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Advice on pip tribunal appeal would be great fully recieved!

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9 months 3 weeks ago #287315 by Chris
Hi BoneYardFarm,

Have you got your details on the exchange home website yet ? :P Think that's what I'd be doing if I had him!

What a disaster of an MP (miniture pr*ck) to have!!

Chris

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 months 2 weeks ago #291070 by BoneYardFarm
Just a quick update, had another hearing, DWP officer had not prepared and was on another case. Even though previous judge stated the hearing would continue whether or not DWP showed up, this judge (finally the correct judge) said as DWP wanted a rep there and there were several legal points to discuss he would adjourn again. Won’t go into the ridiculous behaviour of the DWP rep as it’s pointless! So back to square one not knowing if the correct judge will hear the next one or if the Dwp will show or play games again while ignoring us and acting like we didn’t exist and insisting the judge email her boss! So again we are back to square one! Doubtful this case will be heard this year as there is always a 6-9 month gap between hearings and this has been going on since 2018!
Courts are biased against claimants, DWP dirty tricks are clearly accepted by the courts now as normal. My advice to people is don’t expect a court case to go in your favour as everything is stacked in favour of DWP, you have no right to complain (well you can but so far not had a single response to 4 letters all sent guaranteed delivery!) and their dirty tricks are not only tolerated but accepted as normal behaviour by the courts!

Question for the moderators… it’s all well and good advertising the success stories but how about dealing with the masses of us being stitched up on a daily basis by the courts and the DWP for a balanced guide! People come here and get their hopes up but the reality is VERY different! The DWP have also informed us that they now have a policy of appealing any and all decisions that go against them so the whole process is utterly pointless! Even if she wins the case the DWP will appeal against it so the question now is why are we putting ourselves through this enormous amount of stress and worry when clearly we can’t win? Particularly as the DWP are only going to appeal it regardless!!
I wouldn’t want ANYONE to go through what my partner (and myself) has and would say to anyone planning on appealing an MR to think VERY carefully before you embark down this road! I wish we hadn’t! My partner is now in the position of qualifying for higher rate of both automatically (due to hearing aids we’ve been fighting to get her for years and is part of the claim) but won’t tell the DWP as it triggers a whole new assessment and starting again so she risks losing her higher rate of mobility (and lower she’s had to fight to get for years) therefore losing the car, and therefore the ability to get to appointments, assessments etc and ending financially screwed! Yes we could appeal (again) but that could take years again so why risk it? She will just tell them in 4 years when reassessed and hope for the best! 🤷

Whole process is a f***ing joke!
The following user(s) said Thank You: Charlie, MDBond

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6 months 2 weeks ago #291084 by BIS
Hi BoneYardFarm

I'm sorry that the appeal has been postponed again - you truly have had an appalling time over this.

With regards to your question about what we report. Members are free to tell us about their bad times with the benefits system, and many do. You may think we give an unbalanced view of what happens - but we publish what people tell us. Occasionally, we don't publish because it either comes outside the remit of the forum or there is a confidentiality or data protection issue, which means we can't. Your case is one of the many cases in which you have been treated appallingly, and your case has gone on for a ridiculous amount of time. I can't say anything that would make that right or sound acceptable.

Although many people have had bad tribunals, some have been fortunate to have good understanding panels, and 78% of people do win their appeals. I understand that in no way does that make up for the 22% who lose their Tribunal or the ones that win but still have an awful experience.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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6 months 2 weeks ago #291107 by denby
Dear BoneYardFarm, can't take away a word of what you have been dealt is incredibly awful.
But many of us on here have had awful experiences, ourselves or loved ones, in the past. Then with the help of the Guides, other documents and Forum here we have done better subsequently. I'm certainly fighting on to Court; everyone's circumstances differ but as mine is a first claim, I have little to lose.
Please, out of interest, could you tell us where you got

"The DWP have also informed us that they now have a policy of appealing any and all decisions that go against them"

from? I would not be certain it was true without proof. Some of them [not all] do like to bully, which this sounds like. The judge can still choose to reject any DWP appeal anyway.

Many thanks, Denby
The following user(s) said Thank You: Charlie, LL26, MDBond, Anji

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6 months 1 week ago #291227 by MDBond
Hi BoneYardFarm

I share your frustration - I'm also having to go through the process of appealing a Tribunal hearing which was horrendous as the panel did bully me and then rejected my appeal for two reasons, one of which I have no idea what it means, so it wasn't even put to me/addressed with me in the hearing, and the other is due to my medication which is outrageous and I made clear was something that had never been discussed with me by my GP. So again something that is not in my control.

I just wanted to add that there are others on here like you and me who have, despite submitting all the right information consistently and in all the right ways, been ignored, bullied and belittled. It is awful and stressful but if you can find it within yourself, please after a month or so give yourself thanks for at least trying to fight the system. It is for every person like you that the DWP is at least given a hard time with their decisions - they need to be challenged.

I too would like to know where you got the information from that the DWP are appealing every decision that goes against them. It is weird as like Denby says, they can try to appeal all they like but firstly they need a legal basis on which to appeal.

Anyway I'm sorry to hear of your experience and I hope you'll feel better after a few weeks or months away from this awful experience.
The following user(s) said Thank You: denby, Charlie, Anji

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6 months 2 days ago #291694 by BoneYardFarm
The information on the DWP appealing decisions came from the DWP rep AND the Judge! The DWP rep said “whatever happens we will appeal anyway” and the Judge said “I’m aware it’s now policy to appeal all decisions that don’t go your way”

I can only go on the info I have and the info I’m told!

Courts are biased in favour of DWP. FACT! The fact that they accepted requested ‘evidence’ from DWP 9 months late, at 8.30 pm the night before the hearing and when asked why and what would have happened if we had not responded to judges directions in time, we were told in no uncertain terms that the case would have been dismissed in favour of the DWP and then to add insult to injury the judge and the DWP rep had a good old laugh and a joke about that in front of my partner!

We both wish we had never started this process! It’s been suggested that she makes a change of circumstances claim however she’s justifiably terrified of doing this!

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