Confused about PIP appeal

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New member here needing some advice if that's OK.

My partner had been receiving DLA for the last 12 years and myself a carers allowance for taking caring of her.

She was recently told to apply for the new PIP benefit and like many I read of she has not been awarded it. Therefore she has had DLA benefit stopped and I have lost my carers allowance.

We failed the mandatory reconsideration and have applied to the appeal tribunal. We have sent medical letters of evidence from her GP, Psychiatrist and another from her psychologist. We also have sent in supporting letters from our local M.P and citizens advice bureau.

We have been waiting for our appeal date but a letter arrived recently from the DWP stating that they have received the appeal request from the appeal board and photocopies of all our paperwork so far. However the letter also mentions that they (DWP) would like the tribunal to "dismiss the appeal and to agree with the decision of the secretary of state".

Has anyone else experienced this also?

We are unsure now whats going on, does this mean its over already?

We have heard nothing from the appeal board saying we cannot appeal but were told it was going ahead in the future.

Any insight would be most appreciated from the experts on this forum,

Hope this makes sense, a bit anxious writing this.

Happy to answer any questions.

Thanks so much

Sent from my hudl

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8 Replies

  • Posted

    Hi Polly,

    No decision would be taken without attending the Tribunal. The words to which you refer are the DWP's position in that they believe your partner is not entitled to PIP. Obviously your position is different and you believe your partner is.

    It is now up to the Tribunal to decide on the basis of the evidence and your partner’s testimony to whether they think you or the DWP is right.

    When you attend the Tribunal remember they are looking for evidence of personal care. With the weight of evidence you have proved your partner suffers with a medical condition or disability, now you need to prove to the Tribunal that s/he receives personal care from you.

    What your partner now tells the Tribunal is going to be critical. If s/he can explain concisely what personal care is given by you. Remember the descriptors (look them up online) and concentrate on them, rather than things like housework (washing up, cleaning, ironing) which don’t score points.

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    • Posted

      Hi Anthony

      Thanks so much for the very informative response, really appreciate it. Am so grsNew member here needing some advice if that's OK.

      My partner had been receiving DLA for the last 12 years and myself a carers allowance for taking caring of her.

      She was recently told to apply for the new PIP benefit and like many I read of she has not been awarded it. Therefore she has had DLA benefit stopped and I have lost my carers allowance.

      We failed the mandatory reconsideration and have applied to the appeal tribunal. We have sent medical letters of evidence from her GP, Psychiatrist and another from her psychologist. We also have sent in supporting letters from our local M.P and citizens advice bureau.

      We have been waiting for our appeal date but a letter arrived recently from the DWP stating that they have received the appeal request from the appeal board and photocopies of all our paperwork so far. However the letter also mentions that they (DWP) would like the tribunal to "dismiss the appeal and to agree with the decision of the secretary of state".

      Has anyone else experienced this also?

      We are unsure now whats going on, does this mean its over already?

      We have heard nothing from the appeal board saying we cannot appeal but were told it was going ahead in the future.

      Any insight would be most appreciated from the experts on this forum,

      Hope this makes sense, a bit anxious writing this.

      Happy to answer any questions.

      Thanks so much

      Sent from my hudl

      Report
    • Posted

      Hi Anthony

      Sorry, something went wrong with my reply to you??

      Just wanted to say thank you very much for the great advice and information. Really appreciate it.

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  • Posted

    Hi Polly

    I have to say yes myself and my daughter have expreienced this. even my local council have not seen it before and thought it was an open and shut case. but thankfully the Tribunal still wanted to see us for the appeal and took no notice of what the DWP said regarding about dismissing it.

    I think the DWP are doing this as they are fed up with the fight people give back.

    I hope this helps with your query

    Michelle

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    • Posted

      Hi Michelle

      That's good to hear, thanks so much for sharing that. I'm most grateful. Feeling a bit more hopeful now.

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    • Posted

      you're welcome, I will add though even though the tribunal did hear our appeal, please don't get your hopes up too much as we were awrde 3 extra points but it still wasn't enough to get anything. but basically yh just because of the DWP request they dismiss it the tribunal obv still wants to hear your side if you know what I mean. good luck anyway.

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