Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1
  • 2

TOPIC: Advice on making a complaint to HMCTS and DWP

Advice on making a complaint to HMCTS and DWP 3 weeks 1 day ago #200370

Hello
I am looking for a pro forma or advice on how to make a complaint to HMCTS and DWP about cancelling my appeal half a working day before it was due to take place. My DLA was stopped in March when I was refused PIP, my Mandatory Reconsideration was turned down and my appeal was set for the 30th October. HMCTS telephoned on Friday 27th October in the afternoon to inform me that the appeal had been cancelled because the medical expert on the panel had withdrawn.
I have now received a letter giving me a provisional date of 27th November for the appeal but with no guarantee that this will not be cancelled. In the meantime, I am in great difficulties financially and the whole situation is impacting adversely on my physical and mental health..

Advice would be welcomed. I have been told by a disability advice service that the DWP can find in my favour without a tribunal and I wondered if my complaint was compelling enough whether it would make this more likely.

Please Log in or Create an account to join the conversation.

Advice on making a complaint to HMCTS and DWP 3 weeks 1 day ago #200380

Jill

Are you sure you want to make a complaint about this, it's difficult to see what else the Tribunal Service could have done in the circumstances, the panel for a PIP appeal must have three members to be properly convened.

If you want to go ahead then have a look at the following

Complaining to the Tribunal Service

I'm not sure why you want to complain to the DWP as well, based on your post it is nothing to do with them.

I'm afraid that a procedural complaint will have no impact on the DWP making a revised Decision in advance of the hearing.

Gordon

Please Log in or Create an account to join the conversation.

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

Advice on making a complaint to HMCTS and DWP 3 weeks 1 day ago #200398

Yes, I do want to complain because I've been without any benefit since March and the amount of notice they gave me is not really acceptable.
I'm complaining to both HMCTS and DWP because you have to do that and see if they resolve the issue before you can then make a complaint to the Parliamentary and Health Ombudsman.
I would be interested to know why you do not think it a good idea to complain. My health is being very much compromised by the length of time without any money.
The Tribunal service did say that I could have the hearing with the judge and the DWP representative only but this did not seem a good idea as the original assessment was carried out by a health care professional who seemed to have no knowledge of T1 diabetes at all.

Please Log in or Create an account to join the conversation.

Advice on making a complaint to HMCTS and DWP 3 weeks 1 day ago #200399

Jill

As I said, it is difficult to see what other choice the TS had if the doctor was not available.

I still don't understand why you are involving the DWP, this is a Tribunal Service issue only.

It is of course up to you.

Gordon

Please Log in or Create an account to join the conversation.

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

Advice on making a complaint to HMCTS and DWP 3 weeks 14 hours ago #200409

Because, as I said before, those are the prerequisites for making a complaint to the Parliamentary and Health Ombudsman. The issue for me is that being without any financial help to fund my CGM, I am having very bad hypos, a near fatal one recently. I was advised to make a complaint because the waiting time for those of us waiting, on no benefits, for an appeal, is unacceptable. The whole process has been flawed. I was also told that the Tribunals service have a huge backlog of appeals because of the incorrect assessment process and the reason for this lies with the DWP.

I would very much like to know what you suggest I do? You seem against the idea of making a complaint but you haven't explained your reason for this so I am at a loss as to how to proceed other than just wait it out, which is damaging.

I was hoping for some advice as I thought there would be other people in the same kind of situation. The way things are now, I could wait months and months for another hearing and to be frank, I do not know how I will survive for that long. I can no longer self manage adequately without any financial assistance at all.

Please Log in or Create an account to join the conversation.

Advice on making a complaint to HMCTS and DWP 3 weeks 7 hours ago #200423

Jill

First of all, if you want to make a complaint then do so. I am most certainly not saying that you should not.

However, it strikes me that if you are hoping for a re-arranged hearing at the earliest opportunity, then doing so may not help you.

Have you considered using the cancellation as leverage on the Tribunal Service, tell them about your financial difficulties, perhaps the cancellation has exacerbated your conditions and made your health worse.

Gordon
The following user(s) said Thank You: Jill

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
  • 2
Moderators: bro58GordonMrs Hurtyback