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Tribunal overturned PIP decision - what happens next?

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  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hi kodi

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

    CR
    Be all you can be, make  every day count. Namaste
  • lozy
    lozy Community member Posts: 1 Listener
    So I was in receipt of pip. In December last year I had to do a new assessment form, I mentally wasn't able to leave the house or ask for help so just filled the form out.  I don't have a clue what I wrote  my memory is not great. In January I was told I had to go for a medical which was in February. It was horrible to say the least anyway In March I got the decision and scored 0. So April I did a madortory reconsideration. May got refused again so I've just asked to go to appeal. What I need to know is 1. Have I shot my self in the foot because of the original form. I really was in a bad place not that I'm any better now. 2 what are my chances I will get a hearing as I've been told they can refuse. 3. How long is the tribunal process.
  • DianaW
    DianaW Community member Posts: 30 Connected
    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!
  • joshwalker
    joshwalker Community member Posts: 1 Listener
    My nephew won his tribunal last month will he be backdated from last year? Thanks
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    edited July 2018
    Arrears due will be paid from the date of the claim.
  • Lindaann
    Lindaann Community member Posts: 41 Connected
    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
  • AndMac
    AndMac Community member Posts: 27 Pioneering
    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.

  • Yadnad
    Yadnad Posts: 2,856 Disability Gamechanger
    AndMac said:

    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.
    Unfortunately for many and I have had it happen to me 3 times so far, the assessor would say nothing. They would ask a closed question that requires only a yes/no answer and that's that - no two way discussion - no way of knowing what they are thinking. You only find out how that has been interpreted when the decision notice arrives.
  • noluckatall
    noluckatall Community member Posts: 19 Listener
    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
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    edited February 2019

    Hi BENEFITSTRAINCO I JUST WON MY PIP APPEAL AND WAS WONDERING WHAT EFFECTS IT MAY HAVE ON MY ESA
    Great news, that will depend what the PIP award is, what group you're in for ESA, whether you claim Contributions based or Income related ESA and whether you live alone or classed as living alone.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • April2018mom
    April2018mom Posts: 2,882 Disability Gamechanger
    I just finished a appeal letter to the DWP. Last year in October I decided to apply for DLA for the first time ever for the twins. I gave up one Friday night to do it, sitting down on my bed filling out the form with a tequila next to me on the dressing table. The assessment report that came in the post contained woefully inaccurate info. When I saw it, I was speechless. 
    Really disappointed with the system. I phoned up to check on the claim and to ask why were we turned down. I didn't go to all that effort and trouble for nothing. 
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    For DLA for a child you need to prove they need more care, attention or supervision than a child of the same age who isn't disabled.

    If your children are under 3 It can be difficult to get DLA for a baby or an infant because all children of that age need a lot of care. But, you should still apply if your child needs more care, attention or supervision than a child of the same age who isn't disabled or doesn't have a health condition.



    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • April2018mom
    April2018mom Posts: 2,882 Disability Gamechanger
    DS is under 3. But he got his first ever pair of braces and a wheelchair more than a year ago when he turned 1. He cannot walk independently at all due to the level of lower limb paralysis in his legs and feet from birth. His lesion level is at the top of the spine and he also has clubbed feet too. We are currently working on a appeal letter which will be sent off this week in the post. I was confident that we would be found eligible for DLA. I fully expected to get something. I’m not asking for high rate care, low rate care seems enough for him.
    But being turned down for high rate mobility sucks. My son is virtually not able to walk independently. 
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    You can't claim mobility for a child under 3 at all.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • noluckatall
    noluckatall Community member Posts: 19 Listener

    Hi BENEFITSTRAINCO I JUST WON MY PIP APPEAL AND WAS WONDERING WHAT EFFECTS IT MAY HAVE ON MY ESA
    Great news, that will depend what the PIP award is, what group you're in for ESA, whether you claim Contributions based or Income related ESA and whether you live alone or classed as living alone.
    Hi poppy
    I was awarded standard rate on the daily living and I'm in the support group of esa I get income based esa also my brother stays with me but isn't down as living with me
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    You maybe entitled to claim severe disability premium (SDP)  on top of your ESA but that will depend what you mean by "your brother stays with you" Does he have his own home? Pays council tax where he lives?

    If he claims carers allowance for you then you won't be able to claim the SDP.

    Either way, you'll need to wait for the DWP to send your award letter to you and this can take 8 weeks. Once you receive this then you should get further face to face advice about the SDP.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • noluckatall
    noluckatall Community member Posts: 19 Listener
    You maybe entitled to claim gsevere disability premium (SDP)  on top of your ESA but that will depend what you mean by "your brother stays with you" Does he have his own home? Pays council tax where he lives?

    If he claims carers allowance for you then you won't be able to claim the SDP.

    Either way, you'll need to wait for the DWP to send your award letter to you and this can take 8 weeks. Once you receive this then you should get further face to face advice about the SDP.
    Hi poppy
    My brother doesn't pay council tax or have his own home he isn't registered to my address 
  • poppy123456
    poppy123456 Community member Posts: 53,348 Disability Gamechanger
    As he stays with you then this is classed as living with you, so you won't be entitled to claim the SDP. Also if you're claiming 25% council tax reduction then you need to report those changes to your local council.

    Here's a link that explains carers allowance and the eligibility criteria. https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/carers-allowance/

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • noluckatall
    noluckatall Community member Posts: 19 Listener
    As he stays with you then this gis classed as living with you, so you won't be entitled to claim the SDP. Also if you're claiming 25% council tax reduction then you need to report those changes to your local council.

    Here's a link that explains carers allowance and the eligibility criteria. https://www.ageuk.org.uk/information-advice/money-legal/benefits-entitlements/carers-allowance/

    Hi poppy 
    I just read on gov.uk that you can get SDP if u been unable to work for more than a year my claim has been active from August 2017 so is there a chance I could get

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