PIP, DLA and AA
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dla tribunal yesterday, what next?

EmmyW1984EmmyW1984 Member Posts: 1 Listener
hi everyone

I’ve been recommended to come over here and ask for some advice.

My 2 year old daughter is epileptic, she started to have seizures when she was 5 months old. She is on medication twice a day and still has seizures quite regularly, however, she has never had any triggers, she doesn’t have a pattern to these and she’s under speech therapy so can’t even warn us if she feels weird. We were awarded dla last June at the middle rate allowance. However this year, dwp decided that she doesn’t need any extra care compared to a normal child of her age

I went for the mandatory reconsideration and it was rejected not even two days later. So I of course decided to go to tribunal.

We had to wait 4 months for a date and the tribunal was yesterday. The dr and disability specialist barely had any questions for me and the judge had no questions at all. They asked me to leave the room while they decided and it was ruled that my daughter should still receive middle rate care until 2020. I got emotional and started to cry as it feels like it’s been such a hard long battle.

I phoned dla today to enquire roughly how long I’m looking at for it to be reinstated and explained that I’d got upset so didn’t take a massive amount in after they gave me the decision. The woman I spoke to practically sneered down the phone at me that it could take 6-8 weeks and it’s got to go to yet another decision maker before any payment is reinstated.

I don’t understand where to turn to next. It just feels like wait after wait after wait. I’d much sooner not have reason to need this money, but I do. I have to take my daughter to her appointments, so I can’t work as they’re so regular and there’s no one else available to take her.

Can anyone advise on what the next step is please? I’ve tried googling, but I’m getting so lost and confused

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Great news on winning the tribunal.  The person you spoke to from DWP is correct it can take 6-8 weeks to receive backdated money owed. Your Tribunal hearing was actually very quick, lots of people are waiting several months and even as long as 1 year for their hearing. Unfortunately there's nothing further you can do but wait. 
    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.
  • lisabrazil80lisabrazil80 Member Posts: 94 Connected
    As eny one won tribunal for the metil heath problems 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As eny one won tribunal for the metil heath problems 
    I'm sure plenty of people have been successful, yes. 
    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.
  • Peasmold_01Peasmold_01 Member Posts: 144 Pioneering
    The person you spoke to at the DWP, probably did not explain the situation correctly. The referral to another person at the DWP, is not a decision maker, they just review the ruling from the Tribunal. They look to see if there are any matters of law that may warrant an appeal by the DWP. NOTE  matters of law. Checking to ensure that that the Tribunal has not made a decision that is not fully compliant with the relevant legislation. That should normally take a week to 10 days. Once it has been through that process, all the back pay will be calculated and paid into the nominated bank account  It usually goes into the account before you receive a letter from the DWP explaining everything you are entitled to. 6 to 8 weeks is the longest it should take as there are now legal constraints on how long DWP have in which to make any outstanding payments and information relating to your new award. Good luck for the future  
  • YadnadYadnad Posts: 2,856 Member
    Peasmold_01 said: Checking to ensure that that the Tribunal has not made a decision that is not fully compliant with the relevant legislation. That should normally take a week to 10 days...……….. you are entitled to. 6 to 8 weeks is the longest it should take as there are now legal constraints on how long DWP have in which to make any outstanding payments and information relating to your new award. 
    So glad that you said legislation and not their guidance of it as there is generally a whole world of difference between both.

    Could you please let me have a link as to where I might find mention of this legal constraint? As far as I am aware the DWP are under no obligation to do anything when dealing with how long it would take to make a payment of benefit following a Tribunal hearing.
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