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Tribunal win

jamestw83jamestw83 Member Posts: 26 Courageous
Hi my wife has been awarded enhanced rate mobility after winning her tribunal 5 weeks ago. She rang dwp and was told her case was with a case manager. It's now passed the 28 days so what I'm asking is it a done deal now it's in the hands of the case manager or can they still appeal the decision? Thanks in advance.

Replies

  • DumplingDumpling Member Posts: 24 Connected
    I think the dwp only have 28 days to appeal if there is an error of law.
    I heard once it goes to the case manager they will work out how much you are owed. You will get a call making sure bank details are correct etc.

    I won my tribunal just over 3 weeks ago so waiting for mine to be sorted.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    Hi thanks for replying and congrats on winning your appeal. Here's hoping it doesn't take much longer. It's the waiting that's the most successful part.
  • jamestw83jamestw83 Member Posts: 26 Courageous
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi @jamestw83 A very warm welcome. There is no risk that the DWP will appeal the tribunal decision. It is just a matter of the case manager putting the award into payment, usually takes 6-8 weeks. Keep an eye on your bank account, as often payments are made, prior to formal notification from DWP. Many congratulations for winning the Tribunal. You should try and relax, as your worries are now over.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Welcome to the community @jamestw83 and congratulations on winning the tribunal! The advice above has all been great, but please do let me know if we can help with anything else at all! :)
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  • jamestw83jamestw83 Member Posts: 26 Courageous
    @Chloe_Scope thank you. Just needed my mind at rest been worrying for weeks about it. 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    No problem at all @jamestw83! I know it can be a stressful thing.
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  • jamestw83jamestw83 Member Posts: 26 Courageous
    Hey guys sorry to go on about this I know I should be happy but I can't help but think that the dwp are still going to do something to hinder my happiness. I'm just so anxious about everything.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    All you can do is ring DWP and ask what's happening. At this point they are the only ones that can tell you what's going on. They open in the morning at 8am and i always find that's the better time to ring.
    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.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    I rang them last Friday and was told that the case manager had it so guess il just need to be patient it's only been 5 weeks yesterday.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It can take 8 weeks so hopefully not too long now.
    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.
  • DumplingDumpling Member Posts: 24 Connected
    edited July 2019
    I know how you feel @jamestw83 it took a year for mine to go to tribunal, and I finally won. I know it has to go to a case manager now and I feel like I'm going to get done over again. I will be ringing up Monday to find out how my case is going.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    @Dumpling is there any way they can still refuse us even thought the case manager now has it?
  • DumplingDumpling Member Posts: 24 Connected
    @jamestw83
    I don't think they can now as they have only 28 days to appeal, and they can only appeal if an error in law.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They don't have 28 days to appeal. They have 1 month from the date of the decision to request the statement of reasons. Once they receive this they must find the error in law before they can appeal. The 1 month to appeal starts from when the statement of reasons is sent to them. Requesting the statement of reasons doesn't mean they will appeal.

    As it's past the 1 month deadline, it's highly unlikely that they requested the statement of reasons, if they had then DWP would have contacted you.

    Payments can take 8 weeks. I know it's frustrating waiting but there's nothing more you can do until you hear from DWP.
    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.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    Thank you @poppy123456 for the advice as you say guess it's just a waiting game.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    Just received a letter health assessment advisory service. Saying that I've to go for an assessment with a health care professional. Is this that dwp have appealed my tribunal or could it be for ESA? It doesn't say on the letter what it's for it came in a white envelope I'm so confused.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    Baring in mind that my case is with a case manager I doubt its for pip must be for ESA.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes it's for ESA. I'm assuming at some point in the past you filled out a work capability assessment form?
    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.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    Yes I did a while ago.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    Hi folks I have a question. I was just wondering if my case is with the case manager do they only have 6 to 8 weeks to sort out the claim or can they take longer? Thanks in advance.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The 6-8 weeks is just a guide, there's never any timescales. The reason they say this long is if they request to SOR within the first month. As they haven't done that you should hear from them soon. If you haven't heard by the end of next week then ring again.
    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.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    Thanks @poppy123456 I will ring them on Monday to ask what's happening again thanks my mind is my worst enemy.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Hi @jamestw83, did you manage to get through to them today?
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  • jamestw83jamestw83 Member Posts: 26 Courageous
    Hi @Chloe_Scope I couldn't get through to them tried just after 8am was so busy was on the phone 20 mins and never got through tried again a out 3 PM still never got through. It will be 6 weeks on Wednesday will try again later in the week.
  • buzzerbuzzer Member Posts: 107 Pioneering
    @jamestw83 it averages an hour waiting, make yourself a cuppa and put the handset on speakerphone 

    Try & be kind to one another even if we may have different views. 

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I'd advise you to continue to try to get through. 20 minutes really isn't long enough to wait because a lot of the time it's closer to 1 hour of waiting before someone answers. Good thing the phone numbers are free now.
    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.
  • jamestw83jamestw83 Member Posts: 26 Courageous
    Will try again tomorrow can't see it making any quicker though the DWP wont hurry it up I don't think.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Morning @jamestw83, I hope you are able to get through at some point today!
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  • jamestw83jamestw83 Member Posts: 26 Courageous
    Hi guys called yesterday took me an hour and 15 mins only to be told that the case manager still hasn't sorted things yet and I'd have to wait. Does anyone know what the waiting time for claims in Scotland is?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    There's no time scales for anything really. As you're waiting for back payment then it can take 8 weeks. Some wait less time and some wait more. You should receive a phone call asking a few questions before payment is made. The questions will be to check bank details and ask if you've been in hospital recently.

    Hopefully not much longer now but there's really nothing more you can do in the meantime.
    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.
  • DumplingDumpling Member Posts: 24 Connected
    I'm in England, but as Poppy said can be anytime really. 

    I rang up on Monday and got through within 10 minutes and I rang up at 11am.
    They put me through to appeals department and I was told 4 to 6 weeks. I have been waiting nearly 5 weeks now. 
    While I was on the phone they asked me the questions about bank, hospital etc so now I won't be expecting that phone call to ask me.
  • DumplingDumpling Member Posts: 24 Connected
    @jamestw83 That's great news to hear you got it. 
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,954

    Scope community team

    That's great @jamestw83, very happy for you! :)
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Thank you for coming to let us know @jamestw83! This is great! :)
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  • doctorcrash16doctorcrash16 Member Posts: 11 Listener
    Hello I won my pip appeal 2 weeks ago now I rang up today and the woman said my case is with the case manager as of the 15th February so does that mean they won't appeal it now ?

    Cause she said probably it won't because they would of by now if they was going to hoping someone can put my mind at ease here 
    She also said it's with the case manager and that they are sorting the payments so does that mean I haven't got much longer she said it could be a few days or a week or 2 weeks 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hello I won my pip appeal 2 weeks ago now I rang up today and the woman said my case is with the case manager as of the 15th February so does that mean they won't appeal it now ?

    Cause she said probably it won't because they would of by now if they was going to hoping someone can put my mind at ease here 
    She also said it's with the case manager and that they are sorting the payments so does that mean I haven't got much longer she said it could be a few days or a week or 2 weeks 
    Hi,

    Great news! DWP have 1 month to request the statement of reasons, not 1 month to appeal. Once they receive this they then have to find the error in law before they can appeal the decision. They sometimes request this but rarely appeal it. Hopefully it won't be too much longer before you receive your back dated money but before they pay you they'll contact you asking for bank details and whether you've been in hospital at any time. Once this happens it's not usually long before you receive the money that's owed and your award to be put into payment. It can take anywhere between 2-8 weeks, sometimes longer.

    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.
  • doctorcrash16doctorcrash16 Member Posts: 11 Listener
    Ok thanks but she said it's with the case manager now to sort the payments out also she said it could take a few days 
    Could it happen anytime from now 
    And also what's the chances in them asking for the statements of reasons please ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Ok thanks but she said it's with the case manager now to sort the payments out also she said it could take a few days 
    Could it happen anytime from now 
    And also what's the chances in them asking for the statements of reasons please ?
    No one can tell you exactly when you will receive what you’re owed. Once they ask you for those details the. It shouldn’t be too long, other than that we can only guess because there’s not really any timescales.

    I have no idea of what the chances are of them requesting the SOR. 
    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.
  • doctorcrash16doctorcrash16 Member Posts: 11 Listener
    Oh right I see they had my bank details off me 2 weeks ago because I rang after I got the decision so what does that mean ? Because they already have the details and have already asked about hospital stays and that 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No one here can tell you when you will receive the backdated money or when your award will be put into payment. The only ones that can tell you that is DWP.
    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.
  • doctorcrash16doctorcrash16 Member Posts: 11 Listener
    Hello I rang dwp today and they said they sorted out the payments last night and told me how much backdated money I'm getting and they said it will be in my account in 3-5 days 

    But other people have been saying theirs took 5-7 days or 7-10 what's all that's about so how do they know it's 3-5 days if other people's take longer than that ?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hello I rang dwp today and they said they sorted out the payments last night and told me how much backdated money I'm getting and they said it will be in my account in 3-5 days 

    But other people have been saying theirs took 5-7 days or 7-10 what's all that's about so how do they know it's 3-5 days if other people's take longer than that ?

    It will totally depend on who you bank with as to how long it will take to receive your money in your bank. I bank with Natwest and for me it will be 3-5 working days.
    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.
  • doctorcrash16doctorcrash16 Member Posts: 11 Listener
    I'm with Lloyds bank so does that mean 3-5 days 
  • doctorcrash16doctorcrash16 Member Posts: 11 Listener
    So would u be able to tell me please how long il be waiting as I'm with Lloyds
  • scotleagscotleag Member Posts: 88 Courageous
    I won my appeal exactly two weeks ago today & was contacted by the DWP last Saturday asking to confirm bank details etc & told a letter would go out Monday. I'm with Lloyds and nothing has been received as of close of play today. I'm thinking it should go through tomorrow or Friday (that would be five working days counting Monday as day one) though I haven't received the actual letter yet. Unlike you I wasn't told how much I'd receive though I've done my own calculations so know roughly if what goes in will be right or not.  From what I've read elsewhere you and I are 'lucky' in the sense it has all been cleared within a fortnight.

    In the only other tribunal experience I've undergone (HMRC a few years ago) I got a letter saying 'we haven't paid you yet as we're waiting for a statement of reasons' and it took about six weeks to come through. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    So would u be able to tell me please how long il be waiting as I'm with Lloyds

    I've no idea, sorry. Check your bank Tuesday or Wednesday and hopefully it will be there then.
    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.
  • doctorcrash16doctorcrash16 Member Posts: 11 Listener
    Scotleag 
    Could u please let me know when yours goes in post on here when u get it hopefully tomorrow or Friday 
  • scotleagscotleag Member Posts: 88 Courageous
  • scotleagscotleag Member Posts: 88 Courageous
    @doctorcrash16 Received both letter and payment this morning. Letter dated Feb 16th (last Sunday!). So it took four working days. 
  • doctorcrash16doctorcrash16 Member Posts: 11 Listener
    I rang dwp today and they said it will definitely be in my bank Tuesday and not before so got to wait till Tuesday for mine they sent my award letter to 
  • scotleagscotleag Member Posts: 88 Courageous
    That's good news. Must be a relief. I know it is for me. I've seen people waiting months to get this sorted so two weeks is Usain Bolt standard
  • doctorcrash16doctorcrash16 Member Posts: 11 Listener
    I know it's crazy 
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