PIP Mandatory Reconsideration Notice

[BACK OF THE NET]

I am now in receipt of the decision which as expected was rejected against the decision not to award me PIP this after being in receipt of DLA for a number of years.

If the Assessor is found during the Tribunal as to fabricating the report what are the implications? Would it be deemed the same as misleading the Court being in contempt of court etc.

I have requested that Atos now provide me with a copy of the report used which would show the assessor signature that would show the contents are true and an honest account which i am vigorously disputing. ( the report ) are they Atos or the DWP fully obliged to provide this proof?

[BACK OF THE NET]

Re: PIP Mandatory Reconsideration Notice

Just been giving notification that the arrangements are now being set in place for my appeal to be consider by Tribunal.

Are the rules on disclosing evidence or requesting evidence via applications pre hearing the same as the rules under CPR or are they different?

Ideally i would like the assessor who made the report on which the DWP based their decision to give evidence at the appeal, can i make such an application for him to attend?

As always, any help would be greatly appreciated.

[Kati]

Re: PIP Mandatory Reconsideration Notice

This might be useful :noidea: https://www.disabilityrightsuk.org/a...econsideration

One of the questions on the form asks if you want to attend a hearing of your appeal or if you want it to be decided on the papers alone. It is better to attend, particularly if you are appealing against a decision relating to your disability or health condition.

Time limits to appeal

Your appeal must normally reach the HMCTS within one calendar month of the date that the mandatory reconsideration notice was sent to you. If your appeal is late, you must explain why. The appeal tribunal will consider your reasons and can extend the time limit by up to 12 months. Longer delays need better reasons.

The appeal response

The HMCTS will send a copy of your appeal to the DWP and ask them to provide a ‘response’ to explain how they came to their decision. The DWP must do this within 28 days – although they can ask for an extension. The DWP will send you a copy of the response.

At the hearing

You must be given 14 days’ notice of the time and place of the appeal hearing. The appeal should be informal. The appeal tribunal will be made up of a legally qualified judge and possibly one or two other people, depending on the type of appeal. In the case of disability benefits (such as disability living allowance or personal independence payment), one of these people will be a doctor. Sometimes there is also a representative from the DWP, to put their case.
The judge will normally introduce the tribunal and explain its role. They usually go on to ask you questions about the issues related to your appeal. For disability-related appeals, they will often ask you to describe what you do on an average day. You should be given the opportunity to explain your case.
Once the tribunal is satisfied that everyone has had the chance to put its case, they will ask you to leave the tribunal room while they make the decision.

[BACK OF THE NET]

Re: PIP Mandatory Reconsideration Notice

This might be useful :noidea: https://www.disabilityrightsuk.org/a...econsideration

Thank you for that Kati, appreciated.

I have giving notice that i will be attending the appeal.

Am i in a position to make an application order for the assessor to attend and give evidence at the hearing?

[BACK OF THE NET]

Re: PIP Mandatory Reconsideration Notice

Thank you for that Kati, appreciated.

I have giving notice that i will be attending the appeal.

Am i in a position to make an application order for the assessor to attend and give evidence at the hearing?

Any advice on whether or not i can make an application to the Tribunal for the DWP assessor to give oral evidence would as always be appreciated.

[BACK OF THE NET]

Re: PIP Mandatory Reconsideration Notice

The 28 day period for the DWP to respond to the appeal has now expired and on ringing the Tribunal there is no suggetion of the DWP requestibg an extention to the 28 days, what is the normal procedure if that rule has not been complied with?