Can PIP override the court? — Scope | Disability forum
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Can PIP override the court?

Las7imelord
Las7imelord Community member Posts: 3 Listener
edited May 2019 in PIP, DLA, and AA
So in 2018, I had a person come out and do my assessment, I failed according to her with 4 points in needing help planning and following a journey.

I sent in for an assessment and got turned down again, she wrote she was adamant she was right. 

So I sent to the Tribunal.

During this time  I got a letter back with her saying that the court should dismiss this (No joke they wrote that in there, sick *****).

Then I got my letter back, I not only won PiP at standard rate, I also got Mobility, with over 18 points. 

So after a long time and not thinking I was going to win, I suddenly came to the conclusion, I might need to change my bank details, so I rang to do this as I don't ave my old account anymore, this is where it got interesting and comes to my question, seeing as most of this is back story/rant.

They accepted my bank details but told me that, PiP in fact, CAN appeal the decision of the court, it will take 8 weeks to decide if they are going to accept me on PiP and pay out.

8 weeks, seriously? So does this mean they are going to dispute it and then I have to go back through court? 

Can they over ride a court? 

And why are they so mean there? What do they get from being this horrible to anyone?

I have worked for the Job Centre back in the day and yeah they was extremely cruel, they would make a joke of their power and seriously, how is this humane?

Any help or advice will help, thank you kind people for reading.
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Comments

  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    Hi @Las7imelord and welcome

    It is normal for the DWP to ask for the case to be dismissed, it rarely happens

    The DWP have the same right of appeal that we do. in order to challenge the decision, first they need to apply for a statement of reason from the judge to see if an error in law is present. They have 28 days to do this. Unfortunately the judge can take his/her time to respond and until they do effectively your claim is on hold. It seldom happens that the DWP will take it any further. Usually the DWP take 5-8 weeks to put a tribunal decision into payment
    Be all you can be, make  every day count. Namaste
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  • twonker
    twonker Posts: 617 Pioneering
    Las7imelord said:
    So in 2018, I had a person come out and do my assessment, I failed according to her with 4 points in needing help planning and following a journey.

    I sent in for an assessment and got turned down again, she wrote she was adamant she was right. 

    So I sent to the Tribunal.

    During this time  I got a letter back with her saying that the court should dismiss this (No joke they wrote that in there, sick *****).

    Then I got my letter back, I not only won PiP at standard rate, I also got Mobility, with over 18 points. 

    So after a long time and not thinking I was going to win, I suddenly came to the conclusion, I might need to change my bank details, so I rang to do this as I don't ave my old account anymore, this is where it got interesting and comes to my question, seeing as most of this is back story/rant.

    They accepted my bank details but told me that, PiP in fact, CAN appeal the decision of the court, it will take 8 weeks to decide if they are going to accept me on PiP and pay out.

    8 weeks, seriously? So does this mean they are going to dispute it and then I have to go back through court? 

    Can they over ride a court? 

    And why are they so mean there? What do they get from being this horrible to anyone?

    I have worked for the Job Centre back in the day and yeah they was extremely cruel, they would make a joke of their power and seriously, how is this humane?

    Any help or advice will help, thank you kind people for reading.
    Put simply the DWP actually believe that ALL of their decisions are correct and anybody intending to appeal against them are said by the DWP to be wasting the time of a Tribunal as they will lose.

    In this case with the DWP losing at the Tribunal they have one last throw of the dice to see if they can find a legal reason why they still should not pay you.
    If they can't find a reason their next alternative is to call you back in for a re-assessment in the future to see if they can do it that way and reduce the award.

    By the way that is my opinion of what is happening.
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  • lucysam5
    lucysam5 Community member Posts: 12 Connected
    I got my medical letter back from GP to post  to the courts  about appeal on pip  i have looked @ the medical evidence what they have copied  it gives them loads of printed prescription & also my condition what have cerebral palsy & spina bifada & a new diagnose osteoporosis so do  you thing i will get pip  or could they phone me& let me no because on the court sheet they held it on the 4/5/ 2019 so could be held without me 
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  • twonker
    twonker Posts: 617 Pioneering
    It really doesn't matter what your medical problems are or what medication you are on. All you have to do is spell out which descriptors fit your situation, why and provide evidence to support your claim.
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