Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

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. Our mailing list is securely managed by icontact in the US.

150 additional presenting officers are being recruited and trained by the DWP as it becomes ever more desperate to improve its success rate at personal independence payment (PIP) and employment and support allowance (ESA) tribunals.

In a written statement earlier this month Sarah Newton, the new minister for disabled people, revealed that presenting officers currently attend 23% of all first tier PIP tribunals, but the aim is to increase this to 50%.

No figures were given for ESA tribunals.

The news confirms figures given in the Office for Budget Responsibility’s (OBR) “Economic and Fiscal Outlook” document in March 2016:

“£22 million to DWP to recruit presenting officers across 2016-17 to 2017-18 to support the department in personal independent payments and employment and support allowance tribunals.”

The fact that the government is funding representation at tribunals for the DWP is particularly cynical given the figures published earlier this month showing that the number of claimants getting legal aid to help with social security appeals has plummeted by 99.5% as a result of massive cuts to the legal aid budget.

83,000 claimants received legal help in 2012-13, before the cuts came in. This plummeted to a tiny 440 claimants in the last financial year.

Sarah Wilson’s statement in full reads:

“The Department is in the process of recruiting, training and deploying approximately 150 Presenting Officers at Personal Independence Payment (PIP) and Employment Support Allowance Tribunals in order to present the Secretary of State’s case and support the First tier Tribunal in arriving at the right decision.

“According to internal data, from April 2017 to date, the PIP Presenting Officers have attended approximately 23 per cent of PIP appeals at the First tier Tribunal. The aim is for the PIP Presenting Officers to attend approximately 50 per cent of all PIP Tribunal hearings.”

Comments  

#5 Jim Allison 2018-01-18 15:21
Argee,

Do you have a rep. I am retired moderator for B & W. & retired Welfare Rights Lawyer. I am on DLA HRM & DLA HRC, Ms being worst of my multiple pathologies. Got my my wife DLA HRM & LRC. Her HCP was a nurse and a good one. My wife is also retired nurse. Never asked for one, but got home visit. Now has PIP enhanced & care.Nurse let me prompt my wife often, unusual. We are of course both pensioners, I was over 65 in April 2013, my wife is 68, so just in transition.

Read Steve's guides, research your conditions. There is DLA guide for Tribunals in members section, still applicable to PIP. Helped with 3 more DLA to PIP, but all home visits all won.

Good luck,

Jim :-)
+1 #4 Argee 2018-01-13 19:25
P O present at my tribunal hearing 3rd Jan 2018 , not the nicest of people that I have ever met in my advancing years , however I have always found HMCTS staff Judge, Doctor and this time on the panel an Independent Disability adviser to be fair an impartial , Questions asked from the Dr and Disability adviser , the PO summed up that she thought I was capable and the points already awarded was sufficient , being last to speak I pointed out a number of valuable important key factors about the report from the assessor and the decision maker who effectively only converts the descriptor choice of the assessor into the points tally (if any) and their flippant comments made in their responses and that upon receipt for MR the subsequent DMs have just simply rubber stamped the decision of previous DMs , we were sent out to wait and after 15 mins re -called I was granted further points to qualify for Standard Rates PIP Mobility and Daily Living Activities with the decision notice issued , as my companion and I left the room the PO mentioned to the judge/panel she needed to stay behind to talk about something I glanced at her and she blurted not about this case , My companion and I could determine on our way back to the car that she appeared to be less than pleased by the result , DWP then inform me by letter a few days later , they are not awarding me the benefit as they now want a Statement of Reasons (SoR) as to why it was decided to award me benefit and they might apply to the U T T . I found their letter to be some what intimidating , I think it would be wise to send an account of my dealings with DWP Capita ( the assessor) and this PO to the shadow Secretary of DWP Debbie Abrahams , how much more cruelty and abuse does sick ill disabled and dying people have to endure with this unfair system ? and now with Evil Esther McVey back at the helm of DWP we need all hands to the pumps I think .
#3 Jim Allison 2017-12-01 18:39
This a significant change to when I sat on DLA/AA Tribunals from 1994
to 2005. We were lucky if we had one or two in a year in the North West, the area that I sat as a Tribunal Member. Members should be aware that legally, a Presenting Officer although working for the DWP, their role is supposed to be 'amicus curiae' which literally means 'friend of the court'. A PO attends a tribunal as the Representative of the Sec of State for Work & Pensions. A good PO who knows their stuff can be an asset to both the Appellant and the Tribunal. From my experience most PO's were 'adversarial' when their role should have been 'inquisitorial' . Again, most PO's that were present at Tribunals that I sat on saw their role as winning the case for the DWP.

It's good to hear that 150 new PO's will be recruited and trained by the DWP. Let's hope the training includes that their presence is NOT to win the case for the DWP, but to make sure that Appellants get a fair hearing. I doubt that their attitude will change in my opinion and experience.
+2 #2 Deeanne Stripe 2017-11-29 09:57
I have been representing clients now for approximately 5 year and never had anyone from the DWP turn up until recently when I had one at an ESA and another at a PIP Tribunal.
The lady for the ESA was actually very compassionate and admitted their error in the allocation of points - the PIP was another matter!
She applied the regulations incorrectly, was judgemental and was more interested in trying to find a reason to remove the clients CA than disallow her the PIP!! The judge was also very biased and favored the DWP totally. My client was left in tears feeling like a criminal and as much as I wanted to take to the UtT she did not want me too.
I will now always be prepared for DWP representation
+2 #1 fil501 2017-11-29 09:24
A Presenting Officer appeared at my PIP Tribunal in June. She was a pleasant enough young woman in her twenties, but a complete waste of public resources. She barely uttered a word, and the few words she was forced to speak lacked confidence or understanding. After a decision in my favour was made the Judge liased with her regarding the award dates and she provided incorrect dates. Absolutely useless!

You need to be logged in to comment