PIP awarded at tribunal, and decision letter received but no letter from DWP four weeks on.

DmRitchie

I applied end of Jan 2022 for PIP. Had an awful assessment, awarded zero on everything. Did mandatory reconsideration, which was a very painful call using Relay UK, where the Relay agent, had to call out the DWP agent for being very rude. Again awarded zero for everything. So I appealed, and in October got the DWP evidence, and waited. After 30 weeks, I contacted HMCTS about my tribunal date and was told it should have been 20 weeks, they chase after 25 but would chase mine because that had passed.

At the tribunal, the Judge introduced the panel and the DWP Presenting Officer. When the judge asked if the PO had any opening remarks, the PO said they had reviewed the evidence and amended my scores. I was given enough points to be awarded the standard rate  for both parts.

The PO said I would receive my first payment in four weeks, and the back payments in four to six weeks. I was also told, (either by the judge or the PO), I would get a letter detailing the amount and the payment dates.

It has now been four weeks, and all I have had is the award notice from the tribunal. I have had nothing from DWP, and have not yet been paid my first payment. I am trying to get through on the DWP phoneline, but so far to no avail. 

I'm wondering if others who have gone to tribunal got a letter from DWP, and how long it took to get their first payment.

poppy123456

DmRitchie said:

The PO said I would receive my first payment in four weeks, and the back payments in four to six weeks. I was also told, (either by the judge or the PO), I would get a letter detailing the amount and the payment dates.

That's not correct. You will receive money that's owed first, then the decision letter from DWP and then about 4 weeks later you will receive your first 4 weekly payment.

It can take up to about 8 weeks after a Tribunal win for DWP to put the award into payment and to pay what is owed.

Don't forget, they have as much chance as we do to appeal the decision. First they need to request the statement of reasons within 1 month of the date of the decision. Once they receive this they need to find the error in law before they can appeal it. They sometimes request it but rarely appeal it. If they request it, it doesn't mean they are appealing it.

You've done all you can for now and you just need to wait.

DmRitchie

poppy123456 said:

DmRitchie said:

The PO said I would receive my first payment in four weeks, and the back payments in four to six weeks. I was also told, (either by the judge or the PO), I would get a letter detailing the amount and the payment dates.

That's not correct. You will receive money that's owed first, then the decision letter from DWP and then about 4 weeks later you will receive your first 4 weekly payment.

It can take up to about 8 weeks after a Tribunal win for DWP to put the award into payment and to pay what is owed.

Don't forget, they have as much chance as we do to appeal the decision. First they need to request the statement of reasons within 1 month of the date of the decision. Once they receive this they need to find the error in law before they can appeal it. They sometimes request it but rarely appeal it. If they request it, it doesn't mean they are appealing it.

You've done all you can for now and you just need to wait.

I'm just repeating what was said at the tribunal, and it was DWP who made the change at the Tribunal, not the panel. If DWP were to appeal, it would call into question every change that PO had made previously or since. I can confirm the PO said the back pay may come after.

DmRitchie

Further, as DWP can only appeal if there is an error of law, there would be no legal justification for DWP to appeal in this case.

Examples of errors in law

The following are considered examples of errors in law, according to Scope (equality for disabled people):

• The tribunal failed to follow legislation including case law.
• There is no evidence to support its decision.
• The tribunal gave an unfavorable decision after a physical examination.
• The facts are inconsistent with the decision.
• The decision failed to take account of certain issues or took account of the wrong ones.
• It did not give enough evidence.
• It did not provide adequate reasons for its decisions.
• There is a breach of the rules of natural justice.

poppy123456

As i advised, it's very rare they appeal the decision but sometimes request the SOR. I didn't say they will appeal it.

The PO shouldn't have told you that you will receive a payment in 4 weeks. It can take up to 8 weeks. Some people receive payment in just a couple of weeks, some a few weeks and other several weeks. Usually you will receive money owed first.

DmRitchie

My main question really is about getting a letter from DWP, which given it has been four weeks (and knowing how their letters are generated and despatched) I thought I'd have had something by now.

poppy123456

You won't receive the decision letter from DWP until after you've received the money they owe you. Have they asked you the standard questions yet.... have you been in prison or hospital? Usually they ask you those before putting your award into payment.

There's other members here still waiting more than 4 weeks after their Tribunal decision.

DmRitchie

I have had no contact from DWP since the tribunal. What method of contact would they use to ask those questions?

poppy123456

Phone call or letter.

poppy123456

You can contact them yourself and give them that information then they'll have it ready.

DmRitchie

I've not had any phone calls, other than from numbers in my contacts along with no letters so presumably they have not tried to contact me yet.

mistakes65

It has been nearly 4 weeks since my tribunal hearing and I have not heard anything and have rang DWP and they said there is a back log and could be another 3 weeks maybe more .

The advice given by people on here is excellent and it has helped me as my anxiety and stress with not hearing anything from DWP is high but as others have said it is a waiting game unfortunately.

But you do get your back payment etc before you get your award letter if you look through posts on here that is what happens .

Hopefully won’t be to long for you waiting like myself , but it is a waiting game . 

calcotti

DmRitchie said:…what was said at the tribunal, and it was DWP who made the change at the Tribunal, not the panel.

Did the tribunal did they would not progress the hearing or did you say that you accepted the DWP PO offer and therefore the tribunal could not proceed?

DmRitchie

I accepted the DWP PO offer

poppy123456

DmRitchie said:

I accepted the DWP PO offer

So you didn't have a Tribunal hearing? I assumed you had the hearing based on what you said in your first comment.

DmRitchie

After three days of using Relay UK and my phone call to the PIP line going unanswered, I contacted my MP to complain about the lack of accessible contact options. The next morning (yesterday), DWP rang me (although it was an unrecognised number, so I didn't answer). Given that DWP has been told throughout that I don't do voice calls, and I was on my own, this wasn't useful. I tried ringing again with Relay UK. This time I got through after about 40mins (not bad). Did the questions, and this morning I had my text from DWP. 

Relay UK is a great service and is very useful, but a Government department or any large organisation should not expect its customers to use a third-party service to enable all of its customers to access its services. Having worked in the civil service, I know that other departments provide webchat and that staff themselves are supported with accessibility needs, surely it's not unreasonable for DWP to provide the same accessible support to its customers.

L_Volunteer

Ugh, I hear you @DmRitchie - you would think (or at least hope) they would be more advanced by now in meeting accessibility needs. They should be leading the way but, instead, nope 

How are you feeling about things now, have you managed to talk to them to the extent you would have hoped to? Please don't hesitate to let us know if there's anything we can do to help 

lifetough23

Hi here you had similar story to me after my tribunal win in July 24 still yet to here apart from the phone call asking about bank details. But then found out they requested statement of reasons in September and not heard since any advice welcomed x

DmRitchie

https://forum.scope.org.uk/discussion/comment/961987#Comment_961987

I ended up writing to my MP and I think a couple days later DWP contacted me (by phone) to confirm I had not been in hospital, prison, or abroad for 4 weeks or more since my claim.