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.

Hello, I have a PIP New Claims Appeal question

Nick18Nick18 Member Posts: 11 Listener
edited August 2020 in PIP, DLA and AA
I recived a provisional decision from the first tier tribunal granting me standard rate of daily living and standard rate of mobility it was signed by a judge,rang PIP and they said they needed the final decision,I have just recieved a letter off the triblunal services and don't know what it means,the letter reads as follows...About your PERSONAL INDEPENDENCE PAYMENT (NEW CLAIM APPEALS) appeal
I received a request to correct a mistake on the decision of ,  The decision has not been altered, The original decision is correct.
I am so stressed right now and i have no idea what this means.
I would be greatfull for any help understanding this,it is weekend and i can't get intouch with them to help me,stress levels are through the roof right now :(

Replies

  • Cher_ScopeCher_Scope Community Team Posts: 2,376 Disability Gamechanger
    edited August 2020
    Hello and welcome to the community @Nick18 !! 

    I can understand you feeling stressed, PIP is a challenging process and can be very confusing! We have lots of members who are savvy on benefits and no doubt will be along soon to help you out.  To help you better reach people I've moved your post to the PIP discussion board.

    I am not trained on benefits however I don't think there is any need to panic just yet.  Deep breaths! From what I can gather, your letter might be confirming the provisional decision is now the final decision?  
    Online Community Co-ordinator

    Want to tell us about your experience on the community? Talk to our chatbot and let us know. 
  • Nick18Nick18 Member Posts: 11 Listener
    Thank you for the speedy rely Cher,i am trying to stay clam but in truth i'm in severe panic mode right now this has been a horrible process.
  • Cher_ScopeCher_Scope Community Team Posts: 2,376 Disability Gamechanger
    Ahh I can imagine @Nick18 It does take it out of you :(  You have done the right thing asking on the community though and lets hope we can get you some answers.

    In the meantime, would a strong cuppa tea help?:)
    Online Community Co-ordinator

    Want to tell us about your experience on the community? Talk to our chatbot and let us know. 
  • Nick18Nick18 Member Posts: 11 Listener
    Thanks Cher will make a brew and take a few deep breaths,the wording in the letter only adds to the stress i have no idea what thier saying.
  • janer1967janer1967 Community champion Posts: 6,082 Disability Gamechanger
    Hi and welcome to the community @Nick18

    It looks to me like the decision letter was returned to the courts due to an error somewhere, could be anything like incorrect date or typo error, this does happen

    Of course I am not entirely certain of this but as it states your decision remains the same so I dont think you have too much to worry about.

    Try and not stress too much
  • Nick18Nick18 Member Posts: 11 Listener
    Thank you for the reply Janer1967.i will try,
  • Nick18Nick18 Member Posts: 11 Listener
    I thought they were talking about the original desicion made by PIP but you think their referencing the 1st tribunal decision?

  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Hell Nick
    I was wondering if you could tell me your process and experience of tribunal please? As I don't know what to do. I will explain.
    I got awarded daily living rate in 2018 for three years and no mobility I was happy with that but then my condition worsened so I was sent out another form in February of this year to explain that I now can't leave the house alone suffer severe agoraphobia and panic attacks the decision came back and they took everything off me I only received two points for daily living and no points for mobility I put him for a mandatory reconsideration and the other day I received a letter saying that I would've ordered 11 points for daily living now and four points for mobility basically the same as I had in 2018. I still disagree and believe I should've got 12 points for not been able to leave the house or undergo a Familia journey unaccompanied I don't know what to do about the tribunal just in case they take everything off me what was your experience please? The DWP have evidence from my GP that I can't leave the house alone my husband has even had to come with me to doctors appointments during this COVID-19 they made an exception for me. They only awarded me three points saying that I need encouragement to go out I don't agree with this
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Well done by the way on your outcome 😀👏👍  I totally empathise it is the most enduring suffering mentally draining thing I've ever had to do
  • janer1967janer1967 Community champion Posts: 6,082 Disability Gamechanger
    Hi again sorry Im not too sure now re-reading your post as it says the original decision has not changed . I think they will be referring to the judge's decision as the letter was from the courts, rather than the decision from DWP.

    I will tag in another member who may be able to help more @poppy123456 can you advise please
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    Hi Janer1967
    I haven't gone through the court process yet it was only a mandatory Reconsideration letter
    it says I can still appeal to a court within a month. 
  • Debbie1234Debbie1234 Member Posts: 82 Courageous
    I was originally declined for both elements of PIP so I asked for a MR mandatory reconsideration. I sent half of my evidence, then they wrote to me saying it had gone in my favour. Standard daily living 11 points & mobility 4 points.
    I haven't been to a tribunal yet. I have a month to deside.
    But what they awarded me was what I Initially was awarded in 2018. But I had re-plied because my condition had worsened if that makes sense. Sorry to confuse you x
  • Nick18Nick18 Member Posts: 11 Listener
    edited August 2020
    Hi Debbie i got help from welfare rights,they helped with all the tribunal forms.
  • Nick18Nick18 Member Posts: 11 Listener
    Thank you Janer1967,i don't know why the wording makes it so much more difficult to understand just adds to the stress,a simple yes you have won your tribunal or no you haven't.
    What makes it even more strange is the provisional decision was made by a judge but the letter i received today mentions nothing about a judge whatsovever.Can they overturn a judges decision without seeing another judge?

  • poppy123456poppy123456 Community champion Posts: 22,110 Disability Gamechanger
    HI and welcome,

    I'm sorry but i have no idea what this can be. Best thing you can do is contact HMCTS first thing Monday morning.
    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.
  • Nick18Nick18 Member Posts: 11 Listener
    Ok will do thank you poppy.
  • mikehughescqmikehughescq Member Posts: 4,974 Disability Gamechanger
    Nick18 said:
    I recived a provisional decision from the first tier tribunal granting me standard rate of daily living and standard rate of mobility it was signed by a judge,rang PIP and they said they needed the final decision,I have just recieved a letter off the triblunal services and don't know what it means,the letter reads as follows...About your PERSONAL INDEPENDENCE PAYMENT (NEW CLAIM APPEALS) appeal
    I received a request to correct a mistake on the decision of ,  The decision has not been altered, The original decision is correct.
    I am so stressed right now and i have no idea what this means.
    I would be greatfull for any help understanding this,it is weekend and i can't get intouch with them to help me,stress levels are through the roof right now :(
    A provisional decision is just that. It’s an award subject to it being finalised. It’s finalised by both you and DWP writing in within a month to say you’re happy with the decision. Only then will the judge finalise the decision. You will have had a letter telling you this so please re-read the correspondence from HMCTS. The decision cannot he finalised until you do. If you don’t then the provisional decision dies and your case will go to a telephone hearing.

    In the meantime it sounds like DWP have declined to accept the provisional decision and asked for what they consider to be the correction of an accidental error. The judge has refused. It now goes back to DWP to decide whether they wish to accept the decision is final. Again, if they do not then the matter will go to a telephone hearing regardless of your view. 

    In order for a provisional decision to become final both parties have to agree it’s final. So, do your bit then hope DWP do theirs.
  • Nick18Nick18 Member Posts: 11 Listener
    edited August 2020
    Thank you for the reply Mikehughescq.
    Ive read the letter with the provisional decision which i was happy with,and it only stats contact them if i disagree with it,i didn't realise i had to contact them to say i agree,i hope i haven't messed things up by not doing this,it's been a long hard road to get it to this piont.
    I will contact the HMCTS first thing monday to see what they say.
  • Nick18Nick18 Member Posts: 11 Listener
    Nick18 said:
    I recived a provisional decision from the first tier tribunal granting me standard rate of daily living and standard rate of mobility it was signed by a judge,rang PIP and they said they needed the final decision,I have just recieved a letter off the triblunal services and don't know what it means,the letter reads as follows...About your PERSONAL INDEPENDENCE PAYMENT (NEW CLAIM APPEALS) appeal
    I received a request to correct a mistake on the decision of ,  The decision has not been altered, The original decision is correct.
    I am so stressed right now and i have no idea what this means.
    I would be greatfull for any help understanding this,it is weekend and i can't get intouch with them to help me,stress levels are through the roof right now :(
    A provisional decision is just that. It’s an award subject to it being finalised. It’s finalised by both you and DWP writing in within a month to say you’re happy with the decision. Only then will the judge finalise the decision. You will have had a letter telling you this so please re-read the correspondence from HMCTS. The decision cannot he finalised until you do. If you don’t then the provisional decision dies and your case will go to a telephone hearing.

    In the meantime it sounds like DWP have declined to accept the provisional decision and asked for what they consider to be the correction of an accidental error. The judge has refused. It now goes back to DWP to decide whether they wish to accept the decision is final. Again, if they do not then the matter will go to a telephone hearing regardless of your view. 

    In order for a provisional decision to become final both parties have to agree it’s final. So, do your bit then hope DWP do theirs.

    Great advice mikehughescq
    I did have to let them know i except the provisional decision.which they have now processed and will be sending it over to DWP.
    I went over the origanal letter 4 times and could not find any information in it that stated i had to contact them to except the decision.
    I was told by HMCTS that i don't have to do anything else but await the DWP response now
    Thank you to all who replied to my post,you all do great work!
  • Tori_ScopeTori_Scope Community Team Posts: 2,747 Disability Gamechanger
    I'm glad you found some useful information here @nick18! Keep us updated once you've heard from the DWP :)
    Online Community Coordinator, she/her

    Want to tell us about your experience on the community? Talk to our chatbot here and let us know what you think
  • sspipsspip Member Posts: 1 Listener
    Replying to Nick18
    Letter received saying  'I received a request to correct a mistake on the decision of ,  The decision has not been altered, The original decision is correct.'
    This just happened to me after a successful first tier tribunal PIP appeal.
    I checked with DWP and it turns out that they challenged the date my award was backdated to, which is the mistake in question. The tribunal had backdated my award to the date of the letter from DWP asking to review my case and provide further information. 
    DWP said the backdating should start on the date DWP notified me of their award decision following my face to face assessment. Tribunal rejected this so my award stands. Difference between the 2 dates is 6.5 months!
  • Nick18Nick18 Member Posts: 11 Listener
    Update
    It's now been 7 months since my tribunal decision and my claim still has not been resolved.
    3 phone calls to them have been made by myself,

    first call was about 2 months after the tribunal decision i was told they neeed a final decision,so i waited and heard nothing from them.

    second call was made about 4 months after the tribunal was told its being prosessed and it's been allowed.

    third call to them was made friday the 8th january where i was put through to the appeals dept and first thing i was given was an apology as my claim had been overlooked and not been dealt with i asked why this had happened and i got hmmm errrr "i don't know",
    I was told he would sort out the back dated funds today "friday 8th jan"  and i would receive a letter about my my new benifits in about a week.

    As of today the 13th jan i have recived nothing,so still waiting.

    The strain on me at this point is unbearable,ive even had to go to A&E with bad chest pains which i was told was stress related.


Sign in or join us to comment.