- Posts: 16
× Members
PIP Appeal Wait
- Jill
- Topic Author
- Offline
Less More
10 years 8 months ago - 10 years 8 months ago #124725 by Jill
PIP Appeal Wait was created by Jill
My son's PIP appeal for the mobility element was lodged 8 weeks ago with the courts and tribunal service. They and we are yet to get a response from the DWP even though the guidelines state they have 28 days in which to do so. After a phone call to the PIP helpline today they say it is still awaiting action. The court says they have asked for a response within 14 days from September 1st. If this is not forthcoming then they may pass it to a judge for consideration.
Has anyone else had any experience of how the appeals process is working as it seems highly unsatisfactory?
Has anyone else had any experience of how the appeals process is working as it seems highly unsatisfactory?
Last edit: 10 years 8 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51284
10 years 8 months ago #124731 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP Appeal Wait
Jill
As of the last HM Courts & Tribunal Service report there had only been 4 PIP appeals lodged and none of them had come to court, they were either withdrawn by the claimant or lapsed by the DWP after they changed their Decision in favour of the claimant. so at this time we only have a very limited view of the PIP appeal process.
However, the PIP appeal process is no different from what it was with DLA or indeed any other Social Security Benefit and is regulated by law.
Both parties have one month to prepare and submit there case to the Tribunal Service, in reality the TS has not held claimants to this rule, as an aside (to anybody reading this with an appeal in the works), waiting times have come down significantly and we recommend everyone should be aiming for the one month in case you are caught out. Unfortunately the MR process has not helped, as it clouds exactly when the DWP have received the appeal and their one month starts.
It's difficult to offer any advice at the moment, to a considerable extent you will need to wait and see what happens, however, even if the DWP presented no case, this does not mean that your appeal will be successful, you still need to provide testimony and evidence that shows that you meet the criteria sufficiently for the award you are looking for, so don't become distracted by what is or is not happening with the DWP.
Best of luck
Gordon
As of the last HM Courts & Tribunal Service report there had only been 4 PIP appeals lodged and none of them had come to court, they were either withdrawn by the claimant or lapsed by the DWP after they changed their Decision in favour of the claimant. so at this time we only have a very limited view of the PIP appeal process.
However, the PIP appeal process is no different from what it was with DLA or indeed any other Social Security Benefit and is regulated by law.
Both parties have one month to prepare and submit there case to the Tribunal Service, in reality the TS has not held claimants to this rule, as an aside (to anybody reading this with an appeal in the works), waiting times have come down significantly and we recommend everyone should be aiming for the one month in case you are caught out. Unfortunately the MR process has not helped, as it clouds exactly when the DWP have received the appeal and their one month starts.
It's difficult to offer any advice at the moment, to a considerable extent you will need to wait and see what happens, however, even if the DWP presented no case, this does not mean that your appeal will be successful, you still need to provide testimony and evidence that shows that you meet the criteria sufficiently for the award you are looking for, so don't become distracted by what is or is not happening with the DWP.
Best of luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David