Courts and Tribunal Service
Discussion
Can anyone tell me what the format is for the above?
I appealed against a DWP decision to stop my youngest son's Personal Independence Payment, which was refused based on a lie told by ATOS, but we believe we have firm grounds to take this to the next level, and therefore have taken the step of appealing further within the 1 month period allowed, and have been told that the decision will be taken by the Courts and Tribunal Service, of which I know very little... unless it is the same procedure used to resolve disputes with HMRC, which I used back in 1984?
Will we have to appear in person, and if so, where are the hearings held? Do we need legal representation in this matter?
I appealed against a DWP decision to stop my youngest son's Personal Independence Payment, which was refused based on a lie told by ATOS, but we believe we have firm grounds to take this to the next level, and therefore have taken the step of appealing further within the 1 month period allowed, and have been told that the decision will be taken by the Courts and Tribunal Service, of which I know very little... unless it is the same procedure used to resolve disputes with HMRC, which I used back in 1984?
Will we have to appear in person, and if so, where are the hearings held? Do we need legal representation in this matter?
Jasandjules said:
Do you mean it is going to a Social Security Tribunal?
The DWP refusal document simply states "A final route to appeal will be to The Courts and Tribunal Service and must be lodged within a month of this letter".We had to fill in a form to confirm we would be taking the appeal route, with no clue as to what was involved.
I returned a letter with my form giving them a timeline of events, and my evidence, and copied that to my MP.
I have also instigated a complaint to the DWP over the manner in which ATOS is behaving whilst working on their behalf, and requested the telephone recordings from the DWP. They have confirmed they have the recordings, and I then have had to make a separate request in writing.
ATOS don't make recordings of their phone calls, but they ARE required to keep a log of calls.
So far they have confirmed they DON'T have a log of my call to them, where as I have evidence that I did.
I have to say that the DWP have not done anything wrong other than play it by the book - the fault lies (damn lies!) with ATOS.
My son has turned 18, and this has arisen because of the transition to Personal Independence Payments (PIP) from DLA and my wife and I are acting on his behalf, so I am puzzled as to why the paperwork refers to the Courts and Tribunal Service and not the Social Security and Child Support Tribunal!
We have also been told that residents in Cumbria were not supposed to be migrated to PIP until next year, and so far, we have been unable to find anyone else in the same situation of a DLA to PIP migration.
Breadvan72 said:
Please read the link that I posted above. It explains the system. The Social Security and Child Support Tribunal is one part of the Courts and Tribunals Service administered by the Ministry of Justice. So too is the Supreme Court, your local Magistrates' Court, and so on.
Sorry - I did read your helpful link - my post was more a criticism that the DWP document didn't give any guidance as to what the procedure entailed - or indeed your link - and neither did any pf their call centre operatives I have spoken to since we returned their form.One has however suggested that we re-apply for the PIP... which I take to mean it might be quicker than the tribunal service!
Ask a local CAB to refer the case to the Free Representation Unit or the Bar Pro Bono Unit.
http://www.thefru.org.uk/
http://www.barprobono.org.uk/
http://www.thefru.org.uk/
http://www.barprobono.org.uk/
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