PIP, DLA and AA
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Dwp - waiting on results from hearing

clark30clark30 Member Posts: 25 Connected
edited November 2017 in PIP, DLA and AA
Still awaiting now 11 weeks with judge surely the dwp have to chase up the info

Replies

  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    It must be really frustrating for you, have you tried calling and asking for an update on how long it will be?
    Scope
    Senior online community officer
  • mikehughescqmikehughescq Member Posts: 5,967 Disability Gamechanger
    Do you mean you're awaiting a decision on the claim or on an appeal?
  • clark30clark30 Member Posts: 25 Connected
    I won the tribunal and just keep phoning the courts and keep getting told it’s with the judge  it’s been with him since September this year.Then called dwp and got told all we have to do is wait for the statement of reasons 
  • mikehughescqmikehughescq Member Posts: 5,967 Disability Gamechanger

    Did you get a summary decision on the day or were you told the decision was not being given on the day and it would be in the post? DWP do not need anything but the summary decision to put benefit into payment.

    If you won, why do you need a SoR/RoP? Is this because you think the award ought to be higher and wish to challenge it?

  • clark30clark30 Member Posts: 25 Connected
    I have a summary but the dwp want to consider applying for permission to appeal against the decision that is why they want the statement of reasons 
  • clark30clark30 Member Posts: 25 Connected
    But awaiting for the sor from the judge
  • Sam_AlumniSam_Alumni Scope alumni Posts: 7,731 Disability Gamechanger
    Hi @clark30
    Our Benefits Advisors wrote a very handy step-by-step explanation about SORs recently, which includes some useful information about timeframes and when you can expect to find out more about your claim.

    Scope
    Senior online community officer
  • mikehughescqmikehughescq Member Posts: 5,967 Disability Gamechanger

    Aha, so DWP could put benefit into payment but have elected to not do so as they're awaiting the SoR from the judge in order to consider an appeal to the Upper Tribunal.

    They could be pressed for payment but their counter argument will be that were they to ultimately win the case then you will have potentially been overpaid and it would not be recoverable so, better to not pay out in the first place. Not saying I agree but that's what their argument will be.

    The judge has a deadline by which they need to produce such documents but whether they hit that will depend on the volume of similar requests and whether they are salaried or fee paid. There's obviously an incentive for the fee paid to crack on with such things but it doesn't always work out like that.

    It's a judgement call and there's no "right" advice in such situations. A complaint to HMCTS may kick things into gear but equally you don't want to rush a judge into doing it quickly if details are then recorded incorrectly. I would suggest it's best to sit tight and see what happens next, frustrating as that may be. You may feel differently.


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