PIP, DLA and AA
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MS and PIP tribunal

SusieDSusieD Member Posts: 15 Connected
edited November 2017 in PIP, DLA and AA
Hi, I have MS and am going through the whole PIP thing. I now have a date for the Court of Tribunal and am told the DWP is offering no defence but I need a contingency plan, with MS I must always have a plan B in hand and planned. What if I win the case but DWP don't pay?

Is it a civil case of not having paid what they are legally obliged to pay, Solicitor - Barrister - County Court - Judge, plus costs?
Or is it a criminal case of fraud, Solicitor - Barrister - Magistrates Court - Crown Court - High Court - Supreme Court plus costs? 

Contributors to this site seem to think CAB is enough, but can I do better and go to the High Court? Should I?



Replies

  • izaiza Member Posts: 471 Pioneering
    Hi @SusieD, I think is always good to apply as high as possible to fight for your rights. But you need to prepare.  It is very long process of few years fight. I cannot answer your two ? regarding the type of case. 
    Please @BenefitsTrainingCo can you help here. 
  • SusieDSusieD Member Posts: 15 Connected
    Thank you, that is very helpful. I am getting very stressed with this.
    Now I have to read through a very thick file of Court papers.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    SusieDSusieD,

    If you win, then the DWP may, it's true, pause before paying you. This happens more often than it used to, because they tend to ask for a statement of reasons from the tribunal, during which time they don't pay you the benefit. If they then decide to seek permission to appeal further, there is another pause. But it would be very unusual for them to actually get that permission and appeal to the Upper Tribunal (it does happen, but only if the first tier tribunal, the one you are going to, makes an error of law). 

    It is a civil case, and at the moment, doesn't involve costs. The stage after the first tier tribunal would be the upper tribunal. It is highly unlikely (although it does sometimes happen) that a case would continue to the higher courts.

    If the DWP are not defending the case then you may find that you arrive to be given the decision! And in a case where they are not defending I would not expect them to delay payment, either (in other words, if they are not preparing a defence I can't see why they would feel it necessary to ask for a statement of reasons after the tribunal).

    A CAB can give you all the support you need at this stage, although not all will provide representation. Don't worry about this too much, as it sounds as if the DWP will not be represented either. It is entirely possible to get the correct result by yourself. I would recommend knowing what points you think should apply to you, and why. So if you haven't yet done the PIP self-test, that would be worth doing in advance (apologies if you have thought through all this already). 

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • SusieDSusieD Member Posts: 15 Connected
    Thank you for that. But I must have a contingency plan, a what if? Prepare for if something doesn't go to plan.
    The Court papers include a letter from the DWP to the court stating when payments are to be back dated to and it looks as if it is assured. But they said that about the move from higher rate DLA to PIP and that went wrong.
    If it fails this time I shall have to cash in another chunk of my pension funds. It is worrying.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi SusieD

    Do you currently have an award in payment ?

    If you do then the tribunal can either increase it, keep it the same or remove all or part of it.

    If they increase it then you have won.
     
    The DWP may or may not apply for a SOR, nothing you can do about that.
    If they apply for a SOR, they then need to find an error of law to challenge the decision, nothing you can do about that.
    They may not apply for an SOR and put your award into payment, usually 5-8 weeks, nothing you can do about that.

    If the tribunal keep your award the same, you may apply for an SOR and try to find an error of law, you will need to get trained help for this.

    If the tribunal consider that your current award is unsafe then the judge should warn you giving you the option to withdraw your appeal. 

    If you have an award in payment then you can only reapply when invited to do so at the end of your award term or if your condition significantly worstens or you develop a new condition

    If you don't have an award in payment all the above still apply but you can reapply for PIP straight away there is no waiting time

    Try not to overthink the possible outcomes, concentrate on presenting your clearest and best case and you stand the best chance of achieving the correct award

    CR
     
    Be all you can be, make  every day count. Namaste
  • SusieDSusieD Member Posts: 15 Connected
    All payments were stopped. Court of Tribunal coming up soon and I have to make contingency plans for the worst case scenario.
    Next problem is how to get this envelope of evidence to the Post Office and sent - they have a doorstep that my wheelchair abhors at the rear entrance where I may park.

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi Susie

    So your worst case senario is that the tribunal will not award you anything.

    Your contingency plan is then to reapply for PIP as you have no award in payment.

    It is important to understand the points system, the descriptors and the criteria for an award. A good place to start is the B&W self test

    http://www.mybenefitsandwork.co.uk/pip/indexxx.php

    This should form part of your worst case contingency plan, use it as the base for preparing a new claim, using all the knowledge you have gained from this time.

    I really hope that this is not necessary and that you appel will be up held, however it will also be useful for when your award comes up for review

    CR


    Be all you can be, make  every day count. Namaste
  • SusieDSusieD Member Posts: 15 Connected
    New applications for PIP are banned over the age of 65. The DWP believe disabled people may not stay alive beyond that age.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    SusieD said:
    New applications for PIP are banned over the age of 65. The DWP believe disabled people may not stay alive beyond that age.
    Indeed, new applications for PIP are not accepted after retirement age, but existing claims will remain in payment as long as the criteria for an award exists. Any PIP award, even after retirement age is subject to review.

    My apologise if I am being indiscrete, but I see no mention of your age

    CR  
    Be all you can be, make  every day count. Namaste
  • mel106mel106 Member Posts: 9 Listener
    Had to hand our car back yesterday :( now I've got to write a letter to appeal all this **** over two points so stressful can't cope with it all :(
  • SusieDSusieD Member Posts: 15 Connected
    Mel, get a support service on your side. The local Citizens Advice, or maybe the GPs surgery have a Community Guidance Counselling service.
    Unless you need a modified vehicle it is better to buy a 3 year old ex-Motability car paid for with a bank loan - shop around for the best deal, not the one on offer at the dealer. your bank can do better than that. You get to own a vehicle that has been looked after and little used for 3 years since new.
    This whole PIP thing is so stressful it has seriously damaged my health. get support, keep the papers together in a file and attend to it logically with help.

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