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Appeal won after 13 months
- JLP
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12 hours 16 minutes ago #311828 by JLP
Appeal won after 13 months was created by JLP
Hi guys, I was on high rate for both. I’m December 2024 it was taken off me. I was reduced to only low rate care. Sadly the guides here didn’t do the trick and neither did my MR. One of the moderators on here I think it was Gary suggested I contact someone to help me. The person he put me onto couldn’t help me but put me on to my local welfare rights. I was helped by them. He was a total star.
They only gave me one days notice of the court hearing. I received no letter or advanced warning of the date. All my representative got was an email the day before. I wasn’t able to make the date as my husband had an urgent hospital appointment and has alzehmers and couldn’t go alone. My welfare rights guy attended the telephone appeal explaining my absence. The DWP sent an officer too! My representative said she was useless provided nothing to challenge my case, he reckons she hadn’t even read my case file. The dr had sent a report in explaining my difficulties and they found in my favour. My original award has been reinstated. My representative asked for an indefinite period for the award. They agreed!
They put me through 13 months of hell. I lost my mother in April and I feel I’ve been to hell and back. The tribunal system is broken and just creates more stress and chaos. I know I sound pessimistic but I feel I was put through hell for no reason.
Do you know how long I’ll have to wait for my back payment and what does an indefinite period mean? Is it true the DWP can challenge my award?
Thank you to all the moderators on this page for all their work. I really believe without this forum I’d have given up. You gave me a lifeline when no one else did. Thank you 😊
They only gave me one days notice of the court hearing. I received no letter or advanced warning of the date. All my representative got was an email the day before. I wasn’t able to make the date as my husband had an urgent hospital appointment and has alzehmers and couldn’t go alone. My welfare rights guy attended the telephone appeal explaining my absence. The DWP sent an officer too! My representative said she was useless provided nothing to challenge my case, he reckons she hadn’t even read my case file. The dr had sent a report in explaining my difficulties and they found in my favour. My original award has been reinstated. My representative asked for an indefinite period for the award. They agreed!
They put me through 13 months of hell. I lost my mother in April and I feel I’ve been to hell and back. The tribunal system is broken and just creates more stress and chaos. I know I sound pessimistic but I feel I was put through hell for no reason.
Do you know how long I’ll have to wait for my back payment and what does an indefinite period mean? Is it true the DWP can challenge my award?
Thank you to all the moderators on this page for all their work. I really believe without this forum I’d have given up. You gave me a lifeline when no one else did. Thank you 😊
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- LL26
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2 hours 12 minutes ago #311832 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Appeal won after 13 months
Hi JLP,
Congratulations on your success. The tribunal system certainly does need an overhaul! However persistence is the key, although this is difficult enough.
Indefinite period usually means 10 years, and then what is called a 'light touch' review. I'm not entirely sure what that is, but I don't think it requires an assessment. Any way no need to worry about that for a while!
I normally advise that back payments should be paid by 6 weeks after the hearing. It could be sooner. Both yourself and DWP have a right of appeal and unless there is a very compelling reason for a late appeal, the process has to be started with 1 month. Allowing a 6 week time scale will use up any possible appeal period. Nevertheless back pay is often paid much sooner as DWP seldom appeal.
Normally claimants receive 2 letters- one explaining a revised decision following the tribunal and staying payments going forward, the other should explain the back pay. Sometimes the letter/s get delayed, but money is paid into your bank, so keep checking that.
In case you also claim UC back pay from an award from eg PIP is not counted as capital for 12 months. (If your capital exceeds £16,000 you can no longer claim UC, and if between £6-16,000 a small deduction is made for every £250 over £6,000.) However I always advise to inform the UC office via the journal in case of any problems. If you wish to spend the back pay and you are in UC keep a note of what you spend to avoid any later problems with DWP. Please note you can use the back pay and indeed ongoing payments on anything you wish.
Finally my sympathy about losing your Mum. My Mum passed away around the same time as yours and it certainly it is a difficult time.
I hope this helps,
LL26
Congratulations on your success. The tribunal system certainly does need an overhaul! However persistence is the key, although this is difficult enough.
Indefinite period usually means 10 years, and then what is called a 'light touch' review. I'm not entirely sure what that is, but I don't think it requires an assessment. Any way no need to worry about that for a while!
I normally advise that back payments should be paid by 6 weeks after the hearing. It could be sooner. Both yourself and DWP have a right of appeal and unless there is a very compelling reason for a late appeal, the process has to be started with 1 month. Allowing a 6 week time scale will use up any possible appeal period. Nevertheless back pay is often paid much sooner as DWP seldom appeal.
Normally claimants receive 2 letters- one explaining a revised decision following the tribunal and staying payments going forward, the other should explain the back pay. Sometimes the letter/s get delayed, but money is paid into your bank, so keep checking that.
In case you also claim UC back pay from an award from eg PIP is not counted as capital for 12 months. (If your capital exceeds £16,000 you can no longer claim UC, and if between £6-16,000 a small deduction is made for every £250 over £6,000.) However I always advise to inform the UC office via the journal in case of any problems. If you wish to spend the back pay and you are in UC keep a note of what you spend to avoid any later problems with DWP. Please note you can use the back pay and indeed ongoing payments on anything you wish.
Finally my sympathy about losing your Mum. My Mum passed away around the same time as yours and it certainly it is a difficult time.
I hope this helps,
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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