Tribunal Win!

DD91
DD91 Community member Posts: 97 Connected
in PIP, DLA, and AA
I got a letter today saying I have been given standard daily living and enhanced mobility! I wasn’t expecting that. I have a quick question the letter says “As the tribunal’s decision is advantageous to Miss P it dates from 04/09/2021” does that mean the money will be backdated to that date or to last august when they took it off me? 
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Comments

  • fayet27
    fayet27 Community member Posts: 30 Contributor
    edited July 2023
    @DD91 hi, if you applied on that date then it should be backdated til then.. if it was a review then I’m not sure how that works.. Did you have paper based appeal?that’s what I requested too but doing telephone one now. So happy for you! It’s a long journey 
  • DD91
    DD91 Community member Posts: 97 Connected
    Thank you it was a review and I appeared in person it only lasted 15 minutes 
  • fayet27
    fayet27 Community member Posts: 30 Contributor
    Aw I’m so glad for you. Suppose you could always give dwp a ring to see what the back payment would be as well & then you’d know for sure 😊 
  • Ollyoyster
    Ollyoyster Community member Posts: 347 Empowering
     congratulations 🤩
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,749 Championing

    It means backdated to 04/09/2021 and you are due those arrears.
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,749 Championing

    I suggest you ask the court to send you copies of the Statement of Reasons and the Record of Proceedings in case DWP misinterprets the Tribunal outcome and fails to upload the correct decision on their system. 

  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    WhatThe said:

    It means backdated to 04/09/2021 and you are due those arrears.

    That may not be correct, if the award from the Tribunal was the same award they had before the payments stopped in August last year.

    You shouldn't really request the SOR and ROP unless it's really needed for errors in law. It's a lot of extra work for the judge to have to write all of that.
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,749 Championing

    Request the SOR and ROP from the court because there should be no room for doubt and DWP has form for such misunderstandings. The time to ask for these documents is limited.

    The judges are well paid for their time and do very well out of these appeals so do not feel guilty for asking!

  • nasturtium
    nasturtium Community member Posts: 373 Empowering
    edited July 2023
    Hello WhatThe
    I would like to give a little advice with regards to your statement about requesting a SOR and ROP
    WhatThe said:
    Request the SOR and ROP from the court because there should be no room for doubt and DWP has form for such misunderstandings. The time to ask for these documents is limited.
    The judges are well paid for their time and do very well out of these appeals so do not feel guilty for asking!
    In my opinion the only time you should request a SOR and ROP is when the claimant is not happy with the Tribunal descision and they are looking to request the tribunal descision to be set aside for a new rehearing. If the Claimant is happy with the Tribunal ruling and award then it is advised NOT to request a SOR and ROP because the DWP will also recieve the SOR and this could "rock the boat" and make the DWP look at the Tribunal descision and analyse it for errors in law although this is very rare for it to happen it is best practice if you are happy with the tribunals judgement and award then it is best to leave well alone.
    Nasturtium
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    WhatThe said:



    The judges are well paid for their time and do very well out of these appeals so do not feel guilty for asking!


    They are not paid any extra for this. They are done in their own spare time.
  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,906 Championing
    @DD91 Congratulations on getting your award! :) 
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,749 Championing

    The ROP is created as standard and is already written.

    The enormous welfare bill is created by DWP's 'calculated cruelty' leading to thousands of benefit appeals which serves the judiciary very well. 

    No claimant should ever be told they may be wasting the time of anyone involved in the making of these decisions. WE are keeping THEM in work and DWP's unlawful actions are the problem. 
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    SOR isn't already written. I will just leave this here now.
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,749 Championing

    But the ROP is already written which is what I said. 

    Nobody but the judiciary benefits from these protracted proceedings to recover overdue payments in court. Feel sorry for the poor judges? No chance!


  • DD91
    DD91 Community member Posts: 97 Connected
    Thanks everyone I will just get my mum to phone up and ask about the dates I would hate to be given money then have to pay it back 
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,749 Championing

    If the DWP pretends not to have received the Decision Notice or not to understand it then you know it's time to get busy!
     
    It is faxed to DWP on the same day but can mysteriously vanish on the way there..
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,749 Championing

    “As the tribunal’s decision is advantageous to Miss P it dates from 04/09/2021” 

    My first comment was in response to this and I stand by it.

    My comments about the Tribunal outcome is simply that DWP does not necessarily upload the correct decisions and I stand by that too. Not misleading at all. 
  • poppy123456
    poppy123456 Community member Posts: 59,054 Championing
    Your comments regarding the ROP and SOR are misleading. DD91 was advised to contact HMCTS to double check the award start date isn't an error, it has been known for them to make errors on decision letters.

    It has nothing to do with DWP at this stage because if there's an error with the date then DWP will not put the award into payment until the error is corrected. Better to be one step ahead.
  • WhatThe
    WhatThe Community member, Scope Member Posts: 1,749 Championing

    I acknowledged nasturtian's comment with a like. 

    A Decision Notice will be sent to confirm the relevant dates and decisions but HMCTS is not renowned for making typo's. 

    A successful appeal at Tribunal however reflects DWP's errors and failures and implementing the outcome correctly lies solely in the hands of DWP.   

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