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Tribunal

ljenkljenk Member Posts: 35 Connected
hi!
After a year of worry and an hour and ten minutes of grilling and embarrassment and tears I was awarded enhanced for both, they gave me a letter there and then and said it was a majority vote
i called DWP who said they received the document for the court. How long before I receive the documents from them so I can try and get a mobility vehicle as the one I’m borrowing is being sold

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Great news. Backdated money can take anything between 2-8 weeks. DWP do have 28 days to ask for the Statement Of reasons from the Tribunal, they may make you wait at least this long. If your Tribunal was a few weeks ago then give PIP a ring. If i was recently then i'd wait a couple of weeks until you ring them. Hopefully you won't be waiting too much longer.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • ljenkljenk Member Posts: 35 Connected
    Thank you. It was more the letters so I can get a mobility car. I have rung a couple of times and they said they received from the court and it’s with someone 
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    I would not pressure DWP on this at present. A majority decision is fairly rare and  is a red flag for DWP to potentially look to challenge the decision. Their first step will be to request a statement of reasons and record of proceedings. If you keep ringing then you’re increasing the chances of someone looking closer at the decision and beginning to ask why it was only a majority decision.
  • ljenkljenk Member Posts: 35 Connected
    Ok thank you. I was just anxious as I wanted to know they had it 
    I was initially awarded 11/12 for care and 10/12 for mobility and the tribunal awarded 13/12 for care and 20/12 for mobility. 
  • ljenkljenk Member Posts: 35 Connected
    I think the majority was the doctor and judge as the disabilities person took an instant dislike. There wasn’t a DWP rep there 
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    It’s by the by but it’s a mistake to think that the demeanour of any tribunal member is any indication of their views on their case. There’s simply no way of knowing. 
  • joyclynjoyclyn Member Posts: 67 Courageous
    I wrote yesterday about my problem but  reading now I hope u could help I will keep it brief 68 yrs tribunal yesterday  running 1 hour couple mins lat 4.5pm I was very very stressed did not stop crying anyway the judge  asked if they could write to my doctor regaring my mental  health also get help from dissability rights on points my support worker there but not really acknowledged  so tribunal stopped 4.45. judge said may get them agàin but could b others but I would b more aware of what goes on is this now a new tribunal could it take months I wrote my doctor to inform her thank you
  • ljenkljenk Member Posts: 35 Connected
    Do they ask for a statement of reasons often? I run gup a couple of times purely to check and also by the end of the hearing I didn’t even take in that was said as was so exhausted 
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    It’s more frequent than it used to be.
  • ljenkljenk Member Posts: 35 Connected
    I just think they surely can understand someone has been stripped of everything no car throughout the year and had to fight to tribunal to then have it awarded on pip - naturally they are going to call to see if it’s there, whether someone has it or whether it’s been looked at yet?
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    When I won my tribunal judge didn't say whether decision was unanimous or majority.  Think it might have been majority as the doctor seemed unsympathetic.

    I wonder what the ratio of unanimous to majority decisions is.
  • ljenkljenk Member Posts: 35 Connected
    Tbh I have no idea- did DWP send you your papers. I spoke to a lawyer who said majority or unanimous it went in my favour. They wrote down all the points and reasons why it ruled in my favour. Mobility just told me to ring DWP again and explain the situation with the car 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    My tribunal was a year ago.  I received DWP award letter, new payment rates and arrears about three weeks after hearing date.  Though waits can be longer.

    Hope you hear soon.
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    Unless stated explicitly otherwise all decisions are unanimous. Majority decisions always have to be specified as such.
  • ljenkljenk Member Posts: 35 Connected
    Yes it’s says the majority on there and they placed particular reliance upon medical evidence (as I submitted a lot more evidence from my doctor)
    the judge and doc I think were in my favour. DWP weren’t there but another lady a disabilities advisor or something like that 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited June 2018
    My tribunal decision letter did not refer to a majority decision so I suppose my decision must have been unanimous.

    Tribunal placed a lot of weight on my medical evidence even though it was old and on my own testimony.




  • ljenkljenk Member Posts: 35 Connected
    Yes my tribunal mentioned a majority decision and that they placed a lot on medical evidence as I sent in more before tribunal 
    the doctor and judge were ok it was the other lady. I don’t know who she was? She wasn’t DWP - she didn’t have a title as such 
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    DQTM - Disability qualified tribunal member. A person with “experience” of disability. They will have been introduced at the outset but at that point most appellants aren’t listening.
  • ljenkljenk Member Posts: 35 Connected
    No I didn’t hear as had panic attack before I went in and spent most of the tribunal in tears. It was that lady who kept asking me questions over and over. It was almost bullying. The doctor turned around and said to her ‘we’ve already been through this’ and she replied ‘well I’ll keep my mouth shut then,’
    just hoping the DWP agree to it all as the medical evidence I submitted before tribunal from my doctor was very detailed as he pointed out all the descriptors he felt they have underestimated my points 
  • ljenkljenk Member Posts: 35 Connected
    They said they had relied on the medical evidence given aswell which the DWP did receive before tribunal 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    DWP can't overturn a tribunal's decision.  However, they can ask for a statement of reasons but only rarely do DWP actually appeal to a utt.
  • ljenkljenk Member Posts: 35 Connected
    They’ve given reasons on the paper and shown the points given saying they are satisfied and based also on all medical evidence 
  • joyclynjoyclyn Member Posts: 67 Courageous
    please can anyone tell me if through been upset at tribunal judge asks if they can stop and get  mental health records from my doctor also for me to get help dissability rights or c.a.b about points I'm 68 is this going to b a new tribunal???I don't know what's really going on please any help much appreciated  
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    Could you break that down please as I’m not sure what the question is.
  • joyclynjoyclyn Member Posts: 67 Courageous
    so sorry I was at appeals got stopped. gave judge permission for them to contact my doctor mental health. so now when tribunal receives whatever will I b put down as new tribunal or do they have me down as already been and may get it done quicker hope this helps
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    I don't know.  You could phone the Tribunal Clerk and ask.

    Try to get some f2f advice from CAB or similar.
  • ljenkljenk Member Posts: 35 Connected
    Do you think I’ll be ok?
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    edited June 2018
    @ljenk

    If you haven't heard from DWP within 28 days then it's too late for them to ask for a statement of reasons (SOR) so phone them and ask when you can expect your award letter and money.  DWP didn't ask for an SOR in my case.

    If DWP aren't going to ask for an SOR, the earliest you are likely to get your award letter is three weeks from date of appeal hearing.


  • ljenkljenk Member Posts: 35 Connected
    What do you think the chances are? I suffer with massive anxiety so now after a year of worrying about the tribunal I’m now worrying about this 
    I’ve seen a couple of posts that people seem to get the SOR within a week of tribunal hearing 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    If they are going for SOR you'll probably hear soon - but they do have up to 28 days.  If they do ask for SOR, it's unlikely they'll appeal to an upper tribunal.
  • ljenkljenk Member Posts: 35 Connected
    Thank you. Just been looking it up as it has to be an error of law and the papers from tribunal give statements and said they were satisfied (majority) and also based on a lot of medical evidence - my doctor went through the pip papers giving reasons whrrr he said they had underestimated 
  • mikehughescqmikehughescq Member Posts: 5,914 Disability Gamechanger
    joyclyn said:
    so sorry I was at appeals got stopped. gave judge permission for them to contact my doctor mental health. so now when tribunal receives whatever will I b put down as new tribunal or do they have me down as already been and may get it done quicker hope this helps
    Do you mean that your appeal was adjourned for further medical evidence? 

    If that was the case then you’ll be relisted when a slot becomes available. 
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