PIP tribunal lost

[Ragnbone]

I received a letter about PIP benefits saying the Judge has decided that a directions hearing should take place on the appeal. They will look at the case and make directions as to what action should be taken by the parties involved before the case can proceed further or be listed as a full hearing.

 

Please can someone explain to me in simple terms what this is all about, the outcome possibilities and any personal experiences, thank you

[reallymadwoman]

I don't have experience of a directions hearing for a PIP tribunal, but they are usually held in order to narrow down the areas of dispute and to decide what evidence should be provided, for example.

 

I would guess that the judge will order that medical evidence is obtained or something like that.

[ericsbrother]

In ordinary courts and tribunals they are usually used to see if there is a case to answer and whether either side has evidence to support what they say so you may be asked to provide medical evidence by a future date and the other side asked to produce paperwork to show they have followed the correct procedures, answered your formal requests etc. They may also want to determine if they are the proper person to judge the case as most things around the Equalities Act need judges who have been assessed themselves to hear the case. These are generally less formal and quicker than a full hearing taking about half an hour instead of an allotted day.

[AndyOrch]

I received a letter about PIP benefits saying the Judge has decided that a directions hearing should take place on the appeal. They will look at the case and make directions as to what action should be taken by the parties involved before the case can proceed further or be listed as a full hearing.

 

Please can someone explain to me in simple terms what this is all about, the outcome possibilities and any personal experiences, thank you

 

I think you may have to provide a little background and what point you are at in the process...you refer to an appeal ?

 

Regards

 

Andy

[Ragnbone]

I think you may have to provide a little background and what point you are at in the process...you refer to an appeal ?

 

Regards

 

 

 

Andy

 

Hello Andy,

I am waiting for a tribunal date to appeal against the DWP for PIP unfit for work for long term Mental Health. I have much supporting evidence from GPs, Hospital records and therapists with a range of support including CAB officer to represent my case. He said the DWP have not provided evidence on their side of the case as of yet. I don't understand what this means.

[Ragnbone]

In ordinary courts and tribunals they are usually used to see if there is a case to answer and whether either side has evidence to support what they say so you may be asked to provide medical evidence by a future date and the other side asked to produce paperwork to show they have followed the correct procedures, answered your formal requests etc. They may also want to determine if they are the proper person to judge the case as most things around the Equalities Act need judges who have been assessed themselves to hear the case. These are generally less formal and quicker than a full hearing taking about half an hour instead of an allotted day.

 

The DWP haven't sent in their evidence for their side. I have sent in a lot of evidence from medical professionals. Do you know what the next steps would be please.

[AndyOrch]

Directions hearings or CMC (case Management Conference) are held when a party has failed to comply with initial directions (such as disclosure as you refer to) and so a hearing is held to reiterate the directions and add further directions.....in some cases a party may even be subject to sanctions imposed and if they fail to comply their claim/defence can be struck out.

 

On clarification and how the claim will proceed will be determined at this hearing...as you appear to followed all directions...there is nothing for you to worry about....just attend and take all your paperwork.

 

Regards

 

Andy

[Ragnbone]

PIP tribunal and lost by 2 points. What are my choices now? Leading upto and during the tribunal was extremely traumatic.

[citizenB]

I have merged your two threads so people have an understanding of your question

[Bazooka Boo]

Was this the first tier tribunal or second tier tribunal?

[jason2723637]

cant you do a PIP reclaim/reapply immediately

[Ragnbone]

Its first tier

[Ragnbone]

What is a reclaim?

If I reapply I don't want to go through the medical and appeal again, it was too much pressure.

[Ragnbone]

Thanks. Do you have any advice regarding my matter?

[Nystagmite]

Reclaim is a new claim

[reallymadwoman]

Unfortunately, unless there is an error on a point of law, you cannot appeal further. You can ask for a statement of reasons (phone or write to the address on the decision notice) and ask for opinions as to whether there's an error on a point of law when you get it. If there isn't, and it is a bit unlikely, then your only option would be to make a new claim and go through the assessment procedure again. You could somewhat improve your chances of success by getting help with completing the forms from someone experienced in PIP claims and making sure you submit plenty of supporting evidence.

[Bazooka Boo]

I keep forgetting that RMW, ''Erred in law''.

 

Although I managed to get an upper tier tribunal due to the FTT who had erred in law, and it was as simple as the FTT failed to give me a verbal hearing, which was the whole point of the FTT in the first place!

 

So I'm unsure, but it really does depend on the detail, which we are unable to see first hand, but if the FTT directions/process wasn't followed to the letter, then it would be reasonably easy to argue an error in law.

 

Do you have a welfare officer, or an independent third party that you can ask for advice who would be able to view the documents first hand?

 

I'm a little rusty on this atm, as I won a three year battle with the DWP and have put it to the back of my mind until the end of the year when it will undoubtedly start again.

[tommy456]

You can also have error of fact, if they have misinterpreted something or just failed to address it properly

This is something that i may end up perusing if it is deemed that they got the facts wrong when reaching the decision, mistakes do and can happen, and they also have their own agenda