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Questions regarding PIP appeal hearing
- JK2019
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6 months 2 weeks ago #291022 by JK2019
Questions regarding PIP appeal hearing was created by JK2019
Hi,I have a few questions about my PIP appeal
1. I have requested an oral hearing. do you always get an oral, face to face hearing when you ask for it?
2.What happens if I don't attend the hearing?
3-I was getting ESA Support Group, with severe disability premium.(still in ESA support group) If my appeal is allowed, will I automatically receive those severe disability premiums backdated too?
4-If my appeal isn’t successful, can I claim PIP again based on the same conditions straight away?
1. I have requested an oral hearing. do you always get an oral, face to face hearing when you ask for it?
2.What happens if I don't attend the hearing?
3-I was getting ESA Support Group, with severe disability premium.(still in ESA support group) If my appeal is allowed, will I automatically receive those severe disability premiums backdated too?
4-If my appeal isn’t successful, can I claim PIP again based on the same conditions straight away?
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- Gordon
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6 months 2 weeks ago #291029 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Questions regarding PIP appeal hearing
JK
1. Yes
2. It depends on your reasons and the panel's view of your appeal. So, you can change your mind and ask for a Paper appeal, you can ask for an adjournment but your reasons for not attending would have to be significant, the panel can decide that they need to see you to progress our appeal, you do not have to attend a re-listed hearing but it may be to your advantage to do so.
3. Providing you have and still do meet the criteria for the SD Premium then it should be re-instated and any missed payments from the date of the Decision being appealed should be paid.
4. Yes, there is no restriction on you making an immediate new claim but you will need to think about how you address the previous failure in this new claim.
Gordon
1. Yes
2. It depends on your reasons and the panel's view of your appeal. So, you can change your mind and ask for a Paper appeal, you can ask for an adjournment but your reasons for not attending would have to be significant, the panel can decide that they need to see you to progress our appeal, you do not have to attend a re-listed hearing but it may be to your advantage to do so.
3. Providing you have and still do meet the criteria for the SD Premium then it should be re-instated and any missed payments from the date of the Decision being appealed should be paid.
4. Yes, there is no restriction on you making an immediate new claim but you will need to think about how you address the previous failure in this new claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JK2019
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6 months 2 weeks ago #291034 by JK2019
Thank you for your response.
Does it mean that if I simply don’t show up, the tribunal may not process my appeal at all and insist on seeing me in person?
I have requested an oral hearing based on recommendations in your guides, but now I find it psychologically very distressing to attend. I just don’t think I can do it.
Can I simply not attend without giving them notice? (so they can decide the case in my absence)
A few years ago, I missed my ESA tribunal (due to memory issues, I forgot the date), but the tribunal proceeded and decided the case in my favor.
Replied by JK2019 on topic Questions regarding PIP appeal hearing
JK 1. Yes 2. It depends on your reasons and the panel's view of your appeal. So, you can change your mind and ask for a Paper appeal, you can ask for an adjournment but your reasons for not attending would have to be significant, the panel can decide that they need to see you to progress our appeal, you do not have to attend a re-listed hearing but it may be to your advantage to do so. 3. Providing you have and still do meet the criteria for the SD Premium then it should be re-instated and any missed payments from the date of the Decision being appealed should be paid. 4. Yes, there is no restriction on you making an immediate new claim but you will need to think about how you address the previous failure in this new claim. Gordon
Thank you for your response.
Does it mean that if I simply don’t show up, the tribunal may not process my appeal at all and insist on seeing me in person?
I have requested an oral hearing based on recommendations in your guides, but now I find it psychologically very distressing to attend. I just don’t think I can do it.
Can I simply not attend without giving them notice? (so they can decide the case in my absence)
A few years ago, I missed my ESA tribunal (due to memory issues, I forgot the date), but the tribunal proceeded and decided the case in my favor.
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- Gordon
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6 months 2 weeks ago #291041 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Questions regarding PIP appeal hearing
JK
I can't advise you to just not show up on the day, if you think it is likely that you cannot attend then contact the Tribunal Service.
Gordon
I can't advise you to just not show up on the day, if you think it is likely that you cannot attend then contact the Tribunal Service.
Gordon
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- JK2019
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6 months 2 weeks ago #291073 by JK2019
Replied by JK2019 on topic Questions regarding PIP appeal hearing
Could requesting a paper appeal at this stage accelerate the process?
It's been nearly 9 months since I registered my appeal.
It's been nearly 9 months since I registered my appeal.
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- BIS
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6 months 2 weeks ago #291089 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic Questions regarding PIP appeal hearing
Hi JK2019
We can't tell you whether changing to a paper appeal will accelerate the process at this stage. You would need to ask this question of the Tribunals Service.
BIS
We can't tell you whether changing to a paper appeal will accelerate the process at this stage. You would need to ask this question of the Tribunals Service.
BIS
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