DLA not responding to Tribunal request

DLA had not responded to tribunal request as to why they stopped my DLA, refused to receive my PIP form as was very late due to ill health. DLA has sent a new PIP form to complete. Tribunal Service are saying DLA failed to respond to their request for information in the correct timeframe and so have applied to a judge to ask for direction how to proceed. Tribunal Service state no contact so far at all from PIP. PIP say they have written to the Tribunal Service to ask for longer to process their information which they will then send to them. Meanwhile PIP have send me a completely new PIP form and asked me to complete, they say if I fail to do so they will inform the Tribunal of this fact. Any ideas about the correct path to follow?

Thank you for your answer. The scenario was i had a total of nine graciously approved extensions, attempted home visits also but was so unwell over the past year could not get pip to the dwp on time, but there was a procedural error which they admitted which was that they advised me of the wrong cut off date for return.

They sent me an apology letter and admitted procedural error. I got caught up in that complaint and due to stress and ill health was not able to send the pip within the mandatory reconsideration period. As it was the pip would not have reached them on time so i did not send to them. They still however approved the right to first tier tribunal and sent me the appropriate application which i sent to the first tier tribunal service and they accepted it and the dwp has just now apparently sent over to them the reasons they stopped my dla and refused my pip.

At no point did anybody in the dwp tell me that after my dla was disallowed that i would have to complete a new pip. After all they have never seen my original pip. The clerk to the tribunal has said i should send all documents to the court ie my pip 2 form and all medical evidence.

However, the dwp sent me another pip to complete before the judge has responded to the first tier tribunals concerns that the dwp were not folliwing correct procedure and did not send any documentation to them regarding reasons for disallowing both dla and pip. Sorry i know its confusing all round. In short, a new pip form sent from the dwp, while i was waiting for the judge to instruct the tribunal service on how to proceed as the dwp had sent no documents to them whatsoever and two clerks actually told me that it was not the right thing to do to fill that new pip form in.

The dwp themselves could have explained the whole thing to me easily but they did not. I now have to wait to find the judges decision, whether the dwp have asked for a time extension and for what reason and the course of action the judge tells the dwp to follow. At no point did the dwp tell me that i could have my dla re instated if i had good cause and reason for being late with pip return, in fact they told me the opposite.

This is probably even more confusing for you!!!! Apologies. Even with all the information on your website and access to the internet there are still some questions i cannot find the answer to. I find the forums difficult to access, just my lack of pc ability i suppose but thank you for your time. I really need to know - can i go to tribunal even though the dwp have never seen my pip2? They stopped my dla before the cut off date they gave me so that was a procedural error but they only apologised and said it would not be re in stated.

Then they said they had applied for extra time i thought this was to send paperwork over to the tribunal service but now am wondering if they meant to send me a new pip form.. If this is the case they could have explained this to me in the many telephone calls between myself and them and in the letter they sent with the new pip2.

They never mentioned the tribunal service in this letter so i supposed they were not instructed to send me a form, i thought i was merely dealing with the tribunal after my tribunal application and was very confused to receive a new pip form. I am now wondering if the correct thing to do was to fill in the new pip form whilst awaiting tribunal, but then again i did not think the dwp could act without the judge making a decision on the next move so i am flummosed.

O dear this is a muddle sorry you probably will say go to the forum!!!! Thank you for your time.

Thank you Gordon. The DWP did send me a new claim form but when I telephoned them they said it was linked to my original PIP claim and also sent me a letter stating that the form was linked to my original claim. This is the claim they refused on the grounds that my PIP2 was late.

The Tribunal Service cannot advise me whether to fill this form in or go to Tribunal. They said that now the DWP has responded with their arguments as to why they stopped my DLA the Tribunal Service do not need to be directed by their judge and therefore I can go straight to Tribunal.

I need advice as to whether I can legally go to Tribunal with my first PIP2 which has never been seen by the DWP. Can it be used as my evidence to their arguments at Tribunal or is there some legal requirement for the DWP to have seen that original PIP2 before I attend Tribunal. Of course the DWP gave me the right to go to Tribunal with their mandatory reconsideration letter, which I sent on to the Tribunals Service. Do you have any idea what is the best course of action?

Many Thanks