How long until I get my back pay following pip tribunal win ? — Scope | Disability forum
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How long until I get my back pay following pip tribunal win ?

Fastlife91
Fastlife91 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


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Comments

  • poppy123456
    poppy123456 Member Posts: 28,471 Disability Gamechanger
    HI,

    Great news. It can take 8 weeks to receive backpay after a Tribunal win.
  • lindadenise
    lindadenise 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.
  • Fastlife91
    Fastlife91 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 ) 

  • Fastlife91
    Fastlife91 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
  • poppy123456
    poppy123456 Member Posts: 28,471 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.
  • poppy123456
    poppy123456 Member Posts: 28,471 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. 
  • Fastlife91
    Fastlife91 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
  • lindadenise
    lindadenise 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.
  • poppy123456
    poppy123456 Member Posts: 28,471 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.



  • crohnie79
    crohnie79 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 :) 
  • poppy123456
    poppy123456 Member Posts: 28,471 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.
  • crohnie79
    crohnie79 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! 
  • silverwing33
    silverwing33 Member Posts: 4 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. 
  • silverwing33
    silverwing33 Member Posts: 4 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. 
  • EndoWarrior
    EndoWarrior 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. 
  • poppy123456
    poppy123456 Member Posts: 28,471 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.
  • EndoWarrior
    EndoWarrior Member Posts: 3 Listener
    @poppy123456
    I didn't start a new claim so I shall call them up first thing. 
    Thank you. 
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,557 Disability Gamechanger
    Hi @EndoWarrior and a warm welcome to the community! I hope you are able to ring up today and get everything sorted. :)
    Scope

  • EndoWarrior
    EndoWarrior 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_Scope
    Chloe_Scope Scope Posts: 10,557 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. :)
    Scope

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