Won appeal but DWP say may be appealing tribunal decision

Rosie2017

Hi I thought I would give you an update of my posts from May regarding the DWP appealing against my winning my appeal. The statement of Reasons was sent to the DWP exactly one month after they requested it and the DWP then had 28 days to decide whether they would appeal. One month later I had received absolutely nothing from them. The next day I called into the Citizens Advice Bureau with my mental health advocate who updated the them with the situation. The Citizens Advice Bureau said they would get in touch with DWP to find out what was happening and would let me know asap. Later that day I was on a bus going home when I received a phone call, I was expecting it to be the CAB however it was the DWP, I got quite a shock to be honest, luckily my advocate was still with me. He asked me some security details and then asked if my bank details had changed. I told him they haven't and he then said right your backdated money will be paid into your account and your Pip will be paid monthly in arrears. I was so relieved I didn't realise until later that they didn't even mention anything about appeals, so I just had to presume they couldn't find any errors in law. I now have my PIP until August last year. Not even going there in my head yet. So  is okay for now and I can concentrate on getting well. The whole process took exactly at year and I would hate to have another year like it. I wish good luck to anyone having to go through this procedure and I hope I have assured some people that it must be pretty difficult for the DWP find any errors in law considering a judge is at your appeal. Whew!

jjdd70

my husbands took over 8 weeks for judge to do SOR only received it yesterday dated 19th september so again 28 days to wait and see fingers crossed last hurdle feeling knackered now 

CockneyRebel

So pleased for you Rosie.
Very soon the judges are going to get p****d off with all the SOR requests

CR

Rosie2017

Thank you CockneyRebel.  It seems the DWP just don't want to accept they are wrong and continue to cause so much worry, anxiety and stress to people already suffering through ill health in the first place.  And I understand how you feel jjdd70 the whole process exhausts you and I think they hope you will eventually give up. I advise anyone going through the process to try and get help from the Citizens Advice Bureau or Welfare Rights who have been a godsend for me. 

wildlife

Rosie2017

Thank you. X

clark30

I’m having the same problem myself at the min was awarded it then went to first tier tribunal won that then dwp want sor now was told to ring dwp on the 23 Oct this year  to see what happens then 

tsr157

hi all , just got my tribunal date 9/10/17 esa missed appointment to med assessment in aprill,  suffer with long term mental health issues, spoke to prime minister on leaders special question time about mental health and the assessment hopefully i will win, but even if not we need to form a group to stop this happening to others , i have local mp waiting to act after court case ,,, legal thing apprantly she cant get involved , will updated on outcome , cant believe they still use snail mail in this day and age of email , even job centre text me appointments so why cant the whole DWP ? 

SusieD

Rosie2017, glad to hear you got it sorted. I feel they should be paying compensation for the hurt and upset this whole procedure is causing but money would not reverse the damage done to me and others.
My person who was an advocate working with Community Guidance was told PIP tribunals do not allow advocates, nobody may speak for us.
So many lies and misleading things right through the PIP thing, who to believe?

SlayerX

The DWP would rather kill people via stress and worry than pay them.

And this is just a guess, but it sounds extremely doubtful that the DWP could enter the courts and win.

Glad it all worked out for you.

Rosie2017

Just a update to let you know that although I had an advocate with me at the appeal she was not allowed to speak. Apparently they have taken away the funding for assisting people with DWP assessments or appeals. Another way of making it harder to get any help. 

Unfortunately 6 weeks after finally being awarded my PIP I then received an Esa assessment form. I completed the form, as you all know not an easy task, and posted it a month ago. I included most of the letters I used in my PIP appeal and hope these will suffice. So it's back to waiting to see if I will now have to go for another assessment as it's 18 months since the last esa assessment. It's never ending and I am trying not to get in a state of anxiety and worry but it's difficult. Just hanging on in there hoping I won't have to go through another year like the last one! 
Good luck to everyone having to take on the DWP and I will keep you updated 

SusieD

Yes, my advocate was told we may no longer have an advocate but may have a companion or carer in the room beside us. So he no longer works as a guidance counsellor. CAB is a bit behind with their guidance.
Do they tell you the decision while you wait or do you have to wait for a letter 3 days later? It says both in the CAB page, to start it says you leave the room and they call you back for the verdict and lower down it says you go home and wait for a letter. One part says it starts paying out immediately, and back dated, then another says it might need another form to get it.

Matilda

Sometimes the tribunal ask the appellant to wait while they make their decision and then call you back.  That's what they did with me.  But other times they send the decision through the post a few days later.  This might be due to shortage of time on the day.

They started my new payment rates three weeks after the tribunal, around the time they paid me the backdated money as well.

Unfortunately, sometimes DWP say they are thinking of appealing the tribunal's decision and are going to ask the judge for a statement of reasons (SOR).  DWP can only appeal on an error of law, not because they disagree with the decision, and it is unusual for them to find one.

Rosie2017

Hi I was asked by the Tribunal if I wanted to wait for my decision or have it sent by post. I decided to wait, it was about 15 minutes then I got called back into the courtroom and they told me then. I think in normal circumstances i.e. the DWP don't appeal against the courts decision your money is paid backdated to the day you applied for it quite quickly and then monthly in arrears. I hope this helps. 

SusieD

Oh right, thanks. The CAB guidance page is quite contradictory on that, I shall wait and find out on the day.
i am getting quite nervous about this getting the documents correct, NI number and name on the top of each page etc. Sending it in a week before by snail mail is tricky because of getting to a post box.
It says I have to read through ALL the court papers again. They have been here for months, I am sure I read them through once but forget what they said or everything now.

SusieD

It is possible the DWP can claim the 1948 Act saying the contributions based state pension must never be thought of or treated as a benefit is null and void and it is a benefit and you can't have two benefits. But OPAS said it has to be only a pension because the government back then refused a fund being acquired and set up for paying out immediately - it's complicated. Life is complicated - ugh.

bubbler

I had to go out the room and come back about 10 mins later for the verdict, I had my solicitor with me and he was allowed in and to speak. But two days later I got the letter telling me they're appealing.

bubbler

Also the letter says you can't change the decision by calling them, I called them and after telling the first rude person to get the supervisor she said "it's not worth it as she'll say the same thing" I eventually got to speak to the supervisor and as it's the Mobility part they're appealing against I was paid the care side backdated. So it may be worthwhile asking which part are they appealin. A couple of days later they called back to say i should get the result by Xmas, here's the strange bit, they said they had a look at my case and can't see why it was being appealed against. So is it they're just holding your money back to put you off? Or is it just punishing us?

SusieD

This makes me feel like a freak in their circus ring, the clown.
When they say, "by Christmas" remember that in 1914 people said the Great War would be over by Christmas so you should ask, which Christmas?
I am now told it will be done by Christmas.
Bubbler, were there any DWP people attending your tribunal?

bubbler

Yes and after being asked if they had anything to add they said no so why try appeal? They'll never get a court to admit they're either wrong or biased, it's just another  one of their tactic's to make sure we either kill ourselves of feel so low that next time we won't bother appeal. I literally just hot the copy from the tribunal of reasons why I was awarded and I can't see anyway they can possibly appear against that!