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Advice on pip tribunal appeal would be great fully recieved!
- Catherine
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5 months 3 weeks ago #291700 by Catherine
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Catherine on topic Advice on pip tribunal appeal would be great fully recieved!
Hi BoneYardFarm,
I would not doubt your terrible experiences with the Tribunal service for one moment and I am really sorry that it happened that way for you.
However, for the sake of our members who are thinking of going down that route, many people do have a reasonable experience. I can assure that the DWP do not challenge all decisions which do not go in their favour.
I was at a Tribunal hearing last week and my client had been able to get an additional bit of evidence - a letter from her GP requesting that the Panel awarded her PIP and giving reasons. She got this just a couple of days before the hearing so we took it with us. I passed it to the Court Official who greeted us in the waiting room asking if we could submit it. She then asked the Judge who agreed, and two copies were taken, one for the Judge and one for the DWP presenting officer who was there.
I know this does not dilute your terrible experience, but I just wanted to say that yours was in my experience an unusually bad one, and in my experience not typical.
Best wishes
Catherine
I would not doubt your terrible experiences with the Tribunal service for one moment and I am really sorry that it happened that way for you.
However, for the sake of our members who are thinking of going down that route, many people do have a reasonable experience. I can assure that the DWP do not challenge all decisions which do not go in their favour.
I was at a Tribunal hearing last week and my client had been able to get an additional bit of evidence - a letter from her GP requesting that the Panel awarded her PIP and giving reasons. She got this just a couple of days before the hearing so we took it with us. I passed it to the Court Official who greeted us in the waiting room asking if we could submit it. She then asked the Judge who agreed, and two copies were taken, one for the Judge and one for the DWP presenting officer who was there.
I know this does not dilute your terrible experience, but I just wanted to say that yours was in my experience an unusually bad one, and in my experience not typical.
Best wishes
Catherine
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- BoneYardFarm
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4 months 1 week ago #293195 by BoneYardFarm
Replied by BoneYardFarm on topic Advice on pip tribunal appeal would be great fully recieved!
Well we finally have good news… I think!! So if someone can elaborate and put my partners mind at ease (and mine) I would appreciate it!
At our hearing via video link today the DWP presenting officer “conceded they got the decision wrong on her mobility and will change that from march 2019”
They also “conceded that they got the daily living, question 9 (engaging face to face) incorrect as she was down as 9a (O points) and should have been 9e (8 points) from the same date of March 2019” on the surface this a great result. However, the Judge stated and I quote “the final decision rests with the panel”
Does this mean she has won outright as the DWP presenting officer conceded both points and will the Judge go along with this or will he say different? He wouldn’t elaborate on this only stating “The final decision rests with the panel and we will get their decision in writing shortly”
We don’t really understand if she’s won and will get her award backdated to the date the DWP conceded they had got wrong or if the Judge will say different!
After the initial shock of being told the DWP had conceded on both points it occurred to me we still don’t really know! If anyone can throw some light on this we would greatly appreciate it.
Thanks
At our hearing via video link today the DWP presenting officer “conceded they got the decision wrong on her mobility and will change that from march 2019”
They also “conceded that they got the daily living, question 9 (engaging face to face) incorrect as she was down as 9a (O points) and should have been 9e (8 points) from the same date of March 2019” on the surface this a great result. However, the Judge stated and I quote “the final decision rests with the panel”
Does this mean she has won outright as the DWP presenting officer conceded both points and will the Judge go along with this or will he say different? He wouldn’t elaborate on this only stating “The final decision rests with the panel and we will get their decision in writing shortly”
We don’t really understand if she’s won and will get her award backdated to the date the DWP conceded they had got wrong or if the Judge will say different!
After the initial shock of being told the DWP had conceded on both points it occurred to me we still don’t really know! If anyone can throw some light on this we would greatly appreciate it.
Thanks
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- BIS
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4 months 1 week ago #293196 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Advice on pip tribunal appeal would be great fully recieved!
Hi BoneYardFarm
After all you've been through, I don't want to say anything that I can't verify and possibly give you false hope.
The DWP don't often say they have made a mistake, so that is a very positive point. So, should you be cautiously optimistic? In all honesty - I don't know. As the judge has said, it is the panel who has the final decision - and until that letter arrives on your doorstep - I can't tell you whether they will come down on your side, partially on your side (eg - disagree on how far it should be backdated) or they disagree with the DWP altogether.
I'm sorry that I can't give you a concrete answer - and you'll be on tenterhooks until it arrives. I don't want to risk saying the wrong thing. I will be keeping all fingers and thumbs crossed for you both, that the outcome is as positive as you're hoping for.
BIS
After all you've been through, I don't want to say anything that I can't verify and possibly give you false hope.
The DWP don't often say they have made a mistake, so that is a very positive point. So, should you be cautiously optimistic? In all honesty - I don't know. As the judge has said, it is the panel who has the final decision - and until that letter arrives on your doorstep - I can't tell you whether they will come down on your side, partially on your side (eg - disagree on how far it should be backdated) or they disagree with the DWP altogether.
I'm sorry that I can't give you a concrete answer - and you'll be on tenterhooks until it arrives. I don't want to risk saying the wrong thing. I will be keeping all fingers and thumbs crossed for you both, that the outcome is as positive as you're hoping for.
BIS
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