PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Won at tribunal - what happens now

clarzierclarzier Member Posts: 48 Courageous
edited July 2020 in PIP, DLA and AA
Hi everyone - apologies I've probably asked this before but I wanted to know what will happen next. I won my tribunal on Wednesday and received the decision notice yesterday. I have a motability car which is due to be handed back but Ive decided to stay on the scheme as my award has been backdated and awarded 5 years from 2018 so my next review is 2023. What happens now as my backpay will be a larger sum as Ive been waiting since April 2018 will this cause delays and also do motability accept the tribunals decision x

Replies

  • mikehughescqmikehughescq Member Posts: 6,006 Disability Gamechanger
    DWP have (theoretically) one month to request a statement of reasons and record of proceedings if they wish to appeal further in much the same way you would have if you lost and needed to appeal. 

    I only say theoretically because it’s almost always the case that if they sail over the over the month it will be extended no questions asked whereas many claimants get refused if they miss the month. 

    In most cases they don’t exercise that right unless there is very stupid PO who attended your appeal with a chip on their shoulder about the outcome, or, a likely test case issue. You will usually get an indication as to whether that’s happening if there’s no payment in the 2 to 8 week period post tribunal. Some people can be paid much quicker than this but it’s not the norm. You may encounter some delays just because DWP offices are a long way from full reopening. You may also encounter some delay if arrears are more than £4,000 as, sometimes DWP staff gets hold of the wrong end of the stick and decide high payments need to be split when they rarely do. 

    If you’ve heard nothing by the 4 week point you have 2 choices. Check in with DWP to see that they have the appeal decision and are enacting it, or, check in with your regional HMCTS office and see if they’ve had a request for a statement etc. One or both will give you a clue as to why no payment.

    Motability do not get any say in the tribunals decision or whether they accept it or not. You either meet the criteria for a Motability vehicle because you have the appropriate rate of PIP mobility or you don’t. 
  • clarzierclarzier Member Posts: 48 Courageous
    Thanks I am already on the scheme and have been for over 10 years so I want to keep on it. Motability have provided me with support since I lost my DLA award im just hoping they will accept this so I can continue on the scheme.
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @clarzier

    Good Evening & Well Done!!!!!!

    I am one of the Community Champion’s here at Scope.

    We have got a number of senior members who will be able to help you with this.

    Hi @Adrian_Scope @Chloe_Scope

    Can you please offer me some help with post?????

    @steve51
  • janer1967janer1967 Member Posts: 9,309 Disability Gamechanger
    Hi first of all congratulations on your win.

     If you have been awarded enhanced for mobility then you are eligible for the mobility scheme and as you have already been on it for years then why would there be a reason for them to not continue with it now you have won and been awarded enhanced rate.

    Have you spoken to them since you have had your tribunal to ask them the question ? 

    Hope this works out for you personally I dont think you will have an issue
  • Chloe_ScopeChloe_Scope Scope Posts: 10,652 Disability Gamechanger
    Congratulations @clarzier! I hope others have been able to answer your question. Please do let us know if there is anything we can help you with.. :)
    Community Partner
    Scope

    Tell us what you think?
    Complete our feedback form to help us to improve your community.
Sign in or join us to comment.