idiot proof
In your submission the simple way is to take each descriptor one at a time, say the points you received then the points you should have received. Reference each descriptor to the page and paragraph that shows that your meet the criteria for the points for that descriptor. Lead the reader to the exact place to find the evidence so there is no mistake, make it idiot proof
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