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Pip appeal overturned by judge but error on letter

victoria105
victoria105 Member Posts: 22 Listener
I hope someone can help me , I recently won my pip tribunal appeal after a 30 week wait . I was given the statement of why it was overturned and one was sent to department of working pensions . I rang them the other day to see how long it would take to get the back dated payment and for my monthly payments to start , to be informed that there had been a type error and the date stated 17/01/2015 instead of 17/01/2017 which is when my pip was stopped and when it should be backdated to . I gave spoken to the tribunal service who says this is with the judge . My question is how long should this if it's gone back to the judge 
Thankyou
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Comments

  • CockneyRebel
    CockneyRebel Member Posts: 5,216 Disability Gamechanger
    Unfortunately judges are a law unto themself and can take as much time as they want

    CR
    Be all you can be, make  every day count. Namaste
  • victoria105
    victoria105 Member Posts: 22 Listener
    I'm gutted I know it is all on it's way but I feel I've waited so long for a type error to cause another hold up
  • loopyt
    loopyt Member Posts: 80 Courageous
    Hi Victoria, really pleased for your positive appeal and do hope it's not too long before the Judge confirms the date. I wondered if you could tell us the reasons they overturned the DWP decision? It just helps to know if I need any further evidence before my appeal? I do understand if you don't wish to share any details. T
  • Matilda
    Matilda Member Posts: 2,610 Disability Gamechanger
    @loopyt

    Every case is different of course. At my PIP tribunal hearing in May my award was increased from standard both components to enhanced both components.  Most of the evidence the panel considered was my own oral testimony.  Plus strong medical evidence from 1998 when I first claimed DLA. I had submitted no more recent medical evidence.

    So my advice would be have strong medical evidence even if it is not recent. Attend an oral hearing, be prepared for a grilling and be confident when describing your daily living and mobility difficulties.
  • victoria105
    victoria105 Member Posts: 22 Listener
    My appeal was overturned for factual errors , but I did have a large amount of medical history which I could back up . Hope that helps
  • loopyt
    loopyt Member Posts: 80 Courageous
    Thank you Matilda and Victoria, that is a big help. I think with the evidence I have and an up to date GP report I cannot do any more. I can understand the importance of attending a hearing but the only support I would have is my husband and although he is a wonderful support I think even he would find it too stressful after being ill himself. I don't know how I would cope without him so I just hope that the tribunal panel have the time to go through all the paperwork. Thankyou so much.
  • victoria105
    victoria105 Member Posts: 22 Listener
    You may be surprised I was worrying for weeks about what I would say , got to the  tribunal 50 minutes early and waited with my mum and daughter, for the clerk to come out and say " ive been trying to ring you ,you have won your appeal. I hadn't even seen the judge , the judge did see me as I was there to explain why they given me everything back . They were very approachable people so don't think they will be horrible .
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    victoria105victoria105,

    I wish we could give you some idea of timeframe but we really can't - I'd be hopeful that it should be within a month, but can't guarantee. All the staff at the tribunals service always have a backlog of paperwork. The main thing is that this is an error and it can be corrected - and should be! Typos are one thing that should be easily put right. 

    Loopyt, as we've said elsewhere, do attend if you can. But if you really can't, make sure the tribunal know why.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • gazza123
    gazza123 Member Posts: 7 Listener
    Hi i won an appeal on the 31st Aug 18 after 1 year of having claim stopped from dla to pip change. Had both mobility and care put up to enhanced in court. Was very happy DWP now saying there is a wrong date somewhere on paperwork ..just so annoyed im a dad of 4 and we have baliffs knocking lost my car etc.. this money would certainly help ..i suffer with ptsd among other things court was so so stressful as i was sexually abused in prison so to go through court was my worste nightmare ..im worried they will make me go back to court and how long can take for these corrections to all happen anyone had similar expierience DWP apparently arent challenging what the court say just the error just dont understand why they cant pay if you are entitled to the money.. Its all disgusting how your treated Would love to hear anyone else going through the same or any advice 
  • jameshitchkin221
    jameshitchkin221 Member Posts: 11 Listener
    Hello Victoria I am currently going through this situation can you tell me your outcome and how long you waited?
  • jameshitchkin221
    jameshitchkin221 Member Posts: 11 Listener
    I hope someone can help me , I recently won my pip tribunal appeal after a 30 week wait . I was given the statement of why it was overturned and one was sent to department of working pensions . I rang them the other day to see how long it would take to get the back dated payment and for my monthly payments to start , to be informed that there had been a type error and the date stated 17/01/2015 instead of 17/01/2017 which is when my pip was stopped and when it should be backdated to . I gave spoken to the tribunal service who says this is with the judge . My question is how long should this if it's gone back to the judge 
    Thankyou
    Hello I am going through this now so worried can you please tell me what happened 
  • jameshitchkin221
    jameshitchkin221 Member Posts: 11 Listener
  • Kill_Bill_1964
    Kill_Bill_1964 Member Posts: 1 Listener
    DWP and the Tribunal Sevice = Criminal Organisation! Just High Court or EU Human Rights Board helping!
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    Fairly confident there’s nothing “criminal” about either organisation nor this specific issue. 

    Tribunal decisions are usually issued as summary decisions on the day and typed up by the clerk to the tribunal whilst you’re outside waiting. It’s up to you or your representative to read that summary decision as soon as received and request any corrections ASAP.

    It would be both stupid and illegal for the DWP to have the power to either ignore or correct tribunal decisions because

    a) a lower part of the hierarchy is bound by the higher.
    b) if it were allowed then DWP could do the reverse and award for a lesser perfiod than the tribunal awarded. Very much a case of people not ynonkimg throigh what they’re asking for or suggesting should be easy.
    c) tribunal decisions bind DWP so the latter, even if they spot an obvious error, can’t just rewrite the decision how they feel it ought to look. They have to apply to HMCTS for a judge to use the “slip” rule for correction of accidental errors. 

    There is no timescale on this. A party asks for a correction by writing to HMCTS. The latter then send that request to the judge. The latter will no longer have a copy of the appeal papers so DWP may need to reprint and resend those or hoof the judge can remember what it was about from their own notebooks. 

    If the judge is salaried then they’ll have an office base, usually at a tribunal venue and so stuff can be sent there. Their notes will most likely be at home though. If they’re fee paid it all has to go to their home address.

    In both cases those judges could be sitting on 8 or more cases 5 days a week so their ability to do the work required at speed will defence entirely on how much other work they have. They will often be prepping cases or writing statements if reasons long into the evening. 

    So, nothing you can do to speed it up. Relax and let it take its course.
  • victoria105
    victoria105 Member Posts: 22 Listener
    It looks 10 months from DWP to take my award to the court decision to give it back . To me personally it was 10 very long months but the outcome and my success of fighting my case was a positive one . I now have received a work capability assessment form from job centre plus and am trying to fill that out but knowing what I know it helps. I have already requested a letter from my GP at a cost of £22  and print off about my conditions . So my advice is don't give up even when you feel like it and be positive .
  • mikehughescq
    mikehughescq Posts: 8,847 Connected
    It will not take 10 months on a slip rule case.

    @victoria105 why do you need a letter from your GP? Is your diagnosis in dispute? If not then you may have wasted £22.
  • victoria105
    victoria105 Member Posts: 22 Listener
    It took 10 months from having been reassessed and pip taken from me to being rewarded my benefit , slip up took a month  . My disability is not in dispute but I'm so self conscious about what happened with my pip , I want to show evidence to continue getting my ESA and that I am unable to work . So I asked for a letter from my gp. 
  • jameshitchkin221
    jameshitchkin221 Member Posts: 11 Listener
    You said you won your tribunal but a date was error on the letter so what was the next step with the date error? Did they refuse to pay you casue of the error and what error was it?
  • jameshitchkin221
    jameshitchkin221 Member Posts: 11 Listener
    Like original post says tribunal made a mistake with a date that’s what’s happening with me now I’m wondering how long it take for the dwp  to sort the error out with the tribunal 
  • victoria105
    victoria105 Member Posts: 22 Listener
    I contacted the tribunal services to say dwp noticed an error on the dates and sent it back to the judge , it just takes time for the judge to to amend the error , took about 4 weeks . It is stressful thinking it's all sorted then there's an error but it does get sorted .

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