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How long until I get my back pay following pip tribunal win ?

Fastlife91Fastlife91 Member Posts: 10 Listener
edited March 2019 in PIP, DLA and AA

Hi
i went to a PIP tribunal on 1 March 2019. I was awarded daily living component and therefore my mum will now get carers allowance again, both back dated to October 2017.
It has been 16 days and I still have not received back pay  or had a letter that states my award from the tribunal. 

How long please until I should expect to receive the back pay ?  Apparently my mum can't apply for carers until the letter comes through to confirm the award.

Thanks


Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    Great news. It can take 8 weeks to receive backpay after a Tribunal win.
    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.
  • lindadeniselindadenise Member Posts: 302 Pioneering
    Yes mine took around 6 weeks to come through, DWP waited the 28 days which is given if they want a statement of reasons. I rang after the 28 days and they said that i would have money within 10 days.
    I got it within 9 working days.
  • Fastlife91Fastlife91 Member Posts: 10 Listener
    HI,

    Great news. It can take 8 weeks to receive backpay after a Tribunal win.

    Hi Poppy.
    It will be going into the 3 week from tomorrow. Should I give them a call and make sure everything is okay ? 

    I am glad I got my daily living rate award of PIP but then I am disappointed and confused. I was getting DLA indefinitely, middle on daily living and low on mobility. My circumstances pretty much remain the same.
    In the tribunal I put it across I was unable to go out alone and they asked if I could have got to the tribunal alone if my mum had arranged a taxi for me, I said no. I told them I only go out to the corner shop alone which is a 2 minute walk but other than than my mum comes with me.
    I think she misheard a few of my answers throughout the tribunal as a few times she asked me to repeat myself so maybe she didn't hear right.
    on the form after the tribunal it explains the points and they awarded me 0 for parts on the mobility that should have gotten me the points. 

    any advice please ?

    thanks

    edit : by the way, my condition is Dyspraxia and anxiety ( anxiety not diagnosed as never been to talk about it ) 

  • Fastlife91Fastlife91 Member Posts: 10 Listener
    Yes mine took around 6 weeks to come through, DWP waited the 28 days which is given if they want a statement of reasons. I rang after the 28 days and they said that i would have money within 10 days.
    I got it within 9 working days.

    Hi Linda. I'm glad you got it sorted out.

    Do you think I should give them a ring tomorrow and make sure everything is in order ?  it will be going into the 3rd week from tomorrow.

    thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You can ring them anytime but they do have 1 month from the date of the decision to request the statement of reasons.

    For the mobility part that you didn't score points in did you send evidence to the Tribunal for this? You can also request the statement of reasons within 1 month, once you receive this you have to find an error in law, otherwise you won't be able to appeal the decision.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    For following and planning a journey you won't score any points for just anxiety alone. Overwhelming psychological distress (OPD) must be present for you to score any points here. 
    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.
  • Fastlife91Fastlife91 Member Posts: 10 Listener
    edited March 2019
    You can ring them anytime but they do have 1 month from the date of the decision to request the statement of reasons.

    For the mobility part that you didn't score points in did you send evidence to the Tribunal for this? You can also request the statement of reasons within 1 month, once you receive this you have to find an error in law, otherwise you won't be able to appeal the decision.

    So they can appeal my award ? I don't understand why they would want a reason why I got my award ? 
    Is it possible I could get my back pay next week or do I have to wait until 28 days have gone past ? 

    The sooner I get this sorted the sooner my mum can apply for carers allowance as you only get 3 months to claim it.

    I didn't send evidence in about the mobility part but they did not request it, also I got mobility on DLA and they didn't request it then either. I am not sure if I scored zero points for mobility or just not enough, which I feel they misjudged.
    If I did appeal the decision could I lose my award of daily living component following the review ? 

    thanks again Poppy
  • lindadeniselindadenise Member Posts: 302 Pioneering
    You can ring DWP they will tell you if they are requesting a statement of reasons. When i rang after a month they told me that they allowed the appeal, the lady was very helpful and check all my details were correct and my bank account.
    She then told me i should get my back payment within 10 days it was only 9 days.
    Worth ringing put your mind at rest.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    DWP have the same chance we do to appeal the decision but they can't do this without an error in law being found. To see if there's an error they must first ask for the statement of reasons. If they ask for this it doesn't mean they're appealing the decision.

    It's the same for us, we can't appeal the decision without finding the error in law. You have 1 month from the date of the decision to request the statement of reasons.

    DLA and PIP are completely different benefits. PIP isn't awarded based on a diagnosis, it's how those conditions affect your ability to carry out daily activities based on the PIP descriptors. Scoring points for following and planning a journey is possible if you have either a cognitive/sensory impairment or for anxiety then Overwhelming psychological distress (OPD) must be present.

    It's not their responsibility to request the evidence. The onus is on the claimant to prove they qualify not their's.



    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.
  • crohnie79crohnie79 Member Posts: 2 Listener
    Hi
    I hope all was sorted for you. Can I ask how long you waited for your paymenrs and back pay in the end? 
    Im 2 days shy of 6 weeks after tribunal win and still nothing from DWP, not even a letter informing me of payments?
    Thanks all :) 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Backdated payments can take 8 weeks. You'll receive a phone call asking about bank details and any hospital stays before then pay what they owe you.
    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.
  • crohnie79crohnie79 Member Posts: 2 Listener
    Thanks ive done all that with them already as i phoned them the day of the tribunal.
    Makes me cross they sit on it for so long! I understand they have the 28 days but they must know pretty wuick whether they will contest a decision. They would be yelling if we owed them! 
    Im due back pay from June last year! 
  • silverwing33silverwing33 Member Posts: 2 Listener
    i have severe generalised anxiety disorder and it is due to my anxiety that im not able to go places without my carer with me. I was awarded standard mobility at tribunal because of this. Anxiety CAN be seen as OPD!! to say it cant be is incorrect. 
  • silverwing33silverwing33 Member Posts: 2 Listener
    ah you say that, but i had to go to tribunal to get my awards. Beforehand i scored 0 points for everything. My diagnosis for my severe anxiety, OCD, depression and Autism and written reports including the assessors report were all ignored. The decision maker instead just made up stuff from a small paragraph based on the assessors observations. That was it. 
  • EndoWarriorEndoWarrior Member Posts: 3 Listener
    crohnie79 said:
    Thanks ive done all that with them already as i phoned them the day of the tribunal.
    Makes me cross they sit on it for so long! I understand they have the 28 days but they must know pretty wuick whether they will contest a decision. They would be yelling if we owed them! 
    Im due back pay from June last year! 
    Hi. Did you get your back pay from June last year? 

    I had my tribunal on 5th September this year.. Was awarded with backpay to November last year.. So I'm owed 10 months worth.. I called up 2 weeks ago and they needed me to confirm my bank details etc.. I have today received 3 months worth of what I'm owed... 

    Just wondered if you'd received yours yet and whether you got the whole amount in one or it went in over the space of days or whatever?

    Thanks. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @EndoWarrior you should have received all of your backdated money at once, unless of course you started a new claim before your Tribunal date.

    If you didn't then you'll need to ring DWP first thing tomorrow morning and ask why you haven't received the full amount.
    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.
  • EndoWarriorEndoWarrior Member Posts: 3 Listener
    @poppy123456
    I didn't start a new claim so I shall call them up first thing. 
    Thank you. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @EndoWarrior and a warm welcome to the community! I hope you are able to ring up today and get everything sorted. :)
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  • EndoWarriorEndoWarrior Member Posts: 3 Listener
    Hiya. I had the rest of what I was owed go into my bank at midnight this morning. So I haven't had to call them up. 
    Now just need to wait for the letter telling when my normal pay date is.

    😁
    Thank you! 😘
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    That's so good to hear! Thank you for letting us know. :)

    I bet that was such a relief! I hope you aren't waiting too much longer for the letter. :)
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  • vicky1234vicky1234 Member Posts: 4 Listener
    How long did you have to wait for your tribunal date? Is it mionths 
  • JurphJurph Member Posts: 346 Pioneering
    vicky1234 said:
    How long did you have to wait for your tribunal date? Is it mionths 

    It all depends on your local tribunal centre unfortunately. I called once I lodged my appeal and was given an estimate.

    Mine ended up being 18 months from first applying to the tribunal date.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    vicky1234 said:
    How long did you have to wait for your tribunal date? Is it mionths 
    Backlogs are huge in most areas and some are waiting at least a year for a hearing date.
    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.
  • vicky1234vicky1234 Member Posts: 4 Listener
    That's ridiculous I'm waiting for a date in Exeter I'll have a ring tomorrow x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They will give you a timescale but do be aware that it will just be a guide.
    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.
  • vicky1234vicky1234 Member Posts: 4 Listener
    I will do a year is absolutely appalling
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That will be the backlogs sadly. Some are actually waiting in excess of 1 year. Then add on the time it takes to receive backdated money if you win then it increases the time even further.
    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.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,937

    Scope community team

    Please let us know when you hear @vicky1234:)
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    Scope

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  • vicky1234vicky1234 Member Posts: 4 Listener
    12 months !! 😠 it's so bad!! 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Unfortunately, we can't do anything about the backlogs. I'd advise you to make sure that all the extra evidence is sent ASAP to HMCTS. You could also use this time to write your submission, using those real life life examples for each descriptor that applies to you, this will definitely help.
    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.
  • Kay2512Kay2512 Member Posts: 11 Listener
    vicky1234 said:
    12 months !! 😠 it's so bad!! 
    It’s really crappy waiting, but worth it in the end to continue the fight. I lost my DLA October 2017, took until October 2019 for the tribunal hearing, I won enhanced rate for both and received 104 weeks of backpay. It was an awful couple of years but came out the other side. Chin up, it’ll go quicker than you think xx
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Thank you for sharing this @Kay2512, I'm so glad you got the award in the end. :)
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  • Zoe27Zoe27 Member Posts: 1 Listener
    Hello I had my tribunal on nov 26th and won it today  16th dec I had a call from dwp asking me for bank details and 5 questions how long after the back pay goes into the bank?

    I'm new to all of this and dwp weren't very helpful 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited December 2019
    Zoe27 said:
    Hello I had my tribunal on nov 26th and won it today  16th dec I had a call from dwp asking me for bank details and 5 questions how long after the back pay goes into the bank?

    I'm new to all of this and dwp weren't very helpful 

    Great news. It shouldn't be too long now but there's no timescales. The only ones that can tell you for sure is DWP. Give them a ring tomorrow to ask.
    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.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Great news @Zoe27! Have you had chance to call?
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  • PeterL1988PeterL1988 Member Posts: 3 Listener
    Applied for PIP in July 2018. Went all the way to a Tribunal on 9th January 2020. We won the Tribunal with the DWP going in first to make a deal of Standard Daily Living to which we contested and got Enhanced. The DWP rep was amazing...not what I expected at all. As we contested the Standard Daily Living, the DWP rep was more than happy to add points to trigger Enhanced Daily Living. She also pulled us aside afterwards and was apologetic and helpful. She advised 4 weeks for PIP payment. I contacted PIP on 10th January to provide bank details and contacted them again on 17th to chase things up and they said they may aswell ask the questions regarding payment whilst I was on the phone. Being told I will get my PIP 4 weekly payment 4 weeks after my decision date, does this mean I will get PIP on the 6th Feb with the back pay coming anyday? Also, is the statement of reason the letter you receive from the Courts after the Tribunal as PIP stated they too received the same document as myself on the 10th January.

    Many Thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @PeterL1988 great news. Backdated money should be paid first, with your 4 weekly amount after that. Once DWP release the funds it takes 3-5 days to go into your bank, depending on who you bank with. I'd advise you to ring DWP to ask if the payment has been made. It can take up to 8 weeks to receive money owed.

    What you received from the Tribunal was a decision letter and not the statement or reasons. You would only receive this if you requested it and you don't usually request it, if you're happy with the decision made by the Tribunal.
    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.
  • PeterL1988PeterL1988 Member Posts: 3 Listener
    Thank you for the fast response. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Great news @PeterL1988 and a very warm welcome to the community!
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  • PeterL1988PeterL1988 Member Posts: 3 Listener
    Contacted PIP this morning to see if any post had been sent out, it had yesterday. They read the letter out to me and advised the following. PIP is paid on Mondays and I will receive my first payment on 24th Feb and 4 weekly from then on. They gave a detailed breakdown of everything. In regards to backpay, they said that it will be in my bank on Monday 3rd Feb. 

    Applied for PIP 3rd July 2018
    Tribunal - 9th Jan 2020
    Backpay - 3rd Feb 2020
    First PIP payment - 24th Feb 2020

    Just some dates in case people are curious of the timescales.

    Many Thanks.
  • AngelinvestigationsAngelinvestigations Member Posts: 10 Listener
    crohnie79 said:
    Thanks ive done all that with them already as i phoned them the day of the tribunal.
    Makes me cross they sit on it for so long! I understand they have the 28 days but they must know pretty wuick whether they will contest a decision. They would be yelling if we owed them! 
    Im due back pay from June last year! 
    I totally agree with what you’re saying it has taken me nearly a year and half the battle to win PIP I have severe depression and social excited and medicated and this last year has been hell this process is also it’s self made me probably worse in many areas I won my appeal thankfully a couple of weeks ago and I know it sounds like I’m being a baby but I need this money really really badly and quickly have used all my savings well I’ve been off work I’m due to get 15 months backpay which would be very very good for me
  • AngelinvestigationsAngelinvestigations Member Posts: 10 Listener
    Contacted PIP this morning to see if any post had been sent out, it had yesterday. They read the letter out to me and advised the following. PIP is paid on Mondays and I will receive my first payment on 24th Feb and 4 weekly from then on. They gave a detailed breakdown of everything. In regards to backpay, they said that it will be in my bank on Monday 3rd Feb. 

    Applied for PIP 3rd July 2018
    Tribunal - 9th Jan 2020
    Backpay - 3rd Feb 2020
    First PIP payment - 24th Feb 2020

    Just some dates in case people are curious of the timescales.

    Many Thanks.
    Hi! I’m in a very similar boat to yourself regarding the time with my appeal I was on the 15th of January which I want and get backdated pay from October 2018 two weeks of gone by and I rang them up on the day that I won the appeal the woman so couldn’t give me a time frame about receiving the money she did tell me to go over my bank details with which I did and updated them I am very very worried as selfish as this sounds that it’s going to be a long wait for me for my back pain which I can’t tell you how much I need right now
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @Angelinvestigations i believe you are now expecting your PIP backdated money into the bank on 3rd February, as you posted on another thread.
    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.
  • AngelinvestigationsAngelinvestigations Member Posts: 10 Listener
    @Angelinvestigations i believe you are now expecting your PIP backdated money into the bank on 3rd February, as you posted on another thread.
    No, not me, I was replying to Peter, whom said he is being paid his on the third of February not myself.
  • anxiousbirdanxiousbird Member Posts: 116 Courageous
    i have severe generalised anxiety disorder and it is due to my anxiety that im not able to go places without my carer with me. I was awarded standard mobility at tribunal because of this. Anxiety CAN be seen as OPD!! to say it cant be is incorrect. 
    Hi @silverwing33
    this is my first post on this forum. I’ve had my pip assessment and been declined  any Award. I also have severe anxiety disorder with ptsd. If you read my assessment report (which I recorded too) , you’ll feel as if I should get high points on most activities, but the assessor has awarded me 0 points everywhere by copy and pasting the same reason for refusal in each activity saying “she is on a low dose of anxiety medication and hasn’t started the other medication yet”. 
    I just want to ask whether you were taking medications when you applied? And if so, in what dosage? 

    Ps: my reason for not starting the other medication was the fact that the doctor said it could increase my anxiety at first and I am already suffering from such bad anxiety that I couldn’t afford any increase unless I have somebody to care for me 24/7 (which I don’t now as of recently). I’m also on the waiting list for my face to face counselling sessions (4th lot of them) but I’m worried about them now as I can’t attend them alone AT ALL and don’t have a person caring for me full time (as in the past)  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @anxiousbird hi and welcome,

    You now have 1 month from the date of the decision to request the mandatory reconsideration (MR) you should put your request in writing stating where you think you should have scored those points and your reasons why. Then add a couple of real life examples of what happened the last time you attempted that activity for each descriptor that applies to you.

    PIP isn't awarded based on a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. You can't compare 2 people when it comes to PIP because we are all affected differently by these conditions. What might affect one person, may affect another person differently. The same with medication etc.

    Send relevant evidence with the letter to support your claim because they rarely contact anyone for this.

    Most MR decisions remain the same so you'll very likely have to take it to Tribunal. Waiting times are huge in most areas and lots of people are waiting about a year for a hearing date.

    I'd advise you to get some face to face advice from an agency near you and they will help you with the MR/Tribunal process.
    Put your postcode into this link to see what's available to you.

    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.
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