GOING TO TRIBUNAL

ewoodblue

HI AGAIN IVE GOT MY DATE ITS FOR THE 25TH   JAN, I WAS WONDERING IF I SHOULD ASK THE AT THE TRIBUNAL IF I WIN ABOUT MY BACKPAY ,OR DO I LEAVE IT AND ASK,LATER ,AS I REALLY NEED IT TO PAY OF MY DEPTS ,IVE GOT SINCE THE ESA STOPPED MY MONEY IN JUNE 

peasgood3

Hi ewoodblue - if it's anthing along the lines of PIP benefit then -

Is your's an oral hearing, if so DO go as it gives more weight to your case when they listen to you in person.

IF you win - the Tribunal should determine if your award will be back dated to when you were first paid ESA after the initial assessment and usually follows whatever dates your claim is for (so if it's for 3 years, they go with that. If it's for five years they, go with that etc).

I've read comments by the advisors on this site that the DWP do have a right to "appeal the appeal" but only on the grounds of a point of law not being followed NOT because they still dissagree with what's been said.

If they do notifiy you that they are appealling - then they have 28 days to make their decision (and i've read on here that they can be spiteful enough to stop your existing benefit whilst they do this - but i see they have already stopped yours so that part won't be any different, except for the delay you may have).

I really don't mean to make you worry (although it does concern me as we've just had a decision in our favour for PIP within the last few days and stopping our existing benefit would put us in trouble for a while). I'm preparing for the worst case scenario as the DWP seam to be like the bullying spiteful child who cuts off their nose to spite their face.

Eventually though, they should change and update the system to reflect the appeal and give you everything you are due in back pay.

If you are having financial problems because of this, may I suggest you go to the Citizens Advice Bureaux as they have excellant advisors specific to finance who can help you with writing letters for time to pay, compiling an income and expenditure sheet for you based on what you are getting now (as opposed to what you feel you should be getting).
The CAB can help take the weight off your shoulders (they did for us a while back now) and if you have the backing of the CAB, companies are more likely to allow you time - and their are special schemes availalble for things like water.

I hope this post helps in some way.

peasgood3

Thank's for that mike - I will clarify more in any future posts. It's always good to learn :-)