Won Tribunal recently, questions on backpay and upper tier tribunal

maryjane4

 I applied for pip in feb 2017 and was denied through the application process and mandatory reconsideration (I only scored 4 points) . I recently had a tribunal, it was emotionally and physically draining but the judge awarded me with the standard rate for mobility and daily living. I contacted DWP today to ask about the process and if they’d received the decision from the tribunal which they have. The said they have 28 days to make a decision. 

I’ve been really worried that DWP will take it to an upper tribunal, so my questions are: what is the likelyhopd that they will take it to an upper tribunal?

and for those who won their tribunal how long did it take until you recieved your backpaymet & start recieving pip (if it didn’t go to an upper tribunal) 

mikehughescq

No way of saying without knowing the details of your case and what the statement of reasons and record of proceedings say. Most decisions contain an error of law but DWP are generally only interested in pursuing further if your case appears to set an unwelcome precedent.

Time to payment is also influenced by a huge number of factors. I’ve had people get paid within 2 weeks and others nearly a year.

maryjane4

mikehughescq said:

No way of saying without knowing the details of your case and what the statement of reasons and record of proceedings say. Most decisions contain an error of law but DWP are generally only interested in pursuing further if your case appears to set an unwelcome precedent.

Time to payment is also influenced by a huge number of factors. I’ve had people get paid within 2 weeks and others nearly a year.

I applied for pip because I suffer with anxiety & panic attacks , it affects my every day life to the point where I became agoraphobic. I was granted 10 points for the daily living component and 10 for mobility. In the tribunal decision notice it states: “By reason of a mental health disorder, Miss Jane is significantly limited, in particular in the activities. As a result Miss Jane qualifies for the above award of PIP. In reaching its decision the Tribuanl placed particular reliance upon confirmatory medical evidence and cogent oral evidence from Miss Jane.”

The statement of reasons hasn’t been completed yet as my tribunal was only a few days ago. 

Pippa_Alumni

Hi @maryjane4, and welcome to the community!

Sorry to hear how challenging your tribunal was, but good to hear that you've been given an award. As Mike says it's really difficult to predict how things will go- if you're feeling worried or you don't hear anything, you may want to consider contacting the DWP again.

For what it's worth, I really hope everything goes smoothly and you'll receive your payments soon, and please do keep us updated. If there's anything we can support you with in the meantime, just let us know.

maryjane4

PippaScope said:

Hi @maryjane4, and welcome to the community!

Sorry to hear how challenging your tribunal was, but good to hear that you've been given an award. As Mike says it's really difficult to predict how things will go- if you're feeling worried or you don't hear anything, you may want to consider contacting the DWP again.

For what it's worth, I really hope everything goes smoothly and you'll receive your payments soon, and please do keep us updated. If there's anything we can support you with in the meantime, just let us know.

Thank you Pippa. I have contacted DWP twice but they’re said there’s no news yet as it was pretty recent & I should hear something by the 19th. I will keep you guys updated once I get some news. 

Thanks again. 

maryjane4

Just an update. 

I got got a call from DWP today asking a few questions like have I been in hospital. They said I will be receiving PIP and should get my backdated payment next week! 

Thank you guys for your help

CockneyRebel

Thats great news thanks for letting us know

CR