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can DM over rule Tribunal?
- Steve
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11 years 3 months ago - 11 years 3 months ago #117187 by Steve
can DM over rule Tribunal? was created by Steve
Some advice please if anyone can help. I have had a nightmare like most people here, with ATOS finding me fit for work despite awaiting spinal surgery after having an accident. I appealed the decision and won my tribunal last week. I was awarded 21 points. I didn’t receive my ESA payment today so I rang the Jobcentre to find out why. No explanation was given as to why they failed to pay me but they did finally agree to make a payment, it was still at the assessment rate and not at the contribution based amount that I should have received. When I asked the advisor why it was still being under paid he told me that although I had won my appeal in the court of appeals the decision to pay me still lays with the DWP decision maker. Is that statement correct? Can the DM still overrule the Courts Decision? I would be grateful for any advice given.
Last edit: 11 years 3 months ago by . Reason: Tick.
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- Gordon
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11 years 3 months ago #117191 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic can DM over rule Tribunal?
Steve
OK there are two separate issues, not being paid and what is happening as a result of your Tribunal win.
In regard the payment, as the DWP have arranged a payment, then it sounds like there are no flags on your record, but it is still worth checking that you have an active Fit Note in place as this is the most common cause of a failure to pay while appealing (see below).
If your Tribunal was only last week then you are being optimistic in expecting them to have sorted out your award yet, typically it takes 6-8 weeks before your payments will be based on the award, in the interim you are still required to provide Fit Notes.
The Decision Maker cannot ignore the Tribunal Decision but they can challenge it, they have exactly the same rights to do this as a claimant does. In the vast majority of cases they accept the Decision as is, they cannot just challenge the Decision, there needs to have been Error of Law in the proceedings and their first action will be to request a written Statement of Reasons, you will know there is a problem if you receive a copy of this, although this still does not mean that the DWP will pursue an appeal.
I hope this explains it.
Gordon
OK there are two separate issues, not being paid and what is happening as a result of your Tribunal win.
In regard the payment, as the DWP have arranged a payment, then it sounds like there are no flags on your record, but it is still worth checking that you have an active Fit Note in place as this is the most common cause of a failure to pay while appealing (see below).
If your Tribunal was only last week then you are being optimistic in expecting them to have sorted out your award yet, typically it takes 6-8 weeks before your payments will be based on the award, in the interim you are still required to provide Fit Notes.
The Decision Maker cannot ignore the Tribunal Decision but they can challenge it, they have exactly the same rights to do this as a claimant does. In the vast majority of cases they accept the Decision as is, they cannot just challenge the Decision, there needs to have been Error of Law in the proceedings and their first action will be to request a written Statement of Reasons, you will know there is a problem if you receive a copy of this, although this still does not mean that the DWP will pursue an appeal.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Steve
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11 years 3 months ago #117196 by Steve
Replied by Steve on topic can DM over rule Tribunal?
Thanks for your prompt reply Gordon.
Why has the State given these unnamed people such power to destroy lives?? Incredible!
I appeal to everybody on this forum to vote this excuse of a government out in the next general elections.
Thanks for all the help and advice I have had from the Benefits and Work website.
Why has the State given these unnamed people such power to destroy lives?? Incredible!
I appeal to everybody on this forum to vote this excuse of a government out in the next general elections.
Thanks for all the help and advice I have had from the Benefits and Work website.
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