PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Won PIP tribunal but worried DWP will appeal

Kimbeau0709Kimbeau0709 Member Posts: 4 Listener
edited June 2018 in PIP, DLA and AA
I attended and won a PIP tribunal on Saturday 23rd June 2018, I have been award the standard daily living allowance from 21/09/2017 for 3 years by the tribunal.
Some of the posts I'm reading are leaving me feeling very worried about whether the tribunal decision will just be ignored by the DWP. The extra money is a welcome bonus to me especially as I didn't expect the tribunal to go my way.
I am very new to the benefits system, having to make claims for the first time this year. Does anyone have any idea how long the DWP take to let me know whether they accept the tribunal decision and action the payments, please

Replies

  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Kimbeau0709, and a warm welcome to the community.

    Congratulations on winning your appeal! Do bear in mind that people often come to our community for advice, so it may well be that people are more likely to share their negative experiences on here, rather than positive. That said, please do keep us updated: I'm sure many of our community members will be able to relate to how you're feeling.

    From what others have said, it seems that the DWP usually take 5-8 weeks to put a successful tribunal decision into payment.

    I wonder if @Matilda would be able to add anything here? 
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @Kimbeau0709

    The DWP cannot ignore the tribunal's decision - it has the force of law.  They can ask for a statement of reasons and even appeal.  However, it is rare for DWP to appeal.  If they are going to ask for an SOR, you should hear within a week or two.
  • Kimbeau0709Kimbeau0709 Member Posts: 4 Listener
    Hi Pippa and Matilda
    Thank you for your replies. I am very new to all of this and am really grateful for the information you have both given me.
    I attended the oral hearing on the advice of a friend and am really glad I did. It wasn't as bad as I thought it would be and the panel were really nice. I was able to give them more information on the day and I would recommend that others attend their tribunals, because the panel see the person rather than just a name. I have to say the win was a surprise and the recognition of my medical condition really made a difference to me personally, almost like a validation of sorts.
    Thanks again, I will keep in touch and let you know how it goes.
    Kim


  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi

    A very warm welcome.

    You provide very sound advice about attending in person.

    The panel have the opportunity to test your evidence and get to know about how things affect your daily living.

    The DWP has 30 days to consider an appeal, don't panic if you are told this.

    This is just the rules, in reality DWP will stay well away from the Upper Tribunal.

    They have a number of "set backs", recently at the UT - poor lambs.

    I would leave it 4 weeks, then give PIP helpline a bell.

    Best wishes
  • Kimbeau0709Kimbeau0709 Member Posts: 4 Listener
  • BennyTallisBennyTallis Member Posts: 19 Connected
    I had my appeal on 13th June this year and called them today.. Week four... They said that a case worker was finalising some checks. I did the payability q's other week. Apparently a note on system saying checking DLA paperwork and archived. I asked why they were cross checking my DLA forms as I was told these are completely different benefits and unrelated... Any ideas? 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Although DLA and PIP are different benefits, if you have been on DLA for some time you can ask for it to be taken into consideration as sometimes it can provide additional relevant evidence
    Be all you can be, make  every day count. Namaste
  • BennyTallisBennyTallis Member Posts: 19 Connected
    I said in tribunal it was my parents that applied for DLA so was their opinions of how it affected me. Pip had given me standard Mob for ongoing period. Tribunal awarded me full for both elements for five years but is the same none progressive condition. I bet pip don't give me ongoing now. Although I believe someone told me I should appeal the award time as secretary of state already acknowledged my condition was ongoing and life long. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I said in tribunal it was my parents that applied for DLA so was their opinions of how it affected me. Pip had given me standard Mob for ongoing period. Tribunal awarded me full for both elements for five years but is the same none progressive condition. I bet pip don't give me ongoing now. Although I believe someone told me I should appeal the award time as secretary of state already acknowledged my condition was ongoing and life long. 
    As you were awarded Enhanced for both parts for 5 years by the Tribunal then that's what your award will be and you'll need to re-apply again in 5 years time. You won't be able to appeal that decision unless there was an error in law made.

    Hopefully it won't be too long before you receive the money you're owed.
    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.
Sign in or join us to comment.