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Tribunal Decision
- Gash_24
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10 months 3 weeks ago #285067 by Gash_24
Replied by Gash_24 on topic Tribunal Decision
Hi, as always you support is much appreciated.
I have looked at the links provided in the previous post. At the moment I don’t have the head space to cope with another person. I hope in the next few days I can start to take steps towards contacting someone.
In the meantime I have received this letter dated 31/10/2023.
About your PERSONAL INDEPENDENCE PAYMENT (NEW CLAIM APPEALS) appeal
I referred the application to the duty judge who has decided to set aside the decision the tribunal made on 31/10/2022.
I enclose a copy of the decision.
The appeal will be heard by a new tribunal. I will arrange a date for the appeal hearing shortly.
Please let me know immediately if there are any dates you are unable to come to a hearing in the next three months.
The enclosed decision mentioned in the letter are what the judge allowed last year.
Whilst I kind of understand the situation. How can this be done a whole 12 months from the original decision?
Furthermore, what would you suggest I do?
Look forward to hearing from you
Kind regards
I have looked at the links provided in the previous post. At the moment I don’t have the head space to cope with another person. I hope in the next few days I can start to take steps towards contacting someone.
In the meantime I have received this letter dated 31/10/2023.
About your PERSONAL INDEPENDENCE PAYMENT (NEW CLAIM APPEALS) appeal
I referred the application to the duty judge who has decided to set aside the decision the tribunal made on 31/10/2022.
I enclose a copy of the decision.
The appeal will be heard by a new tribunal. I will arrange a date for the appeal hearing shortly.
Please let me know immediately if there are any dates you are unable to come to a hearing in the next three months.
The enclosed decision mentioned in the letter are what the judge allowed last year.
Whilst I kind of understand the situation. How can this be done a whole 12 months from the original decision?
Furthermore, what would you suggest I do?
Look forward to hearing from you
Kind regards
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- Gary
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10 months 3 weeks ago #285090 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Tribunal Decision
Hi Gash-24
By the sound of your post, you do not have to do anything, you just have to wait for your case to be re-listed.
Gary
By the sound of your post, you do not have to do anything, you just have to wait for your case to be re-listed.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gash_24
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6 months 3 weeks ago #288741 by Gash_24
Replied by Gash_24 on topic Tribunal Decision
Hi Everyone,
My new tribunal took place last week and the decision was in my favour again, I won. However, the award was different from the original hearing. The initial hearing related to descriptor, "Mobility Activities-Planning and following journeys". The focus for the more recent tribunal was on descriptors. "Daily Living- 1, 4, 5, 6, 9, 12" no mention of the descriptor previous tribunal hearing. Whilst I understand it is a totally new hearing, surely it such have some reflection on the original hearing. So my daily living component has gone from standard to enhanced and is being back dated. Would I qualify for back payments of the cost of living allowance? As I did not previously fit the criteria but with the new award it does cover this period.
It may sound like I am being ungrateful here but I'm really not. There have been so much mix up throughout this whole process I just need some reassurance and guidance that this is correct.
Your guidance would be much appreciated as to whether I accept or challenge the new decision.
Kind Regards
My new tribunal took place last week and the decision was in my favour again, I won. However, the award was different from the original hearing. The initial hearing related to descriptor, "Mobility Activities-Planning and following journeys". The focus for the more recent tribunal was on descriptors. "Daily Living- 1, 4, 5, 6, 9, 12" no mention of the descriptor previous tribunal hearing. Whilst I understand it is a totally new hearing, surely it such have some reflection on the original hearing. So my daily living component has gone from standard to enhanced and is being back dated. Would I qualify for back payments of the cost of living allowance? As I did not previously fit the criteria but with the new award it does cover this period.
It may sound like I am being ungrateful here but I'm really not. There have been so much mix up throughout this whole process I just need some reassurance and guidance that this is correct.
Your guidance would be much appreciated as to whether I accept or challenge the new decision.
Kind Regards
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- BIS
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6 months 3 weeks ago #288768 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Tribunal Decision
Hi Gash_24
Your question is outside the remit of this forum. According to this government paper I found, it looks as if you could, but you would need to raise this with the DWP.
researchbriefings.files.parliament.uk/do...BP-9616/CBP-9616.pdf
BIS
Your question is outside the remit of this forum. According to this government paper I found, it looks as if you could, but you would need to raise this with the DWP.
researchbriefings.files.parliament.uk/do...BP-9616/CBP-9616.pdf
BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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