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Pip Tribunal
- Gaddy
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2 years 11 months ago #267367 by Gaddy
Replied by Gaddy on topic Pip Tribunal
Thank you Gary.
Justmehere- If you did accept the offer perhaps you could get some welfare rights advise
about whether it is advisable to lodge an appeal as you have a reasonably strong case to argue and could get the extra points needed.
It would give you an extra bit of thinking time if you did go that route anyway .
Sometimes the notion you can avoid future stress by accepting a lesser award and draw a line under it all- for now anyway-seems like a very attractive proposition I know.
I wish you all the best whatever you decide.
Gaddy
Justmehere- If you did accept the offer perhaps you could get some welfare rights advise
about whether it is advisable to lodge an appeal as you have a reasonably strong case to argue and could get the extra points needed.
It would give you an extra bit of thinking time if you did go that route anyway .
Sometimes the notion you can avoid future stress by accepting a lesser award and draw a line under it all- for now anyway-seems like a very attractive proposition I know.
I wish you all the best whatever you decide.
Gaddy
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- Justmehere
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2 years 11 months ago #267617 by Justmehere
Replied by Justmehere on topic Pip Tribunal
Hi
Just to thank you for your replies and to provide an update.
I provided further written evidence for the descriptor they were disputing. It took a week of anxious waiting but the DWP came back and accepted my evidence and have reinstated my award in full.
After the initial call with the DWP I was thinking to take their offer. But family and friends believed that I should fight for the 1/4 of the award I was about to lose. It really helps to have the support of people who believe in you.
I spoke to a benefit advisor who knew my case and she didn't believe that I should continue to fight my case even though I had already decided to and wasn't seeking her advice on this.
It is a very hard process but I was right to appeal and I was right to fight for the full award. My thoughts are with all the others who don't feel they can appeal or don't have the support. I think many people who need this benefit will be denied it through no fault of their own.
Just to thank you for your replies and to provide an update.
I provided further written evidence for the descriptor they were disputing. It took a week of anxious waiting but the DWP came back and accepted my evidence and have reinstated my award in full.
After the initial call with the DWP I was thinking to take their offer. But family and friends believed that I should fight for the 1/4 of the award I was about to lose. It really helps to have the support of people who believe in you.
I spoke to a benefit advisor who knew my case and she didn't believe that I should continue to fight my case even though I had already decided to and wasn't seeking her advice on this.
It is a very hard process but I was right to appeal and I was right to fight for the full award. My thoughts are with all the others who don't feel they can appeal or don't have the support. I think many people who need this benefit will be denied it through no fault of their own.
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- BIS
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2 years 11 months ago #267625 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Pip Tribunal
Hi Justmehere
Many congratulations on your award and well done for fighting them on this and not just accepting what they said without disputing it. Clearly they couldn't offer the proof to counter your argument. Well done.
BIS
@RESULT @PIP
Many congratulations on your award and well done for fighting them on this and not just accepting what they said without disputing it. Clearly they couldn't offer the proof to counter your argument. Well done.
BIS
@RESULT @PIP
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- Ragnar
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2 years 9 months ago #269329 by Ragnar
Replied by Ragnar on topic Pip Tribunal
Hi Justmehere
DWP are trying there usual dirty tactic's trying it Put your MR in go through the process once you get response it's against or in favour but not what you wanted appeal it they will make you several offers before the tribunal and agood advisorGood luck. Can i add accepting a dwp offer before a tribunal is only suitable for people that hasn't been waiting for 6 months or in my case a year n' 5 Months my tribunal was on Tuesday there my advisor lol they done me submission thruw email thats all they done and said don't worry I will meet you 30 minutes before it starts to go over things they turn up 10 minutes before tribunal appeal I didn't want to go to my appeal, I wanted another date for my tribunal my advisor said no you have to turn up if you don't you'll end up with nothing, 5 mis with me than they came back and you accept DWP offer 8 living 10 mobilty standard for both as the tribunal are only offering you the same I was all over the place I want in tribunal done the basics than asked me the first only question I was trying to remember I was starting to answer i couldn't answer fast enough he said I think it would be best if you and your advisor go out and have a talk about this offer am sure my advisor didn't have a clue or was working for DWP as I told him the only thing they can get me on and not once did my advisor bring that up but turned round and said the judge is a expert in benifits am just advisor. Can I appeal to the upper tribunal after the tribunal and after accepting this offer??? Even when i was a member here i said in post will I tell my advisor. Gutted i would have done better myself and being a member here again.
DWP are trying there usual dirty tactic's trying it Put your MR in go through the process once you get response it's against or in favour but not what you wanted appeal it they will make you several offers before the tribunal and agood advisorGood luck. Can i add accepting a dwp offer before a tribunal is only suitable for people that hasn't been waiting for 6 months or in my case a year n' 5 Months my tribunal was on Tuesday there my advisor lol they done me submission thruw email thats all they done and said don't worry I will meet you 30 minutes before it starts to go over things they turn up 10 minutes before tribunal appeal I didn't want to go to my appeal, I wanted another date for my tribunal my advisor said no you have to turn up if you don't you'll end up with nothing, 5 mis with me than they came back and you accept DWP offer 8 living 10 mobilty standard for both as the tribunal are only offering you the same I was all over the place I want in tribunal done the basics than asked me the first only question I was trying to remember I was starting to answer i couldn't answer fast enough he said I think it would be best if you and your advisor go out and have a talk about this offer am sure my advisor didn't have a clue or was working for DWP as I told him the only thing they can get me on and not once did my advisor bring that up but turned round and said the judge is a expert in benifits am just advisor. Can I appeal to the upper tribunal after the tribunal and after accepting this offer??? Even when i was a member here i said in post will I tell my advisor. Gutted i would have done better myself and being a member here again.
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- Gary
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2 years 9 months ago #269428 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Pip Tribunal
Hi Ragnar
To appeal to the upper Tribunal it has to be on a point of law, and not because you do not like the decision. Remember time limits are strict.
If you think that the original tribunal (First tier Tribunal) has given the wrong decision, then you will need to ask for the Statement of Reasons AND the Record of Proceedings within one month of the decision date. Please note you should ask for the Written Statement of Reasons - often abbreviated to WSOR. (The ROP may well comprise a cd recording if this was a phone conference hearing - if so you may need to transcribe what's said, or at least write down the crucial bits and a time.)
Compare the ROP/transcript with the WSOR. There may be glaring errors. Easy things to spot are discrepancies such as in ROP poor mobility is mentioned, and later in WSOR 'claimant confirmed he had no walking difficulty'. That would be a blatant example of where an error of law has occurred. Often the errors are less obvious to spot.
Looking very carefully at the descriptors and comparing this with the WSOR is a good idea. Sometimes the original Tribunal will award no points because they have applied the wrong test. An example of this would be where the tribunal say 'he can cook because he can reheat ready meals'. This would be wrong as the test is cooking a simple meal from fresh ingredients. If you can find at least once material error of law then you can appeal.
What you need to do, once you have the WSOR/ROP, and have found the error/s of law, then you will need to apply for the First Tier Decision to be set aside and/or leave to apply to the Upper Tribunal. The Regional Judge will do through your request, and he/she may be able to agree there has been an error of law. He will then send the case back to a different tribunal panel at first tier to rehear the case. If the Regional Judge is not sure, or perhaps this is a point of law that several people have been arguing, then the case might get referred straight away to the Upper Tribunal. Unfortunately this all takes time, but of course, if you subsequently win the appeal, money will get back dated to the claim or renewal date.
There are many law centres and CAB etc that can assist with appeals from the first tier tribunal, and an advisor would be able to help draft letters, and/or represent you during the appeal, this is often free of charge. Have a look at advicelocal.uk where there are details of advice centres. Hopefully there will be one near you.
I wish you luck, and hope that you can resolve any appeal.
Gary
To appeal to the upper Tribunal it has to be on a point of law, and not because you do not like the decision. Remember time limits are strict.
If you think that the original tribunal (First tier Tribunal) has given the wrong decision, then you will need to ask for the Statement of Reasons AND the Record of Proceedings within one month of the decision date. Please note you should ask for the Written Statement of Reasons - often abbreviated to WSOR. (The ROP may well comprise a cd recording if this was a phone conference hearing - if so you may need to transcribe what's said, or at least write down the crucial bits and a time.)
Compare the ROP/transcript with the WSOR. There may be glaring errors. Easy things to spot are discrepancies such as in ROP poor mobility is mentioned, and later in WSOR 'claimant confirmed he had no walking difficulty'. That would be a blatant example of where an error of law has occurred. Often the errors are less obvious to spot.
Looking very carefully at the descriptors and comparing this with the WSOR is a good idea. Sometimes the original Tribunal will award no points because they have applied the wrong test. An example of this would be where the tribunal say 'he can cook because he can reheat ready meals'. This would be wrong as the test is cooking a simple meal from fresh ingredients. If you can find at least once material error of law then you can appeal.
What you need to do, once you have the WSOR/ROP, and have found the error/s of law, then you will need to apply for the First Tier Decision to be set aside and/or leave to apply to the Upper Tribunal. The Regional Judge will do through your request, and he/she may be able to agree there has been an error of law. He will then send the case back to a different tribunal panel at first tier to rehear the case. If the Regional Judge is not sure, or perhaps this is a point of law that several people have been arguing, then the case might get referred straight away to the Upper Tribunal. Unfortunately this all takes time, but of course, if you subsequently win the appeal, money will get back dated to the claim or renewal date.
There are many law centres and CAB etc that can assist with appeals from the first tier tribunal, and an advisor would be able to help draft letters, and/or represent you during the appeal, this is often free of charge. Have a look at advicelocal.uk where there are details of advice centres. Hopefully there will be one near you.
I wish you luck, and hope that you can resolve any appeal.
Gary
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2 years 8 months ago #269867 by Ragnar
Replied by Ragnar on topic Pip Tribunal
Hi guy's I had my tribunal on the 5th of and the state of Reasons need to be in by 3rd may tomorrow does this mean I have till they close or to midnight tomorrow?
My tribunal was a total mess from the advisor who I never met till 15 minute's before my tribunal o they done me a submission emailed me it no discussion about it after asking them to if we can meet up to discuss my tribunal o you have nothing to worry about your health and conditions haven't changed we have your medical records Al meet 3 at the tribunal 30 minutes before it starts to go over things I said i wasn't happy with that don't worry i do it this all the time, I've have been waiting since October 2020 was on enhanced for both. I got a offer from DWP on 17th February 2020 Standard 8 points living 10 points for mobility ongoing. Than another offer for the same but for 3 year's 2 day's before my tribunal I refused. The tribunal agreed with the DWP offer the Judge asked me about why I never received my scripts off the doctors I was all over the place i started to answer the question backwards I need urgent advice. Thanks
My tribunal was a total mess from the advisor who I never met till 15 minute's before my tribunal o they done me a submission emailed me it no discussion about it after asking them to if we can meet up to discuss my tribunal o you have nothing to worry about your health and conditions haven't changed we have your medical records Al meet 3 at the tribunal 30 minutes before it starts to go over things I said i wasn't happy with that don't worry i do it this all the time, I've have been waiting since October 2020 was on enhanced for both. I got a offer from DWP on 17th February 2020 Standard 8 points living 10 points for mobility ongoing. Than another offer for the same but for 3 year's 2 day's before my tribunal I refused. The tribunal agreed with the DWP offer the Judge asked me about why I never received my scripts off the doctors I was all over the place i started to answer the question backwards I need urgent advice. Thanks
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