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DWP have no case, what next?

ElainemoonchildElainemoonchild Member Posts: 4 Listener
Hello. My PIP was halved without DWP providing medical or legal evidence to support the decision. The tribunal agreed with me, the Atos report wasn't fit for purpose and the DWP had relied totally on this for their decision. Judge gave DWP until September 18th to submit a case, which they haven't done. Does anyone know what will happen now, please? Will the case be dismissed? How can I ensure that Atos and the DWP are held accountable for their actions? Thank you. Elaine x

Replies

  • YadnadYadnad Posts: 2,856 Member
    Hello. My PIP was halved without DWP providing medical or legal evidence to support the decision. The tribunal agreed with me, the Atos report wasn't fit for purpose and the DWP had relied totally on this for their decision. Judge gave DWP until September 18th to submit a case, which they haven't done. Does anyone know what will happen now, please? Will the case be dismissed? How can I ensure that Atos and the DWP are held accountable for their actions? Thank you. Elaine x
    The Tribunal Court will just give in and sit and wait until the DWP are good and ready to co-operate.
  • ElainemoonchildElainemoonchild Member Posts: 4 Listener
    Thanks. Really? That's dreadful. If I didn't have everything submitted in time, my benefits could have been stopped altogether. Why aren't the DWP subject to the same rule? How are they not been held accountable? x
  • miilreefmiilreef Member Posts: 21 Connected
    I would call the tribunal service and ask them what happens next. They can’t give you advice but they can inform you about procedure or find out details about your case.
  • YadnadYadnad Posts: 2,856 Member
    Thanks. Really? That's dreadful. If I didn't have everything submitted in time, my benefits could have been stopped altogether. Why aren't the DWP subject to the same rule? How are they not been held accountable? x
    I have no idea - they are a law unto themselves.

    Years ago I was in the process of claiming Pension Credit (means tested benefit for the elderly).
    I filled the whole form out except one small section relating to 'profits from self employment'. I had no idea what the annual figure will be - there was 10 months still to until the end of the accounting period.

    The DWP (Pension Service) wrote to me to tell them what the annual profit is. I replied that I had no idea at the moment - but will inform them after the year end in 8 months time. Another letter turned up asking the same question but this time telling me that I had 30 days in which to give them the information they wanted. Again I wrote back telling them - after the year end!

    After the 30 days they then shut the claim down for failure to disclose information about my income.

    Obviously I made a new claim and this time knew what the figure was but I lost a considerable amount of money for the 11 months.

      
  • chrisvanfchrisvanf Member Posts: 64 Courageous
    Hi @Elainemoonchild .. The Courts and Tribunal service should be the ones to speak to, regarding the case.

    I believe, once the Court has given a specific time period for a party to react, then that must be adhered to, the Courts have strict guidelines for this, or it would look like bias or favoritism.

    I would speak to the Court to find out what happens next.

    Hope you get it sorted soon
     
    Edited, re-edited, bits added, bits taken out spellchecked then edited again, 
  • YadnadYadnad Posts: 2,856 Member
    chrisvanf said:
    Hi @Elainemoonchild .. The Courts and Tribunal service should be the ones to speak to, regarding the case.

    I believe, once the Court has given a specific time period for a party to react, then that must be adhered to, the Courts have strict guidelines for this, or it would look like bias or favoritism.

    I would speak to the Court to find out what happens next.

    Hope you get it sorted soon
     
    The courts are very lenient with the DWP in not meeting deadlines as they know that they are busy.
    My beef would be that the claimant should also be given the same leniency.

  • ElainemoonchildElainemoonchild Member Posts: 4 Listener
    Thank you very much for your help everyone xx
  • markyboymarkyboy Member Posts: 368 Pioneering
    All the way thro my tribunal experience the DWP missed deadlines and got away with it
  • ElainemoonchildElainemoonchild Member Posts: 4 Listener
    The DWP still haven't submitted anything. The tribunal service said they will put my case in front of a judge ASAP, and go from there. Fingers crossed it will get kicked out. What happened to you, eventually, Mark? xx

  • YadnadYadnad Posts: 2,856 Member
    The DWP still haven't submitted anything. The tribunal service said they will put my case in front of a judge ASAP, and go from there. Fingers crossed it will get kicked out. What happened to you, eventually, Mark? xx

    Highly unlikely that the judge will kick out the DWP's case.
    They are more likely to send a pleading letter to the DWP asking them to get their finger out.
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