Pip

pewak

I could do with some help/advice regarding my PIP appeal please 

pewak

Ok here goes, I won my PIP tribunal,enhanced on both parts and I received my award letter a few weeks later. After about 4 weeks I had not received any payment from the DWP so I rang them and I was told that I should of received a letter stating that they were going to request a statement of reasons from the tribunal service and that they might appeal my award I didn't receive this letter so they sent a copy out. Fast forward to now which is nearly 3 months after I won the tribunal and still I've heard nothing so last week I phoned the tribunal services and asked what was going on. They looked at my files and said that the DWP haven't even requested a statement of reasons and I believe that they only have a month after my judgement to do this. I first put my claim in for PIP in November 2022 and have not received one penny off them.This has been going on for so long it's making me ill tbh. Has anyone had a similar experience or does anyone know how I stand or what I should do? The courts said they are going to pass it on to their Post Tribunal Team. Any help would be really appreciated thanks

Wilshyboy

@pewak, Good morning, a few years back i had a problem with the fitness to work medical, I got a really bad assessor, i sent off e mails to everybody i could think of including the Minister for Health and my local MP, within 3weeks later a letter came from the House of Commons and my MP who was looking in to the matter and they would pay me for my expenses and paid me £50, soon after that another interview was booked with a lovely lady Doctor for the assessment,after taking 11minutes on a frame to get to her office instead of 2 for most others, she waited till i got my breath back, 10 minutes in she said I can stop now its obvious you're not fit for work and she finished her report and said this will be sent tonight.                        So i would say email you're local MP giving as much detail times and dates as you can, I cant guarantee he will help,if your MP is like mine you'll stand a chance of something being done, let me know how it goes.

poppy123456

I would ring PIP againt and ask for a further update. Tell them that you've contacted HMCTS and they informed you that no statement of reasons have been requested.

If you still don't have any joy then contact your local MP as Wilshyboy advised. You will need to tell them exactly what happened, what date the Tribunal made the decision and the fact you haven't received anything that's owed. They will contact PIP on your behalf. You will also need to make sure you give your name and address. https://www.parliament.uk/get-involved/contact-an-mp-or-lord/who-should-i-contact/

pewak

Well an update on what's happening, it has now come to light that the Dwp have asked for SOR in the time allowed but their request got lost somehow in the courts system!! I believe the request for SOR is now with the judge and has been for 6 weeks,I phoned up the courts and they said they would chase the judge up. Can anyone tell me what percentage of Dwp requests for appeal are successful and do they appeal all SOR requests. This has been going on so long I just feel really down about it all,it makes me feel like giving up

poppy123456

There’s no stats for this so I can’t tell what the percentage is. I can only advise that it’s rare for them to appeal the decision. Requesting the SOR and ROP doesn’t mean they will appeal. 

There’s also no timescales how long it takes a judge to complete this. 

pewak

Thanks Poppy for your quick reply,all I can do is wait now I suppose. I actually started the PIP process back in November 2022

poppy123456

You’re welcome. Once they are sent out DWP will have 1 month to request the appeal. That is a long time to wait!! 

pewak

Thanks Poppy,when you say it's rare for Dwp to appeal the decision, is it not rare for them to request SOR. I'm just trying to put things into perspective 

poppy123456

You're welcome. It's rare for both but even rarer for them to appeal the decision. Ive been trying to remember how many times I've known this happen since I've been a member here, which is 7 years this August and I think it's only a couple of stories I read in that time. 

pewak

Thanks again Poppy,I will update when I hear anymore news

mizmoz

Hi 
Just wondered if you had heard anything about your case ?
I am going through the same now .Won enhanced on both and dwp have asked for a SOR .I didn't even realise this was a thing as I thought the tribunal.award was final for both parties .The judge has the request so I just have to wait and see what happens from here .The wait again is awful .So if you could please update on your progress and how it's gone I would be really grateful  

pewak

Hi mizmoz,I too thought it was done and dusted at the tribunal. The latest is that the dwp have the SOR and have a month to either lodge an appeal or to pay up. So I'm just in limbo at the moment. I will keep you updated and if you could let me know how you get on please.  As far as I'm aware we are the only two on this forum going through this mess.

Albus_Scope

Sorry to hear they're still mucking you around @pewak, I hope they can resolve this asap for you. 

mizmoz

I know it's not great .You just feel in limbo .I know you should just forget about it but it's hard .I have been fighting since 2019 refused lost and mandatory reconsideration. Then I lost my mum and my fight .Reapplied in April 22 received lower care only went for MR again received lower care as well Then in December 22 applied for a tribunal .15 months later I won my tribunal awarded both enhanced to Then have SOR that I never even heard of .Let's hope they Deal with this quickly for both of us .Good luck and I will keep you updated xx

Albus_Scope

Fingers crossed for you too @mizmoz, I had to fight for 18 months to get my PIP sorted, so I can empathise. It's so frustrating having it hang over your head and the waiting is the worst bit. 

mizmoz

Morning update yesterday I received my copy of SOR .So I think dwp have 1 month from now to request it to go to upper tribunal. I'm not sure if I should look for anything read it through but to be honest don't know what I am looking for .Have you received yours yet ? Xx

pewak

Hi Mizmoz,I'm actually away at my daughters at the moment but it will be in the house when I get home tomorrow.  Can you spot any obvious errors and is it a many page document?

mizmoz

Hey mine is 9 pages but 3 don't have any information on .You can go straight to the descriptions of each point given .I really can't find any errors but i wouldn't know  what to look for .She does criticise the dwp rep for asking questions that weren't relevant and they had no evidence for . She gives an explanation as to why they awarded the points .xx

mizmoz

Hey you had any news ? I am waiting now to see what dwp do .x

pewak

Hi Mizmoz,I have had my SOR through the post and I have read it about 5 times and for the life of me I can't see any errors of law but then again I'm no lawyer. The DWP have until the 8th of April to take it to the upper tribunal or pay me what they owe. As soon as I hear anything I will let you know