Won my appeal but don't know if dwp are appealing!

jemmab81

hi I won my appeal three weeks ago,  my support worker visited me today to chase up Pip on what's happening and also to help me reinstate my tax credits as these were stopped in may, because they said I was not entitled to them until I get my PIP, the problem is because of my condition (emotionally unstable personality disorder) severe anxiety, depression. I can only work 16hrs I week and don't get paid very much so need my tax credits to top up my wages, so they said that reinstate them once my PIP appeal was heard, we've now been told today  that I may appeal tribunal decision, and it's with the caseworker at the moment but didn't tell me any more so I'm now highly stressed and worried that I'm not going to receive the PIP and tax credits and will continue struggle to live and pay bills with the money I'm getting at the moment, I've been so stressed and getting to rent a arrears and dept because of this! So many things went wrong when trying to appeal and it took months and months and months any advice would be really appreciated thanks Jemma

hayley0285

I'm going through the same as yourself i to suffer for emotional unstable borderline personality disorder and I'm going through this with pip i did a mandatory reconsideration and waiting to hear how long hasn't it took u to get pip all together? 

jemmab81

Hi Hayley I first went for pip last year in November, it took ages to get mandatory decision letter and then appeal and tribunal date, finally had appeal 3 weeks ago and won and thought that was it, but now they may appeal (dwp) and it could be overturned the win decision and I'm terrified this will continue can't cope with the way I'm living at the moment and the stress this has caused has been catastrophic jem

CockneyRebel

It is becoming common for the DWP to request a SOR from the judge.
They can only appeal on an error of law, which does happen but not often.
There is no time limit on when the judge has to issue the SOR, 4-8 weeks seems common.

CR

hayley0285

Aww bless I no how u feel I have the same problem as you!! I've just done my mandatory reconsideration nearly 4 weeks ago so still waiting for that thing is there's no time scale with it if I get refused then I'll be going to tribunal it's getting me so down tho and don't help I have borderline personality disorder 

Markmywords

This seems to be a standard response from the DWP.
The fact is that they cannot appeal the result because they didn't like it but only if the Tribunal made an error of law. It is very rare that the Tribunal court makes an error.

It adds a month of delay but both PIP and tax credits will be backdated to when the incorrect assessment was first made.

jemmab81

Thanks cockney  rebel, thanks Mark my words I waited nearly a year to get this sorted so two more months I will be incredibly hard financial wise, I'm really struggling and getting in dept bug if I know I'm getting it definatly! I can relax a bit and know I can get out of dept eventually, for now I'm going to just wait a couple of months like you suggest and see what happens I'm trying to think positive but  that phone call today really shook me up! Hayley  no my support worker tells me that there is no timescale it could take months to take more than a year, they really back. With work at the moment so everything is taking long good luck Jem

hayley0285

Thanks jem my support worker has helped me load's with it I just hate the not knowing 

jemmab81

To be honest Hayley she told be the reconsideration letters never really over turn the first decision so you will probly go to tribunial put that in your head and it will take a few months to get the appeal back and tribunal date if you think this way your be better off, I know how annoying it is all the messing about and waiting if  They were  being straight with me from the beginning it would have saved alot of stress! The tax credit people and pip have both told me different things, sent wrong letters, delayed everything and it drives you crazy when one person tells you one thing and then you speak to another person from the same department and they tell you something completely different! My appeal  started from June I think so five months, but you can't think this would be the same for you because they have a lot of work at the moment, my support worker has just told me they tell everyone it's with the caseworker and being looked at for appeal to give this thereselves more time process your payment because they are so backed up with work so that is some relief,  all we can do is try and think positive that it will all work out good luck Jem

hayley0285

Yeah I will do jem thanks for the advice and good look with everything let's us no how u get on 

CockneyRebel

After 4 weeks try ringing the tribunal clerk for an update, no point ringing the DWP

CR

jemmab81

Thanks Harley will do, thanks Cockney rebel will def oh do that I've read somewhere They have four weeks to appeal if they going to so I will get my support worker to phone tribunal clerk in a month to find out what's happening thanks a lot for your advice Jem ( also cockney Born and bred)