PIP Appeal help

Hi JK,
Approximately 4 weeks after you have lodged the appeal and it has been acknowledged you should receive a bundle of papers. This is the appeal bundle. In the bundle you should have a copy of the claim form, decisions, Reconsideration letter and appeal form and copies of any evidence sent in etc etc. There should also be a copy of the assessment report.
If you have had a previous claim for PIP or even ESA/UC assessments for these can also be included.
If you have only recently sent in your appeal, your bundle should arrive in due course. If it is past 6 weeks and nothing is sent, then write to the Tribunal and complain saying yoy haven't received this and you want to request a Direction for DWP to produce the papers within 2 weeks.
Once you have the papers the important things to check will be the assessment report and decisions. Check these carefully. It is likely that the assessment comments have influenced the decision. Has the assessor ignored what you said, maybe there are glaring errors, maybe just the conclusions are wrong. Whatever the issue with the report/decision you can send in your arguments ASAP. Don’t nit pick every minute point, but try and establish 4 or 5 bullet points with the major criticisms. If there is poor grammar and spelling mistakes, you can use this as evidence to make a global comment about the lack of quality in the report.
I hope this helps.
LL26

Hi JK,
Clearly something has gone wrong here, but panic not. Yes you clearly should have received the papers ages go, but they is being resent. If the papers arrive in 20 days, frankly that doesn't leave you long to go through everything.
I suggest that you contact the Tribunal first thing tomorrow as I think they will closed now. Ask for the hearing to be put off. Explain that you hadn't had the bundle and didn't realise there was supposed to be one, and tell the tribunal that you are not sure when the replacement will arrive.(It might be earlier than 10 days, or or course post might be delayed!) Say that you are really anxious etc. You can stress that you don't feel you will get a fair hearing without seeing the papers.
If the hearing doesn't get adjourned and you either haven't had the papers or sufficient time read these and crucially criticise these, then ask again for adjournment. It is most unlikely that yoy will think you have had a 'fair trial' if the hearing goes ahead without you knowing exactly what DWP has said. The tribunal should adjourn anyway on these circumstances, but you can remind if not. If need be tell them you feel that to proceed without the papers will be a breach of Article 6 ECHR. (Right to a fair hearing.) If the tribunal then continue, it would be very likely you could appeal if you received a poor decision.
Anyhow, I'm sure the trib will agree to to reconvene, so don't panic unduly.
I hope this helps.
LL26