PIP APPEAL ADJURNMENT

Hi,

Post approved ready for claimants feedback.

Chris.

Hi Skydancingangel,
It is quite often that DWP do not produce the paperwork.
When you lodge an appeal, usually by sending in or completing online SSCS1 DWP have a month to produce the appeal papers, (often called appeal bundle,) these will be made up of the claim form, assessments, decisions, SSCS1, etc etc. You will get a copy and so does the Tribunal.
This is Rule 24 Tribunal Rules 2008
[When a decision maker receives a copy of a notice of appeal from the Tribunal under rule 22(7), the decision maker must send or deliver a response to the Tribunal—

(a)in asylum support cases, so that it is received within 3 days after the date on which the Tribunal received the notice of appeal;
(b)in—
(i)criminal injuries compensation cases, or
(ii)appeals under the Child Support Act 1991,within 42 days after the date on which the decision maker received the copy of the notice of appeal; and
(c)in other cases, within 28 days after the date on which the decision maker received the copy of the notice of appeal.
(1A) Where a decision maker receives a notice of appeal from an appellant under rule 23(2), the decision maker must send or deliver a response to the Tribunal so that it is received as soon as reasonably practicable after the decision maker received the notice of appeal.]

(2) The response must state—

(a)the name and address of the decision maker;
(b)the name and address of the decision maker's representative (if any);
(c)an address where documents for the decision maker may be sent or delivered;
(d)the names and addresses of any other respondents and their representatives (if any);
(e)whether the decision maker opposes the appellant's case and, if so, any grounds for such opposition which are not set out in any documents which are before the Tribunal; and
(f)any further information F54 ... required by a practice direction or direction.
(3) The response may include a submission as to whether it would be appropriate for the case to be disposed of without a hearing.

(4) The decision maker must provide with the response—

(a)a copy of any written record of the decision under challenge, and any statement of reasons for that decision, if they were not sent with the notice of appeal;
(b)copies of all documents relevant to the case in the decision maker's possession, unless a practice direction or direction states otherwise; and
(c)in cases to which rule 23 (cases in which the notice of appeal is to be sent to the decision maker) applies, a copy of the notice of appeal, any documents provided by the appellant with the notice of appeal and (if they have not otherwise been provided to the Tribunal) the name and address of the appellant's representative (if any).
(5) The decision maker must provide a copy of the response and any accompanying documents to each other party at the same time as it provides the response to the Tribunal.

(6) The appellant and any other respondent may make a written submission and supply further documents in reply to the decision maker's response.

(7) Any submission or further documents under paragraph (6) must be provided to the Tribunal within 1 month after the date on which the decision maker sent the response to the party providing the reply, and the Tribunal must send a copy to each other party.

This shies there us 28 days as I have underlined in the copy above and what information must be included.

I wasn't clear whether it was just you who had no papers, or no one had the papers?
If the tribunal had no papers then they should NOT have listed the case for hearing!
If you wanted to, you could complain to both DWP and or Tribunal. Clearly there is fault on both sides here. I guess that you could complain about the distress and anxiety caused and the delay. Furthermore, ask fir a full explanation as to why thus problem has occurred and more to the point why the tribunal didn't spot the error! And what assurances could both tribunal and DWP to ensure the hearing will go ahead next time. You could ask for compensation, again you probably won't get anything but you might.
I hope that you don't have to wait to long for the new hearing.
LL26