PIP tribunal win

Workingclass1

Just for some info and a couple of questions. 

My original pip application and Mandatory Reconsideration scored 0 points. I appealed and asked for an in person tribunal.  I was award the daily living enhanced rate (12 points) and mobility standard rate (10 points) for 3 years. The tribunal was a anxious and emotionally distressing experience I ave no wish to repeat. The panel were very professional and accommodating as I had to leave the room. 

How can the DWP justify 0 points by two different people when the tribunal warded me 22 ?.  Is there an automating rejection  policy in place by the DWP ?.
The DWP rep on the day accepted 4 of the descriptors applied to me. 

Q: What are the chances and how often do the DWP appealing the first tier tribunal decisions ? 
Q: My original application goes back over 50 weeks, do the DWP have to pay me a lump sum and how long should it take ?
Q: do I have to apply every 3 years, My conditions are permanent and unlikely to change .

many thanks. 

Cartini

tomm said:

Workingclass1 said:

Just for some info and a couple of questions. 

My original pip application and Mandatory Reconsideration scored 0 points. I appealed and asked for an in person tribunal.  I was award the daily living enhanced rate (12 points) and mobility standard rate (10 points) for 3 years. The tribunal was a anxious and emotionally distressing experience I ave no wish to repeat. The panel were very professional and accommodating as I had to leave the room. 

How can the DWP justify 0 points by two different people when the tribunal warded me 22 ?.  Is there an automating rejection  policy in place by the DWP ?.
The DWP rep on the day accepted 4 of the descriptors applied to me. 

Q: What are the chances and how often do the DWP appealing the first tier tribunal decisions ? 
Q: My original application goes back over 50 weeks, do the DWP have to pay me a lump sum and how long should it take ?
Q: do I have to apply every 3 years, My conditions are permanent and unlikely to change .

many thanks. 

Many claims are rejected initially  and the MR's rarely change these decisions , Some of it is i think due to  the work load  and many aren't properly considered, giving some extraordinary reasoning, that you just couldn't make up,

As for the  DWP appealing the FTT's decisions this is very rare, as there needs to be a error of point of law, they cannot appeal because they just disagree with the decision

Backdated money owed is usually paid before you received the revised award notice from the DWP  confirming the rates of pip and  duration of the award  (End date) this can take over 1 month ( due to the 28 day rule to request a written statement ot reasons that both parties have  from appeal decision date, but sometimes can be quicker 

and as because your PIP was awarded by the FFT  then usually yes as it is a Fixed term award , they should write to you several months prior to the end of the award explaining  you will need to ring the new claims  and start a new claim PIP2 form, 

tomm said:

Workingclass1 said:

Just for some info and a couple of questions. 

My original pip application and Mandatory Reconsideration scored 0 points. I appealed and asked for an in person tribunal.  I was award the daily living enhanced rate (12 points) and mobility standard rate (10 points) for 3 years. The tribunal was a anxious and emotionally distressing experience I ave no wish to repeat. The panel were very professional and accommodating as I had to leave the room. 

How can the DWP justify 0 points by two different people when the tribunal warded me 22 ?.  Is there an automating rejection  policy in place by the DWP ?.
The DWP rep on the day accepted 4 of the descriptors applied to me. 

Q: What are the chances and how often do the DWP appealing the first tier tribunal decisions ? 
Q: My original application goes back over 50 weeks, do the DWP have to pay me a lump sum and how long should it take ?
Q: do I have to apply every 3 years, My conditions are permanent and unlikely to change .

many thanks. 

Many claims are rejected initially  and the MR's rarely change these decisions , Some of it is i think due to  the work load  and many aren't properly considered, giving some extraordinary reasoning, that you just couldn't make up,

As for the  DWP appealing the FTT's decisions this is very rare, as there needs to be a error of point of law, they cannot appeal because they just disagree with the decision

Backdated money owed is usually paid before you received the revised award notice from the DWP  confirming the rates of pip and  duration of the award  (End date) this can take over 1 month ( due to the 28 day rule to request a written statement ot reasons that both parties have  from appeal decision date, but sometimes can be quicker 

and as because your PIP was awarded by the FFT  then usually yes as it is a Fixed term award , they should write to you several months prior to the end of the award explaining  you will need to ring the new claims  and start a new claim PIP2 form, 

Hi,

I`m not 100% sure of this, but in the back of my mind I have it that if someone is awarded by tribunal, that person doesn`t get a reminder (from HMCTS or DWP). 

Could someone verify this for me please.

calcotti

Cartini said: I`m not 100% sure of this, but in the back of my mind I have it that if someone is awarded by tribunal, that person doesn`t get a reminder (from HMCTS or DWP).  Could someone verify this for me please.

Pre pandemic normal procedure was for DWP to write to claimant about 14 weeks before the end of the award date advising the grant if they wished to continue to receive PIP thy needed to ring the claim line and make a new claim.

Picture it is a bit more muddled at the moment because PIP awards are being extended (and should include tribunal awards). In the case of people getting new awards now I would expect that by the time threes years is up things will have reverted to pre pandemic procedure.

HMCTS are not involved - they only deal with appeals.

Even pre pandemic the 14 week notification often meant that awards were lapsed before a decision on a new claim was made. I generally advised people to make a new claim (if they thought they still qualified) earlier than receiving notification from DWP .

Cartini

calcotti said:

Cartini said: I`m not 100% sure of this, but in the back of my mind I have it that if someone is awarded by tribunal, that person doesn`t get a reminder (from HMCTS or DWP).  Could someone verify this for me please.

Pre pandemic normal procedure was for DWP to write to claimant about 14 weeks before the end of the award date advising the grant if they wished to continue to receive PIP thy needed to ring the claim line and make a new claim.

Picture it is a bit more muddled at the moment because PIP awards are being extended (and should include tribunal awards). In the case of people getting new awards now I would expect that by the time threes years is up things will have reverted to pre pandemic procedure.

HMCTS are not involved - they only deal with appeals.

Even pre pandemic the 14 week notification often meant that awards were lapsed before a decision on a new claim was made. I generally advised people to make a new claim (if they thought they still qualified) earlier than receiving notification from DWP .

Thank you calcotti - that`s clarified that for me

asg23

How did your tribunal go 
just a q do you work I have mine soon and am nervous as I read someone else who works got rejected at the tribunal as they are deemed okay i guess everyone’s experience is different 

poppy123456

asg23 said:

How did your tribunal go 
just a q do you work I have mine soon and am nervous as I read someone else who works got rejected at the tribunal as they are deemed okay i guess everyone’s experience is different 

Lots of people work and claim PIP, providing the work you do doesn't contradict the reasons why you're claiming PIP.

Appearing in person or having a telephone/video hearing will give you the best chance of a decision is your favour, around 70% chance.

Paper based hearings have a much less chance of around 5-8%.

Workingclass1

asg23 said:

How did your tribunal go 
just a q do you work I have mine soon and am nervous as I read someone else who works got rejected at the tribunal as they are deemed okay i guess everyone’s experience is different 

It was stressful if I'm honest. I work but have reduced hours and need workplace adjustments. If you are in this positions make the panel aware of this . I was there by myself and would suggest you take someone with you. I just explained how my conditions affect me daily.The panel go through the questions you have already filled out.  I would recommend prepared an impact statement as I did. This gave me the opportunity to say everything I wanted to at the end so I didn't miss anything out.

asg23

Thank you so much that really helps