No response from DWP to PIP tribunal ??

[Anita54]

Morning all, Iv had a directions notice from the Tribunals caseworker, apparently DWP are not responding to the tribunal, On 5/10 the DWP were given 7 days to respond and as at yesterday they still haven't, so they've asked me to send copies of everything that I have regarding my appeal, and a date will be set for Oral hearing where a representative from DWP will have to attend and explain why they haven't complied with the law etc. Has anyone heard of this happening, another strange thing has happened regarding my ESA I had my review papers in May while all the above is going on I got a letter saying Iv been out in the support group etc. But I haven't had an assessment ??

[Anita54]

Sorry that's 'put' in the support group

[Anita54]

Yes Iv had no assessment with Atos and my review was May

[Anita54]

Oh ik, when is the 10year thing starting pls ? Xx

[releasethemagic]

Who gets reassessed for ESA and PIP is quite complex and at times contradictory. The Government's statements about this are all set out in this Parliamentary Research Paper

researchbriefings.files.par...

Basically the 10 year interval could only be applied to lifelong illnesses as listed, or they could use their discretion to apply it to more people using some common sense. Getting DWP to use common sense is a huge ask though, as they seem to prefer to follow processes slavishly, even when the decision their process produces is clearly wrong, hence the huge success rate of 75% at appeal.

[Anita54 in reply to releasethemagic]

Hi, thanks for the info, this might be why Iv not had an F2F although I was still given the review form to fill in back in May this year, although still not quite sure as it says you will be informed if you are not going to be reassessed every year, we shall see, just not knowing makes me anxious, think I might call ESA 👍🏻

[Anita54]

Ok so sent all relevant papers to Tribunals for my PIP appeal, just waiting to see what's next 😳

[Anita54]

So, i don't know what the HM Tribunals and court appeals have said to DWP, but i got Award letter from the DWP changing their decision on on PIP to enhanced rate for mobility and says the appeal will not now go ahead, its done ! Im in shock but in a good way 🤗