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PIP Written Appeal Submission Completed
- MarieMarie
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Finally I am attending the hearing with the claimant as support and witness will I be able to make a statement or provide further evidence by asking the claimant to address the tribunal with something he may have missed?
Thanks again as always,
MM
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- Gordon
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MarieMarie wrote: Well the written submission has gone in the post today and 2 weeks today we will be attending the appeal
so just wishing to know how often the DWP representative actually attends a hearing? Do you get advance notice if they are to be attending?
Finally I am attending the hearing with the claimant as support and witness will I be able to make a statement or provide further evidence by asking the claimant to address the tribunal with something he may have missed?
Thanks again as always,
MM
It is still unusual for a DWP Presenting Officer to attend an appeal, you won't know until you arrive for the hearing. They often attend for one hearing and sit in on the rest of the hearings for that day, so even if one attends, it may not be specifically for your hearing.
You should be allowed to speak at the hearing, but it will be at the discretion of the Judge.
Gordon
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- MarieMarie
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Well the Appeal hearing is nearly here this coming Monday ! I have checked and the written submission arrived with the courts on Friday just gone. This will be read by the Tribunal prior to the hearing ? as it really does some up everything and I can't help but worry in case on the day something may get missed .
I understand that the judge will directly ask questions to the claimant but with his dissability he has trouble referring/reading evidence etc has a vision tremor so should he wish to point anything out to the judge will th claimant be able to say at the beginning of the hearing I may need prompting or assistance from my support/witness. I have not put myself down as a representative as they implied this was more for in a formal legal capcity and a friend or support might do more harm than good.?
We should get the result on the day?
If not happy we ask for a Statement Of Reasons?
Should we be successful is PIP back dated and when from point of claim or when his DLA stopped?
Sorry but seeking reassurance after this most traumatic 7 months.
Thanks Again For All Your Help.
MM
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- Gordon
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Yes the claimant can explain at the beginning of the hearing that they may need your assistance in replying to the questions, but it will be at the discretion of the Judge and you need to be mindful of not interrupting and of not providing information when it is not required. My wife attended my appeal and was politely but firmly told to shut up!
It is quite common for the Decision not be available on the day, this is due to the number of hearings and there being no time to perform the necessary admin, so don't be surprised if they have to post it on.
If the claimant is not happy with the Decision then there is an option to request a Statement of Reasons. If no award has been made then there is nothing to lose by doing this, but if one has been made then some thought should be given to this before proceeding as the DWP will get a copy as well and whilst you may decide that there is no point in a further appeal, the DWP may decide otherwise and make their own.
If the claim was a "transfer" rather than a new claim for PIP then back payments will only be made from the day after their DLA stopped, this will be the case whether the PIP award is less or more than the DLA one was.
Gordon
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- MarieMarie
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Well my partner had his tribunal appeal on Monday , we were in there for well over an hour and it was not a nice experience.
Their biggest concern seemed to be the huge difference between points awarded by the DWP to what we believed were correct by applying the self test.We supplied a through written submission to support and vaildate the descriptors which both the dissabilitiy spoke person and the judge on the tribunal panel confirmed was in depth. My partner explained pain , stamina ,safety and inability to repeat activities when applying descriptos to himself . I was allowed to speak in a judge kind of way as when I started to quote parts of the legal test etc and how the HP had misleadingly and innaccurately recorded things on his medical report she stopped me saying she had enough informaton . So to be honest we thought we had he sale so to speak and left the room for the result.
When we were callede back in award notices were sitting in front of both myself and my partner . Mine was quickly removed by the judge as she realised I was just support and not a representative . My partner could not really read it as part of his condition and she just rattled off no care but you have standard mobility. In a nutshell we had previously been awared 4 points then 2 points after MR . After appeal total of 16 points 10 mobility & 6 care just enough to be under 8 points . It is a complete fass but we are both totally exhausted from the experience so wish to have a break but just wanted to check what is the best way forward. My partner forgot to ask for statement of reasons and I was not allowed to and not sure if it was the best thing to do as DWP might appeal ad remove mobility award, however his earlier dla award was for middle care and lower mobilty. Please advise.
Thanks again for all your help.
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- Gordon
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You can only take this forward if you can show that there has been a Error of Law in the proceedings, not because you disagree with the result. See
What is an Error of Law?
The first stage of the process is to request a Statement of Reasons from the Judge, as you have already realised, doing this would allow the DWP to appeal the new award as well, however, they can only do this on the basis of an Error and even then they may decide that that they do not pursue the matter.
Tribunals – Requesting a Statement of Reasons
Gordon
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