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DWP dont agree with Appeal Tribunal?
- teabag
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10 years 4 months ago #127775 by teabag
DWP dont agree with Appeal Tribunal? was created by teabag
Hi I had my PIP tribunal on December 1st and gained standard mobility (I already had been awarded low care and didn't appeal this) I phoned DWP on the 15th December to see if it was on their system as the Appeal had taken its toil on my health and I hadn't got round to sending them a copy of the tribunal notice. The lady told me that they had only received the additional 2 sheets of evidence that I had handed to the panel and had not received the tribunal notice. She said they would ask the Courts service to send them a copy of the notice or I could phone the Courts and ask them to send a copy to DWP and that once this was received and on the system then I would get my back pay within a couple of days.
So I phoned the Courts service and was told that the tribunal notice would have been emailed along with the 2 pages of evidence and that it would be up to the DWP to request a copy I couldn't ask them to send another copy to DWP.
So I phoned the DWP to say that they had to request a copy of notice and that I would send them a copy.
I phoned after xmas to be told that a copy of the tribunal notice was received the 19th December which must have been the copy I sent and was told that it was with a decision maker asked why it was with a decision maker and told that they could appeal the tribunal decision, so I pointed out that they only had a few days to appeal as the date of the hearing was the 1st December, she said that they would know that and that I shouldn't have been told that once the decision notice was on the system that I would get my money within a couple of days.
I still haven't heard if they're appealing the decision or had the monies owed.
What happens if they don't uphold the tribunal decision will it go to the Upper Tribunal?
Will they still pay my standard care which they've been paying since June.
Feeling stressed out over this as could do with the money in case I have a problem with my ESA which is due to be reassessed at the end of February and haven't received any forms yet also hoping to use the tribunal notice as evidence for my ESA as it says it was awarded because I need someone with me when out.
So I phoned the Courts service and was told that the tribunal notice would have been emailed along with the 2 pages of evidence and that it would be up to the DWP to request a copy I couldn't ask them to send another copy to DWP.
So I phoned the DWP to say that they had to request a copy of notice and that I would send them a copy.
I phoned after xmas to be told that a copy of the tribunal notice was received the 19th December which must have been the copy I sent and was told that it was with a decision maker asked why it was with a decision maker and told that they could appeal the tribunal decision, so I pointed out that they only had a few days to appeal as the date of the hearing was the 1st December, she said that they would know that and that I shouldn't have been told that once the decision notice was on the system that I would get my money within a couple of days.
I still haven't heard if they're appealing the decision or had the monies owed.
What happens if they don't uphold the tribunal decision will it go to the Upper Tribunal?
Will they still pay my standard care which they've been paying since June.
Feeling stressed out over this as could do with the money in case I have a problem with my ESA which is due to be reassessed at the end of February and haven't received any forms yet also hoping to use the tribunal notice as evidence for my ESA as it says it was awarded because I need someone with me when out.
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- teabag
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10 years 4 months ago #127778 by teabag
Replied by teabag on topic DWP dont agree with Appeal Tribunal?
Forgot to ask date of tribunal was 1st December will they be allowed to put in a late appeal thought they only had till the 1st January to appeal or will they be given longer as they're saying they didnt receive the tribunal notice
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- Gordon
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10 years 4 months ago #127779 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP dont agree with Appeal Tribunal?
teabag
I would check back with the DWP for an update, whilst they are looking at all PIP Appeal Decisions very closely, that does not mean that they will appeal, if that is something that they intend to do, then it can only be on the basis that there has been an Error of Law and they must make the request for a written Statement of Reasons (the first stage to an appeal) within one month of the date of the Tribunal hearing.
Our experience is that even where the DWP do not look at the Decision it takes 5-8 weeks for adjusted payments to be made, so I am not surprised that there has been nno increased payment in your bank yet.
Even if the DWP to lodge an appeal, it does not mean that there reasons will be accepted.
Your original award stands until the DWP accept the Tribunal's Decision or while they pursue an appeal.
Gordon
I would check back with the DWP for an update, whilst they are looking at all PIP Appeal Decisions very closely, that does not mean that they will appeal, if that is something that they intend to do, then it can only be on the basis that there has been an Error of Law and they must make the request for a written Statement of Reasons (the first stage to an appeal) within one month of the date of the Tribunal hearing.
Our experience is that even where the DWP do not look at the Decision it takes 5-8 weeks for adjusted payments to be made, so I am not surprised that there has been nno increased payment in your bank yet.
Even if the DWP to lodge an appeal, it does not mean that there reasons will be accepted.
Your original award stands until the DWP accept the Tribunal's Decision or while they pursue an appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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10 years 4 months ago #127781 by Gordon
For once they are subject to the same rules as us mere mortals, so the Decision Notice will be deemed to have been sent and received by the Tribunal Service, however, they do have the option of requesting an extension and their claim not to have received the Notice plus the Xmas and New Year period would probably be accepted as Good Cause.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP dont agree with Appeal Tribunal?
teabag wrote: Forgot to ask date of tribunal was 1st December will they be allowed to put in a late appeal thought they only had till the 1st January to appeal or will they be given longer as they're saying they didnt receive the tribunal notice
For once they are subject to the same rules as us mere mortals, so the Decision Notice will be deemed to have been sent and received by the Tribunal Service, however, they do have the option of requesting an extension and their claim not to have received the Notice plus the Xmas and New Year period would probably be accepted as Good Cause.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- teabag
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10 years 4 months ago #127784 by teabag
Replied by teabag on topic DWP dont agree with Appeal Tribunal?
Thankyou Gordon
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