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Pip tribunal

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  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    Hi Will,thank you so much for your information. Will let you know how it all goes. Thank you again 
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    Hi everyone, Just an update,we had the court hearing today and they overturned the Atos decision. Just to say thank you all for your advice and tips on how to tackle this. It's been a very long year. Thanks again 
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering

    Wonderful news @Jayne66 !


    The Benefits Training Co:

  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    Hi everyone,I have been informed that we may have to wait up to 30 days as the dwp could contest this. The judge did say on the day that they may do this,but she would answer this immediately. I don’t think the dwp did themselves any favours with the judge as they was asked to attend but no one showed up. Has anyone had their money that is owed payed before the 30 days? Thanks again 
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    It usually takes the DWP 5-8 weeks to put a tribunal award into payment
    .
    They do have a habit of mislaying these decisions so always check that they have received it.

    DWP now are requesting SOR from the judge in many more cases. To be able to appeal the decision an error of law has to be found, hense the SOR. This in some cases can delay payment as judges do not have a time limit to produce an SOR. It seems that by asking for an SOR the claim is frozen until it is received, then they have a month to appeal the decision if they find an error of law which is rare.

    CR
    Be all you can be, make  every day count. Namaste
  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    @Jayne66 Congrats on the result of the Tribunal, hang on in there and you will get the payments you've waited so long for. Judges know what they're doing so don't worry about the threat by DWP to appeal. It's diabolical that it went on so long. The sooner things are changed the better. For anyone reading this and in answer to your original question yes the DWP Decision Makers can change the award anytime right up to the date of the Appeal. One person I heard of was on their way to the hearing when DWP rang to say no need to attend. But you have to make it happen by ringing, writing and sending in more evidence, just keep going. If everyone did this bearing in mind to be careful you don't lose anything you've already been offered then maybe the message would get through about how bad many assessment reports really are, done intentionally to deny you what you're entitled to. 
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    @CockneyRebel@wildlife. Thank you both so much for your replies it’s put my mind at rest now. @wildlife, your right in how long it has taken I sometimes felt like throwing the towel in,but I just couldn’t let the liar win. Thanks again 
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    Hi everyone,another update. Dwp have just called they are not contesting it!
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    That is  great news

    CR
    Be all you can be, make  every day count. Namaste
  • Jayne66
    Jayne66 Community member Posts: 36 Connected
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    I'm so pleased Jayne. Thanks for letting us know.
    The Benefits Training Co:

  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    Hi everyone, I’m back again but this time for me. I had to do the renewal form for my pip just before Christmas. I have MS,Diverticulitis,Hiatus Hernia & after all the stress from my partners situation with his pip I now have depression. I have been informed that I will now be having a home visit which I was told it was Atos. What should I do if it’s the same assessor that did my partners one and scored him nil points and then we went to tribunal. Any advice would be gratefully received. Thank you in advance 
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    edited February 2018
    Hi Jayne66,

    I would say it would be unlikely that it'll be the same one. I guess if it is the same one you could express your dissatisfaction to the assessor when they arrive and politely state that you would like the appointment to be abandoned and a different assessor sent out, especially if that assessor got your husband's so badly wrong.
    Whether they would agree to that I'm not sure but you'd have to cross that bridge when you come to it. Let's just hope it's not the same one and then it won't matter too much.

    Lee
    The Benefits Training Co:

  • Jayne66
    Jayne66 Community member Posts: 36 Connected
    Thank you so much for your advice. Fingers crossed it isn’t her.

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