PIP, DLA and AA
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Hi its about my pip appeal decision and how long it takes dwp to sort it all out?

simister8763simister8763 Member Posts: 1 Listener
edited May 2017 in PIP, DLA and AA
hi i would like some advice i was on dla for 5 years and had to apply for pip i did so and i was scored 0 points in all areas i then 6 months later went to a tribunal hearing and won my appeal under first tier tribunal its been 3 weeks since my tribunal and not heard a thing first question is do they have 28 days from tribunal date to ask for statement of reason or is it on the date they recieve the letter?? also how long would you roughly say it takes to release payment and back date?? any advice and help would be appreciated i am hoping they dont appeal as the last 6 months have been a nightmare and dont fancy going through another 6 month wait

Replies

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello simister8763

    I am glad to hear that a tribunal awarded PIP.

    It can take around 6-8 weeks for PIP awards to be paid and backdated.  As such, it does not surprise me that you have heard nothing further since the tribunal. 

    In regard to full reasons for the tribunal decision, these have to be requested within 1 month of the tribunal decision, and are only requested if someone wants to consider challenging a tribunal decision.  The tribunal should notify you if PIP have requested the full reasons for the tribunal decision, but if you want to make sure you can contact the tribunal service after 4-5 weeks, and ask if PIP have requested the reasons.  If they have not made this request then it looks like they have accepted the tribunal decision. 

    It is rare for PIP to challenge a tribunal decision, but unfortunately i cannot guarantee that this will not happen in your case.

    Maria
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • twistertwister Member Posts: 11 Listener
    It can take any amount of time to get your payments reestablished - they are supposed to be reinstated immediately but this never happens in reality I have known it to take upto 6 months - never did find out why You may be able to claim an advance on your award if you have financial hardship
  • BillijoBillijo Member Posts: 7 Listener
    Hi I won my appeal on the 8th of August, but DWP want a statement of reasons as to why I was awarded it. I have sent of for the statement of reasons myself and that was 3 weeks ago. What happens after the 28 days are up?. I don't really understand any of it. Please help thanks.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    The DWP or yourself can only challenge the decision on an error of law, which seldom happens. If they do not ffind an error then they will put your award into payment.
    An award normally goes into payment following a tribunal decision 5-8 weeks
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    BillijoBillijo

    The DWP can take some time to consider the statement of reasons, and in the meantime they suspend your benefit payment. They must tell you if they are going to apply for leave to appeal further. They have one month from when they were sent the statement of reasons. 

    As CockneyRebel says, they can only appeal further on an error of law, so hopefully they won't find one. But they do seem to be suspending benefit more and more often to take as long as they are allowed to think about it - which is nerve-racking for you. 

    simister8763simister8763, - I hope you hear soon. As Maria says, if the DWP have requested a statement of reasons, or they've got one & they have decided to ask for permission to appeal, they have to let you know, in writing.

    Will
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • sandra60sandra60 Member Posts: 3 Listener
    won appeal 15th  March dwp wrote on 22nd march may appeal first judge decision how do i get help do i get papers u for upper court  noboby will help with out paper got my 35 from 0 from medical really concerned
  • sandra60sandra60 Member Posts: 3 Listener
    Hi yes about pip  appeal judge gave 35 points in  all dwp have asked for judge statement  of reason not issued  yet  by judge dwo  sent reminder on 3rd may still not sent  as i phoned to see what is happening to appeals they said its still with judge i need advice
  • dodo76dodo76 Member Posts: 46 Courageous
    Hi Sandra60 
    Firstly i am so sorry to hear that you are having this battle  it seems these days the dwp will go all out to appeal 
    myself n partner have been having the same battle as yourself only we are 13 since we won appeal and in august it will be 2 years since all payments stop and our case as been woth the upper level since end of Septeber 2017 ever time we phone we get the same reply its with the judge  all i can say is hang in there as there seems no time limit to how long it should take with the judge its crazy keep phoning them and keep us posted on your progress 

  • joyclynjoyclyn Member Posts: 67 Courageous
    I thought going to tribunal and you did win that was it. you would just get back to you were before DWP stopped your money  what is the point of all this  if at the end of the day tribunal agrees with you .what can DWP do  its a judge I belive this gets worse any info please thank you
  • ruhiruhi Member Posts: 11 Listener
    I will be going on holiday when children break for summer holidays what shall I do. do I let know tribunal knw or 
    because if it take longer for tribunal date to come
  • poppy123456poppy123456 Member Posts: 22,841 Disability Gamechanger
    ruhi said:
    I will be going on holiday when children break for summer holidays what shall I do. do I let know tribunal knw or 
    because if it take longer for tribunal date to come
    I would let them know yes just in case. Tribunal dates can take several months and longer, so it really depends when you sent your request.
    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.
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