Tribunal Win!

DD91

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? 

fayet27

@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

Thank you it was a review and I appeared in person it only lasted 15 minutes 

fayet27

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

 congratulations 🤩

WhatThe

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

WhatThe

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

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

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

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

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

@DD91 Congratulations on getting your award!  

WhatThe

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

SOR isn't already written. I will just leave this here now.

WhatThe

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

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

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..

chiarieds

WhatThe said:

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. 

I'm not sure your comments are  either helping or answering the OP's query. As mentioned, if appealing the tribunal's decision, which the OP is not, then you can request the ROP & SOR to see if there's an error in law. Whilst these may be found, it doesn't necessarily mean that they might change a person's award any way, &  professional advice would be needed regarding this. The OP has no need of this either.

I agree with the advice given by poppy & nasturtium, & find your comments erroneous & misleading.

WhatThe

“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

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

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.