Tribunal overturned PIP decision - what happens next?

Hi kodi

DWP usually take 5-8 weeks to put tribunal award into payment

CR

This is not legal advice but my personal experience, Iozy, but it might reassure you a bit.

The original ESA form is only one document among all those in the bundle that the DWP will have to supply to the tribunal to provide the background to your appeal. It's important but not necessarily fatal if you didn't manage to give a good account of your condition in that form - the questions don't really help one to do that, especially in psychological ill-health claims.

What matters most is what's said in the grounds of your appeal, which have to show why the DWP decision was wrong (at both the original and the mandatory reconsideration stages). Get help from a CAB etc to draft your grounds of appeal and make sure that that includes an explanation of the condition you were in when you had such trouble completing the ESA form, so that whatever that document says gets read in the proper context.

If your appeal form shows an arguable case - which, especially with CAB help, it's going to do - then you should get a hearing.
The length of the tribunal procedure varies according to how overburdened the tribunal system is nowadays but my appeal went to a full hearing in November 2016, about 3 months after I'd filed my appeal form.
The oral hearing itself took less than an hour and the DWP didn't attend. I was extremely nervous but the hearing consisted only of a very kind and careful questioning by the two tribunal members (one of them a doctor) to make sure that they'd got enough background facts to clarify the initial impression that they'd gained from the papers they'd read. I went by myself but I didn't have to make any kind of argument at all, even about the DWP's hopelessly inadequate bundle of papers.

I hope that this is helpful. Good luck!

Arrears due will be paid from the date of the claim.

Lindaann said:

My daughter got her tribunal this week and got the descison overturned ... the judge gave her a paper to say what she had got (lower rate on both ) he said you will get your backdated money in around 3 weeks ! He never mentioned the dwp at all ! 
Why is it on so many times the descison makers twist the truth ! It shouldnt be allowed x

Historically, decision-makers twisted the truth because they were encouraged to do so, we know this from whistleblowers. I would like to think that things are still changing gradually in our favour, but we do know of many decisions that are still going the “wrong” way.

 When I had a home-based face-to-face for transfer from DLA to PIP, my assessor was extremely pleasant, but even she made a comment which interpreted something I said in a different way to what was meant.

I challenged her on that, and she corrected it. It really is worth listening to what your assessor is saying! 

I strongly suspect that this is what happens in many cases. Assessors offer their own interpretation of your comments, favourable towards the DWP, not you.
It’s not the truth, it’s their interpretation of the truth.

I was also lucky enough to have an intelligent and informed assessor, who took time to record things properly. I referred to my own evidence that I had provided, which strongly bolstered my claim. I had printed out copies of my evidence, and had them with me to refer to during the face-to-face.

BenefitsTrainingCo said:

Hi LDBWILLI

The tribunal should provide you with a written decision notice and this should also be sent to the DWP. The DWP must then change its decision and pay you the arrears for what they owe you. There is sometimes a short delay in this happening but it shouldn't be more than a week or so. I suggest you contact the PIP office on 0800 917 2222 and check they are processing the new decision. If you are not happy with the response you get i suggest you let us know what happens and we will advise further.

The new PIP decision might have a positive effect on your other benefits such as employment and support allowance and housing benefit. Generally, it is good practice to tell all of the other offices involved in your benefits about the new decision.

David

Hi BENEFITSTRAINCO I JUST WON MY PIP APPEAL AND WAS WONDERING WHAT EFFECTS IT MAY HAVE ON MY ESA