PIP, DLA and AA
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PIP have received decision from tribunal. They've said it has to go to DM. What does that mean?

Popdiva43Popdiva43 Member Posts: 132 Pioneering
edited July 21 in PIP, DLA and AA
Hi all, I rang pip yesterday and they have received the decision from the tribunal, the lady on the other end about the name of my bank, if I've in in hospital etc, etc, but then stated it nows has to go to decision maker, what does that mean please.Im due back pay from 6th off november. 

Replies

  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    The decision maker will be the one to sort out any payment,  calculate backpay,  put the award in payment,  produce the award letter and get any payments authorised 
  • Popdiva43Popdiva43 Member Posts: 132 Pioneering
    Thanks @janer1967 I thought it would be because they want to appeal the decision the tribunal had made. 
  • Emilyb81Emilyb81 Member Posts: 447 Pioneering
    Surely they aren't allowed to do that?? Disagree with the tribunal? What's the point if thats the case? ☹️🤞
  • woodbinewoodbine Community Co-Production Group Posts: 4,484 Disability Gamechanger
    Emilyb81 said:
    Surely they aren't allowed to do that?? Disagree with the tribunal? What's the point if thats the case? ☹️🤞
    They are BUT only on a point of law, in reality they rarely do.
    "Putting a child into care, isn't caring for a child" (T.Rhattigan)
  • janer1967janer1967 Member Posts: 11,201 Disability Gamechanger
    The dwp can appeal the decision just like you can 

    As above they have to find an error in law to be able to do so 

    They would request a statement of reasons from court and then find an error 

    All tribunal award go to decision maker to take the action I explained it us dwp that put the award into payment not tribunal 

    Also a long way off but when you are awarded by tribunal when the award ends you need to put in a new claim and will be notified of this 14 weeks before it end's 
  • Emilyb81Emilyb81 Member Posts: 447 Pioneering
    Blimey i thought when it finally went to tribunal that would be it?! I am so glad i didnt get that far or need to because i would of been an anxious mess for literally months longer! 
     Well @Popdiva43 🤞 at least you are hopefully near the end of your journey through the depths of dispair aka the dwp PIP process 😂👍😈 im sure like @janer1967 said its just how it gets put back into payment! And as @woodbine says they rarely do the other thing! X 
  • Popdiva43Popdiva43 Member Posts: 132 Pioneering
    I swear to god it better not, they don't want to hear my voice when I seriously peed off x
  • Emilyb81Emilyb81 Member Posts: 447 Pioneering
    Bless you it will be fine i feel it in me bones 😊👍🍀 
  • calcotticalcotti Member Posts: 2,197 Pioneering
    edited July 21
    Emilyb81 said:
    Blimey i thought when it finally went to tribunal that would be it?! 
    Both parties (you and the DWP) involved in a First Tier Tribunal hearing have a right of appeal to the Upper Tribunal but, as others have explained above, this is not simply to go over everything yet again, it has to be about a point of law and such an appeal can only be made after first obtaining a Statement of Reasons from the First Tier Tribunal. In an SoR the tribunal judge has to explain in detail how the tribunal reached the decision it did.

    if successful at an Upper Tribunal the UT will sometimes remake the decision but more often will refer the case back to the First Tier Tribunal which means that another tribunal hearing has to take place.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Popdiva43Popdiva43 Member Posts: 132 Pioneering
    Well I will let you all know what happens 
  • Emilyb81Emilyb81 Member Posts: 447 Pioneering
    edited July 21
    Oh ok thanks @calcotti and @janer1967 for explaining that! 👍😊
     I say again i am so glad i didnt have to deal with this tribunal stage because it seems there is no point through the process when id of been able to rest, relax or just not panic or be anxious anymore because it can go back and forth i had no idea until today! Good to know for future reference though so yes thankyou guys!! 
    And seriously @Popdiva43 i very much doubt they are going to drag it out any longer than necessary! And its obviously just how it works? So it has to go to the DM first 👍😊 to be fair i know ive only been here a relatively short time but in that time ive read just about every single post thats posted in this area and ive not seen anyone have that happen? Or at least nobody has said anything about it until today! So im sure you will be fine ☀️👍😊 take care everyone! Xx
  • mikehughescqmikehughescq Member Posts: 6,615 Disability Gamechanger
    Emilyb81 said:
    Surely they aren't allowed to do that?? Disagree with the tribunal? What's the point if thats the case? ☹️🤞
    It's called equality of arms. It has existed as a legal principle for hundreds of years and you'll struggle to find many parts of the planet where it also doesn't exist. All parties to a hearing have an equal right of appeal. It would be absolutely bizarre if they didn't.
  • Emilyb81Emilyb81 Member Posts: 447 Pioneering
    Makes a lot of sense now yes but ive never been in any kind of legal or court situation so i didnt have a clue until today but i guess I've not needed to know until now? 
    Anyway now I do so another thing learned by being in this forum! Thankyou 👍😊🤓
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