Phone tribunal

fatherinpain

Just an update for @poppy123456 @Adrian_Scope. Just off the phone from the most brutal grilling I’ve had since high school (many moons ago). I was not warned in anyway that my award could go down, by judge today or via any paper correspondence, and we only discussed mobility issues, but this was to the point I got agitated and raised my voice, which in medical evidence does say this would happen if put under stress. Unfortunately I will not know their decision until next week in the mail (depending on delays with things that are happening) as they stated at beginning this would be the case either way their decision swings. Judge did state before asking me to hang up that I did extremely well and could hear I was getting distressed. So fingers crossed that next week the wrongs will be righted

wilko

keep keep us updated of the outcome difficult situation to be put in.

chiarieds

Hi @fatherinpain - Well done on getting through it; it can't have been easy. I hope you can relax a little now, & I do hope you get a successful outcome. Please do let us all know how you get on as wilko has said.

fatherinpain

That was tough going and to be quite honest with you the normal tribunal was a lot simpler in my opinion, this was definitely more quickfire with no let up, I mean maybe I got them on a bad day or they were trying to trip me up along the way, but I was resolute in my answers because they were honest 

mikehughescq

They could have emailed the summary had you asked. 

fatherinpain

Judge never mentioned this only that I’ll receive decision in the post, and I was not aware of such a thing. Can this still be requested? 

mikehughescq

Nope, at this point they can’t. The request had to be made in advance. 

See rule 13.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/488476/consolidated-sec-rules.pdf

fatherinpain

I’ll be honest I don’t really understand what it’s implying 

mikehughescq

You can have your appeal letters, papers and decisions in whatever format you need but you needed to ask in advance, 

fatherinpain

Ok that makes sense now, sorry been a long day and the brain fog is looming large this evening 

Chloe_Scope

I wish you the best of luck @fatherinpain, and thank you for letting us know.

I hope you don't have to wait too long.

fatherinpain

I will indeed post result good or not, should be early next week @Chloe_Scope

Chloe_Scope

Fingers crossed @fatherinpain! 

worried33

The lack of a a instant decision for me has always been negative, but on phone appeals, they perhaps didnt want to keep you on hold whilst discussing it.

But dont worry about the grilling as such, that means they are seriously considering the case, and when I won my DLA appeal, I was grilled quite heavily.

mikehughescq

Their instructions in the present extraordinary circumstances are to do what they feel comfortable with. Some will dictate a decision to post out. Some will end the call; make and dictate a decision then call you back.

fatherinpain

This was set out  before we formally started that decision would be sent out in post, and would be with me early next week.

mikehughescq

Makes sense. It’s always a requirement they detail how they’ll proceed.

fatherinpain

The post has arrived and decision has been made in my favour I now awarded enhanced mobility as well as my already enhanced daily living, they have also extended my length of award till 2023, it was due to run out later this year. So unless they find a reason to challenge the decision both my battles are won for now, and for those who give up to early it was worth it and the right people can hear your voice and help get you what you deserve. Just one point I would like to make just be honest please don’t over exaggerate your conditions, the tribunal are very knowledgable people and will know if you are trying to deceive them I.e google maps with distances to shops 

chiarieds

Hi @fatherinpain - I'm delighted to hear about this positive result. Congratulations!

fatherinpain

Thank you

Cressida

@fatherinpain that's fantastic news! Very pleased to hear it. You had me convinced it was going to be bad news. It just shows that you can never really tell. Hopefully you can relax a bit now  

fatherinpain

I wasn’t convinced that it was going to go my way but I did, just hope dwp don’t carry this on by appealing the appeal

mikehughescq

The anecdotal evidence thus far is that where telephone hearings are taking place the overwhelming majority are winners.

fatherinpain

So are you saying it’s not because of my conditions that I won, but rather a case of we will just let everybody win....

mikehughescq

fatherinpain said:

So are you saying it’s not because of my conditions that I won, but rather a case of we will just let everybody win....

No, absolutely not. Neither me nor anyone else could ever have a clue why you won even if we were in on the call. All I’m saying is that it’s already obvious that tribunals are erring on the side of allowing appeals at present where one might expect more difficulty than is actually occurring. 

fatherinpain

So basically what I said but just not everyone only most 

mikehughescq

No. I’m literally saying what I says in my last post and that’s very different to what you’re saying.

OverlyAnxious

fatherinpain said:

So are you saying it’s not because of my conditions that I won, but rather a case of we will just let everybody win....

Let's hope so...I'll need a miracle to win mine over the phone! 

fatherinpain

I’m sure you’ll be fine just don’t over exaggerate your conditions honesty’s being the best policy, good luck 

fatherinpain

@Adrian_Scope after phoning pip this morning to get a better understanding of what happens with back pay, I understood there was something like a 28day wait but  I was told not to expect it anytime soon as nobody is dealing with non means tested benefits at this time. Is this correct? 

mikehughescq

No, that’s obviously not true given there have been >1m UC claims in the past 2 weeks.

What is true is that DWP staff are not immune to restrictions on movement; the inability to work from home and Covid-19. Given the restrictions it makes absolute sense to focus energies on those with no income whatsoever. It was never possible to give an exact date on such things. Less so now. 

Chloe_Scope

Great news @fatherinpain! 

fatherinpain

Thank you

Wonderboy

Can i ask you you what sort of questions did they ask you My husband has hes next week and he is a nervous wreck been waiting for 12 months 

fatherinpain

What they asked me will not be the same as your husband as I have multiple issues going on but the only part that was on appeal was how mental health affects mobility, so questioning was generally around this but with a few “red herrings” to cross examine previously answered questions.Best advice I can give is be honest and if the tribunal think that you pair to the criteria/points then the award will be given. Good luck to your fella 

fatherinpain

@mikehughescq, I don’t really understand your reply could you elaborate a little, and in your opinion what would be the estimated wait? What was point of doing tribunal if decision is being put on hold? I fully understand that there are people in need more need then myself at this time but for all intents and purposes I was only trying to get an understanding of my own situation only to be told “not to expect it anytime soon”. This wasn’t the point of the call, the reason is to get an understanding of what happens next as it has been 2 very long years nearly

mikehughescq

@fatherinpain I’m afraid there is no way to elaborate on my post. No-one has any clue what the current wait will be. The situation changes daily and the range of variables is huge. You’re looking for an answer which doesn’t exist. 

chiarieds

Hi @fatherinpain - I think we can all appreciate that you've had an incredibly long wait to get a tribunal decision. Unfortunately no-one can give an estimate of how long it might take for you to get your backpay. It must be so frustrating for you, but there is no accurate answer as mikehughescq, who is way more knowledgeable than I, has been at pains to say. Please be advised by him.

fatherinpain

@mikehughescq how your reply reads is....
no what you have been told is not true, then you give reason for it to be true

fatherinpain

Just to update monies have been paid which is even more baffling given what I W was told on the phone

chiarieds

Pleased to read you've got your monies, & it didn't take too long. You must be relieved it's all over.

mikehughescq

fatherinpain said:

@mikehughescq how your reply reads is....
no what you have been told is not true, then you give reason for it to be true

I’ve no clue which post you’re referring to.

fatherinpain

No, that’s obviously not true given there have been >1m UC claims in the past 2 weeks.

What is true is that DWP staff are not immune to restrictions on movement; the inability to work from home and Covid-19. Given the restrictions it makes absolute sense to focus energies on those with no income whatsoever. It was never possible to give an exact date on such things. Less so now

mikehughescq

I’m not clear why that’s confusing. You’d been told they’re not processing non means-tested benefits. Clearly they are as awards are being made all the time but their priority has to be the 1m+ new claims to UC.

They have less staff resources with which to do all of this and therefore anyone who has claimed a means-tested benefit will face a delay but the delays for people already getting benefits will be longer. 

As the majority of people claiming means-tested benefits will be first time newly unemployed or furloughed claimants then even with limited staff resources those means-tested claims are still going to be a higher priority than anyone challenging an existing decision because the former have no income whereas the latter do.

fatherinpain

Because you said it wasn’t true then gave a reason got it to be true

mikehughescq

Apologies but I literally have no idea what the heck you’re talking about.

Any clues from anyone else would be welcome but otherwise I’m out.