Tribunal Decision

Gordon,

Thank you again for your reply. Apologies for the link mistake. I can’t seem to find an icon to attach a document on here.

I have worked out how to scan from my phone.
Below is the full correspondence:

{I enclose a notice made by the Tribunal Judge.
It is important that you read it carefully.
If it is a Direction Notice, it will tell you what has to be done for the appeal to go forward
Alternatively, if it is a Decision Notice, it will tell you the outcome of the appeal.

Directions
1. This appeal was heard and decided on 31/10/2022. A statement of reasons was requested by the Respondent and referred to the judge on 30/01/2023 for the statement to be completed. The statement has not yet been produced. This is in part due to periods of sick leave, and it now looks unlikely that the statement will be produced within a reasonable time. The parties are legally entitled to the reasons, but the delay has been too long.

2. Rule 37 states:

"37. (1) The Tribunal may set aside a decision which disposes of proceedings, or part of such a decision, and re-make the decision, or the relevant part of it, if-

(a) the Tribunal considers that it is in the interests of justice to do so; and

(b) one or more of the conditions in paragraph are satisfied.

(2) The conditions are-

(d) there has been some other procedural irregularity in the proceedings."

3. If the decision were to be set aside, relisted and heard again.

4. Within 1 month of the date of issue of this notice, wither party must notify the tribunal if they wish to apply to set the decision aside.

5. If there is no response to direction 4, the tribunal will assume that the statement is no longer required.}

I hope this clarifies the situation and would appreciate any further advice I may need

Kind Regards

Gordon,

I am so very grateful for the clear summary of the recent correspondence. I have a greater understanding of the next steps. Hopefully the whole thing will be completely resolved. It’s been an absolute nightmare and I hope i never have to go through this again.

Kind Regards

Hi,
The saga continues11111.
Having not received any correspondence following the "Directions" letter previously posted. I am still waiting for the awarded payment from the DWP.

However, I have received a back dated payment from the DWP which only goes back to 2021. The tribunal award states 2016 - 2026.

Now, for me , this is where the confusion sits. I followed advice given by a professional and yourselves and I feel there are two different issues being addressed.
One is the Original Tribunal Award (OTA) dated 31/10/2022, the decision being in my favour and award back dated to 2016. DWP requested a WSOR and a letter came 25/11/2022 stating their request. Despite trying chase things up, I have had no further correspondence.
Apart from the advice I have been receiving from the forum team here, which I really do appreciate.
My next correspondence 27/7/23 to which the letter is highlighted in previous post.
This mentions a one month time scale, which lapsed and I have not receive any letter from the DWP to "Set aside".
Following this, my understanding was the OTA would be paid, that hasn't happen.

However, I was awarded enhanced mobility August 2023 and received back dated to 2021. My problem now is I don't understand why I have not been back paid 2016 as OTA states.

This is why I believe there maybe two different claim being addressed here. I am wondering if the full telephone assessment request from the DWP earlier this year, January 2023 (see earlier post). May have been some how linked with the OTA which is a totally different case.

Yes if you are confused, image the stress, sleepless nights and confusion this is having on me. This email has taken me days and days to sort out. I do hope you can make some sense of what I am trying to say. Without all you guys on here I dread to think where I might be.

I look forward to receiving your response.

A very big heartfelt thank you.