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PIP mandatory reconsideration rejected - now tribunal, confused what's happening

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2 years 5 months ago #272901 by M
Hello,
My PIP got rejected at the mandatory reconsideration stage because I wasn't able to submit my documentation (written evidence/statement/medical evidence etc in time), so it has gone to the tribunal stage.

I filled in the information online for the tribunal as soon as I got the official letter from DWP saying the MRN was rejected.

Since, then I have only received a letter from the HM Tribunal stating that:
* My PIP appeal has been lodged with the tribunal. We have told DWP that you're appealing against their decision.
* What happens next - DWP has to respond to your appeal by 17th August 2022. You'll receive another letter when they have responded. You may want to wait until you have read the information that DWP sends when they respond to your appeal.

1. What does this mean?
2. Does it mean if I give my documents and evidence to DWP before the 17th August (same stuff I'd give to the tribunal) that the DWP will look at it? Or do I just send the evidence straight to the appeal people?
3. Is it possible at this point the DWP can still award me PIP without it having to go to tribunal?

I'm just really confused at what stage of the process I am in right now and would appreciate any help please.

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2 years 5 months ago #272939 by greekqueen
Hi M, if you have any evidence you still haven't sent, you can still send it to the tribunal.

You may or may not get a phonecall from PIP with an offer, then this will depend whether you accept their offer, if you don't the tribunal will still go ahead.

You can email the tribunal service too if you have any questions about your case

Good luck

Greekqueen

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

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2 years 5 months ago #272945 by LL26
Hi M,
When you lodge an appeal, DWP are notified. They have 1 month to prepare and send out the appeal papers, often called appeal bundle. The bundle comprises all the case papers so claim form, decisions, MR, assessment report any evidence you have sent in etc etc.
DWp have a duty to consider any new evidence sent in. Often people send in arguments (submission) or eg further medical evidence. DWP shoukd look at these and decide whether it affects their decision. Usually the decision is unchanged but I have had cases where DWP has revised its decision even st this late stage. That might lead to a phone call with an offer.

The papers get sent to the tribunal and to you. Even if you have already sent in a submission and or further evidence, you wish to clarify something or add information once you read all the case papers in the bundle. If you have previously (recently) had DLA ESA or PIP then there could be copies of assessments and decisions on these. This is relevant to show a continuity of disability, and moreover if you have had previous benefits especially PIP then this is important as DWP will have to show an actual change of health not just a new opinion in a report!

You can submit more information realistically until 2 weeks before the hearing. This gives plenty of time as unfortunately there are quite significant delays in getting a hearing date. If you are unrepresented and realise you have forgotten to send something or explain, it is likely that the tribunal will accept this on the day, as long as its only a page or two. Worse scenario is they adjourn the case, annoying, but not the end of the world!
Anything extra from now on should be sent to the tribunal address, this is either email or post. The address is normally on the confirmatory email that you got if you left an email address as a contact whilst filling on the online form. If not you may get a posted letter of confirmation or alternatively there will be contact details on the covering letter when the bundle arrives. Make sure you include your full name and the appeal ref no on anything you send.
I hope this helps.
Good luck.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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2 years 5 months ago - 2 years 5 months ago #272946 by LL26
Hi M,
When you lodge an appeal, DWP are notified. They have 1 month to prepare and send out the appeal papers, often called appeal bundle. The bundle comprises all the case papers so claim form, decisions, MR, assessment report any evidence you have sent in etc etc. DWp have a duty to consider any new evidence sent in. This can be done now or later. If done now, then it will get placed into the bundle as it gets prepared. Otherwise the papers will be sent out to everyone as additional evidence to be attached as further pages at the end if the bundle.

Often people send in arguments (submission) or eg further medical evidence. DWP should look at these and decide whether it affects their decision. Usually the decision is unchanged but I have had cases where DWP has revised its decision even at this late stage. That might lead to a phone call with an offer.

The papers get sent to the tribunal and to you. Even if you have already sent in a submission and or further evidence, you wish to clarify something or add information once you read all the case papers in the bundle. If you have previously (recently) had DLA ESA or PIP then there could be copies of assessments and decisions on these. This is relevant to show a continuity of disability, and moreover if you have had previous benefits especially PIP then this is important as DWP will have to show an actual change of health not just a new opinion in a report!
You can submit more information realistically until 2 weeks before the hearing. This gives plenty of time as unfortunately there are quite significant delays in getting a hearing date. If you are unrepresented and realise you have forgotten to send something or explain, it is likely that the tribunal will accept this on the day, as long as its only a page or two. Worse scenario is they adjourn the case, annoying, but not the end of the world!
Anything extra from now on should be sent to the tribunal address, this is either email or post. The address is normally on the confirmatory email that you got if you left an email address as a contact whilst filling on the online form. If not you may get a posted letter of confirmation or alternatively there will be contact details on the covering letter when the bundle arrives. Make sure you include your full name and the appeal ref no on anything you send. Keep copies!
I hope this helps.
Good luck.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 2 years 5 months ago by LL26. Reason: Omission.

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