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TOPIC: Working on two DWP appeals at the same time!

Working on two DWP appeals at the same time! 10 months 1 week ago #200903

Hello, I find myself in rather a difficult situation. Last year, I lost my ESA award and have been anxiously awaiting a tribunal hearing which is next Friday, finally.
However, I received a letter dated 26th October to say that my daughter has been turned down her claim to move from DLA to PIP, since turning 16. The lady that visited our home was just awful and dismissed everything for 0 points.

I am trying to prepare for my ESA appeal tribunal hearing and this is stressful enough, but also I gave notice on the 7th November on the phone, to request a Mandatory Reconsideration for my daughter who had to come on the phone and confirm this with the department in order to set the process off running.
We will be following this up in writing, however, what I am thrown by is what the lady from DWP said on the phone. She said that the phone call resets the clock, and that we now have a month from the call to get in all the evidence we need to support the Mandatory Reconsideration.
I question this, because I was under the impression from my ESA appeal that everything has to be in a month from the date on your decision letter? I am aware that some of the information can be questionable and misleading and just wanted to double check.

If someone could please shed some light on this for me, I would be grateful, because obviously, I could use the extra time to prepare with the ESA tribunal overlapping with this.

One more thing, if I may. Does anyone know if it is possible for my daughter's disability/pip payments to continue during appeal as I was told they would stop on the 21st of this month? I ask this because my ESA was reinstated during appeal. I know it is different because there is a chance we would be overpaid if the PIP claim is not overturned at appeal, but just wondered if there was a chance this could happen.

The problem is not so much the loss of my daughter's DLA, because this is only £22 a week at low rate, rather, it is the loss of the disability element of child tax credits which is a much bigger chunk of our family income each week.
We have already been down £30 a week, every week, since October last year with the ESA turned down, and now the loss of tax credits and DLA will reduce our income by a further £82 a week. It is very stressful.
I really appreciate any input anyone has on the matter.
Thank you for your time.

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Working on two DWP appeals at the same time! 10 months 1 week ago #200939

Jane

It is normal for the DWP to allow a further 28 days for a claimant to submit more evidence as part of their MR, providing that they have told the DWP that this is what they will be doing. The time includes postage and getting to the right person, so send the information as soon as you can and not mere than 21 days rather than the 28 given.

As to your appeal, whilst technically you are required to have sent your submission to the Tribunal Service within 28 days of the date on the letter accompanying the DWP's submission, in reality you can continue to submit information up to about two week before your hearing.

Unlike ESA, which is an income replacement benefit and therefore allows the claimant to receive payment whilst waiting for a hearing, PIP makes no payment during the MR and appeal processes, if successful then your daughter will receive back payment of any award from the day after her DLA stopped,

Gordon

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

Working on two DWP appeals at the same time! 10 months 1 week ago #201221

:) :( Gordon, I cannot thank you enough for all your help. You have continued to offer support throughout this last year and I am finally hours away from my tribunal hearing. As nervous as I am, I wish it was right now, I just want this over with now. I can't eat and can't sleep for thinking about it.

May I ask one small thing?

My partner is coming along with me for support due to my severe social phobia. I pressed and pressed for this to be decided on the papers alone, but the tribunal was twice adjourned due to the decision being inconclusive, so of course now I have to go to the hearing which puts me directly in a social setting, the kind I try very hard to avoid. I am angry that I have been asked to come in, but I realise this is my only chance to have my say. It is just so hard for someone like me and I hope I can get that across to them.
I will be taking notes in with me to help me remember what it is I want to bring up.
However, my partner is concerned about what is expected of him at the hearing. Is he allowed to interject or must he wait to be asked to speak. Can he prompt me or remind me of things? We have never had this experience before and don't know how to behave in such a situation. Can he speak freely or will this be seen as disruptive?

Thanks again for all your help. Nearly at the end of the road now. Hope there's a good outcome after all this time.

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Working on two DWP appeals at the same time! 10 months 1 week ago #201233

Jane

The panel will be directing their questions at you, your husband should be offered an opportunity for him to add any content that he thinks is relevant at the end.

He should avoid interjecting if he can, it will depend on the Judge on the day but this is usually frowned upon, however, if he believes that the information you have supplied in answer to a question is significantly incomplete or wrong then he should raise it as an issue with the Judge, he should also make a note of it so that he can re-visit when he gets a chance to speak.

However, I the judge says shut up, then he must be quiet or he risks being asked to leave the hearing.

You mention that you are only attending because you have to, you might want to make a point of emphasising this if asked, the Descriptors refer to social interaction and you can rightly claim that the hearing does not fall into this category, also that the anxiety that would result from your losing your appeal is greater than that you would normally experience from having to go out.

best of luck

Gordon

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Working on two DWP appeals at the same time! 10 months 5 days ago #201467

Gordon, I won!
0 points to 24 and support group too. He also requested that I not be reviewed for at least 2 years due to stress. Really thrilled with the outcome. I was literally terrified and had all on to get myself into the building. It was a really forum location and I was incredibly overwhelmed.

I didn't have to talk very much at all. My distress at being there, was obvious and I think they knew that I was suffering as they told me to go and sit outside again, and within minutes, asked me back in to tell me the good news.
Again, thank you so much for you help. This site has been crucial to winning my case. I have learned so much. Now, I can work on my daughter's PIP case with a clearer head.
Best wishes. :lol:

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Working on two DWP appeals at the same time! 10 months 4 days ago #201499

Jane

That's terrific news, congratulations and well done.

Gordon

tags: @RESULT @ESA @APPEAL

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