Won an appeal at court for PIP now got a letter asking for statement of reason - Page 4 — Scope | Disability forum
Find out how to let us know if you're concerned about another member's safety.

Won an appeal at court for PIP now got a letter asking for statement of reason

124»

Comments

  • dodo76
    dodo76 Member Posts: 46 Courageous
    Hi guys 
    Update for u all 
    Just found out that the dwp may still go ahead with the appeal they have until 6th of july to withdraw their appeal  yes you have read that right 
    I am past mad i tell it seems our battle as only just started again more mind games by the dwp 
    So we have said thats it 
  • dodo76
    dodo76 Member Posts: 46 Courageous
    Its over for us no more our health as to come first after 23 months we are walking away from it 
    Its making me ill 

  • susan48
    susan48 Member Posts: 2,222 Disability Gamechanger
    They may not appeal though, a few more weeks till there deadline of appealing the decision.

    i totally understand why you want to walk away and the health impact, I’m just starting to get over my tribunal.

    hopefully in a few weeks youl have the decision and you can start to relax
  • dodo76
    dodo76 Member Posts: 46 Courageous
    Hi Susan 48 
    We wont be waiting for the 6 th if july its over i we are done the latest news as done it we cant handle any more stress i need to forus in sorting out the bills clear them 
    I am so so mad its so unfair with dwp they play mind games 
    There seems very little point in the letter been sent saying the dwp are with drawing if the have not actually done anything  to withdraw their right to appeal 

  • Jaytbm1
    Jaytbm1 Member Posts: 72 Pioneering
    I understand that you are angry, I am angry that people who are ill are put through this horrendous ordeal . So hope they don’t decide to carry on with their appeal and they you finally get some peace . I just can’t believe that they are getting away with treating ill and disabled people this way . 
  • dodo76
    dodo76 Member Posts: 46 Courageous
    Hi all 
    Right this is were we are at just now 
    Sec of state pulled appeal on tge 21 st of june 
    Phoned PIP to find out when Pip would be restated and when back money would be paid this week two after appeal was closed you all best be ready for this nice little shock we were told  they have no paper work from courts and that we may have to start a fresh claim yes you have read it right 
    Our award was for 3 years we still have 13 months of award 
    They look like they are going to do anything they can so they dont have ro pay back money owed for 2 years 
    I cant fully express just how we feel but i will stay i throught our nightmare was over after 2 years of been dragged to a fair few levels of appeal the stress as been great and just when we think it over bang something else is thrown up but the dwp all along they made a error and you finally get them to admit it but they then move the goal post again to suit them ?
  • mikehughescq
    mikehughescq Member Posts: 8,333 Disability Gamechanger
    The problem is that you’re trying to resolve this on the phone with staff who most likely don’t work for DWP or who are picking up calls from another part of the UK when lines are busy. If the SoS pulled the appeal in June then there’s a whole process to go through before payment is made. That would start with checks like presence in the country; hospital stays etc. Anything which might reduce or end entitlement in the period covered. It’s sensible and it takes time. 

    It may well also be the case that a review is imminent as @yadnad alluded to earlier. They should not delay payment because of that but they are dumb enough to try so...

    1) Stop ringing them. The telephony service is not fit for purpose and you have no audit trail of who said or did what and when.

    2) Be patient and, if you write to anyone, start with an email to [email protected] Gives you a copy in your Sent Items folder and guarantees your query will be correctly directed to someone who can answer exactly where it’s up to. Do not forget to include the appeal reference and your NINO plus details of the benefit and a quick chronology of key events. 
  • poppy123456
    poppy123456 Member Posts: 25,718 Disability Gamechanger
    You won't be entitled to any DLA because it no longer exists, PIP has replaced this. As you won your Tribunal then PIP will replace the DLA.

    DWP have as much right to appeal a decision as we do but they can't just appeal if "if they want to" They must first find an error in law in making the decision. It's rare they do this.

    Backpay can take 6 weeks or more, so there's still time yet. I'm sure you'll hear something soon.
  • BPM93
    BPM93 Member Posts: 4 Listener
    Does anyone know how long it takes the judge to send statements of reasons after the DWP have requested it
  • mikehughescq
    mikehughescq Member Posts: 8,333 Disability Gamechanger
    You send your request to HMCTS. They send it to the judge and circulate it when received. There’s an expectation of 15 working days but no realistic possibility of that as it depends on how often the judge is sitting; whether they are salaried or fee paid and how many other statements they’ve been asked for. I’d think about chasing it if it goes over 2 months.
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    The time it takes for judge to send SOR can vary; there's no statutory time limit.  You might have to chase them.
  • Yadnad
    Yadnad Posts: 2,856 Member
    Matilda said:
    The time it takes for judge to send SOR can vary; there's no statutory time limit.  You might have to chase them.
    It's the DWP that have requested the reports not the claimant.
    The claimant can only hope that when the DWP get the documents they accept the verdict and don't go on to challenge it. It could well be another couple of months before anything is sorted out that is if the DWP don't challenge it.

  • soniacoffin
    soniacoffin Member Posts: 12 Listener
    dodo76 did you resolve this in the end? The whole process is a nightmare ? we have been fighting for 2y 3months for my daughters PIP, we won’t give up until we literally can’t take it any higher, we have encountered liars, discrimination, persuasion tactics and lost paperwork ? if they don’t have the decision or any notes discus this with the tribunal to get a copy and send it to the DWP recorded special delivery so they can’t deny having it ? don’t let them win, it’s what they rely on ? they want you to quit oh and don’t start a new claim because it cancels out the one your fighting and you will loose all back pay, the DWP tried to persuade me to reapply with my daughter stating that with her case it’s guarenteed to win, it was only that I was in touch with my MP and ICE (the independent complaints examiners) bringing a case against the assessor and capita for the lies they put in the report that they both told me if a new claim is started it looses you the whole case with backpay and all. My MP and ICE have kept us going ? good luck to you all ??

Brightness

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.
Complete our feedback form and tell us how we can make the community better.