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28 days after winning tribunal no SOR

melissahicking2019melissahicking2019 Member Posts: 125 Courageous
edited June 2019 in PIP, DLA and AA
I have a small question . Recently my friend won his tribunal appeal on the 17th may exactly 27days today. 

We we have been in touch with the DWP last rang them this Monday and the case is still with the appeals team.

we asked about any chance that DWP would appeal and they only say that they have 28days / 1 month to do so but there was nothing on computer about it. no letters have been sent either.

1 month date is on Monday the 17th but 28days would be tomorow. 

I guess what I'm asking is would the DWP of made us aware if they where going to appeal .

Do they have to send a letter out and is it 28days from day of tribunal or a month making the deadline the 17th June.  

Im hoping that they are not asking for an SOR and that it's very unlikely considering there is only 3 days or 1 day left for the letter to of arrived if they had of been requesting an SOR.

if there's no letter by Monday can I tell my friend to expect his payment shortly and that there's no chance of appeal now and so we can all rest.

thank you for any advice.

Replies

  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi @melissahicking2019

    The simple answer is the DWP would not go to the UT to appeal the case.

    The claim should be in payment shortly, tell your friend to keep an eye on their bank account, as monies often arrive, before award letter.
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @melissahicking2019, I believe your friends payment should be received soon. Fingers crossed!
    Scope

  • melissahicking2019melissahicking2019 Member Posts: 125 Courageous
    edited June 2019
    Thank  you for your reply's. me and my friend are very greatfull of all the help we have received from this forum.

    However , we are still none the wiser and still have a few burning unanswered questions.

    1.Would we of received a letter by now if the DWP had any intention of asking for a SOR as we are now on the 28th day.. (Can the DWP ask for the SOR after 28 days)

    2.Would the DWP be obliged to inform us of there intentions.

    3. If they where intending on asking for an SOR would they of informed us by now (day 28) or would they just not tell us for us to receive a letter after the 28day deadline telling us they have requested an SOR.

    me and my friend are just very paranoid that the DWP could be requesting a SOR behind our back 

    But when we rang them this monday they said there was nothing on computer about SOR or appeals other thabn his case was still with the appeal team.

    We just cant help but worry after hearing so many horror stories.

    We are hoping that the 28day deadline means that they have 28 days to INFORM THE CLAIMENT of thier intentions to request an SOR ect.

    Also we found out on monday that the DWP received the courts Bundle on the 4th june
    But they received the tribunal decision on the 21st of may 3 days after the tribunal which took place on the 17th of May.

    So does the DWP have 28 days

    from the 4th of june

    or
    the 21st of may

    or
    the 17th of may.

    And would they have to inform us in any case.

    Or could we still receive a letter after the 28 day deadline because the DWP made there decision to  request an SOR (lets say on the 26th day after tribunal)

    I hope you can see our frustrations but Thanks again.



  • poppy123456poppy123456 Member Posts: 23,265 Disability Gamechanger
    It's 1 month from the date of the decision, not 28 days.

    If they are going to request the SOR they will write to your friend to tell him they are requesting it. Sometimes they request it but not always. If they do request it, it doesn't mean they are appealing the decision.

    Stressful i know but there's really nothing further any of you can do until you hear from DWP. Hopefully it won't be too much longer.
    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.
  • melissahicking2019melissahicking2019 Member Posts: 125 Courageous
    It's 1 month from the date of the decision, not 28 days. thank you poppy.

    So can we say that if we have not received any letter by the 17th of june then they would not be requesting the SOR and my frioend can rest easy and simply await his payments. 

    Or should we still wait further after that date as the DWP could send us a letter after the 17th of june stating they requested a SOR on the 16th of june ect..

    Thank you.
  • poppy123456poppy123456 Member Posts: 23,265 Disability Gamechanger
    I would just wait...
    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.
  • melissahicking2019melissahicking2019 Member Posts: 125 Courageous
    lol. we have little choice but to wait. but my friend is full of questions and i have little answers for him. im just waiting for the day to come where i can say to him ,yes your 100% awarded PIP and they are not asking for an SOR or appealing and just to wait for the payments to begin.

    Until i tell him that he finds a new question for me every time i see him..

    But thanks for everybodys help.


  • atlas46atlas46 Member Posts: 827 Pioneering
    atlas46 said:
    Hi @melissahicking2019

    The simple answer is the DWP would not go to the UT to appeal the case.

    The claim should be in payment shortly, tell your friend to keep an eye on their bank account, as monies often arrive, before award letter.
    Please read my above post, again.

    No the DWP will not appeal and you need to wait till payments are in play.

    Whilst I understand frustrations are at play, we can only give you the facts as we see them.

    You may wish to seek face to face advice, from say CAB, if you feel you need further guidance and support.

    With best wishes.
  • melissahicking2019melissahicking2019 Member Posts: 125 Courageous
    No the DWP will not appeal and you need to wait till payments are in play.

    Thank you for your reply, unfortunately i and my friend lack the experience and knowledge to share your confidence. But i will again inform my friend what you have suggested,  Im sure he will find another question for me though lol.

    Thanks again.

  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi @melissahicking2019

    Please do no think I am being patronising to you and your friend.

    All I am trying to do is ease your concerns, the DWP is the most patronising organ of state.

    Why I am so sure that the DWP will not appeal, because Upper Tribunal(UT) are made public and I have taken the trouble to review these UT decisions over the past two years. There has been no appeals by the DWP, because at the UT the DWP has had a good kicking and lost badly.

    Please feel free to ask as many questions as you feel fit, we are all on this forum to help one and another.

    Disability has (unfortunately) has no boundaries.

  • cez777cez777 Member Posts: 2 Listener
    Hello. Quick Q....
    From the date of a WON Tribunal 🤯👍 do they count the weekends in the 1 month they can ask for the SOR or just working days?  Need to get my dates right so i can ring the day after IF not heard anything. 

    Thanks in advance for advice. #keepupthefight 💪
  • poppy123456poppy123456 Member Posts: 23,265 Disability Gamechanger
    cez777 said:
    Hello. Quick Q....
    From the date of a WON Tribunal 🤯👍 do they count the weekends in the 1 month they can ask for the SOR or just working days?  Need to get my dates right so i can ring the day after IF not heard anything. 

    Thanks in advance for advice. #keepupthefight 💪

    HI,

    Yes, weekends are counted.
    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.
  • cez777cez777 Member Posts: 2 Listener
  • mikehughescqmikehughescq Member Posts: 7,226 Disability Gamechanger
    atlas46 said:
    Hi @melissahicking2019

    Why I am so sure that the DWP will not appeal, because Upper Tribunal(UT) are made public and I have taken the trouble to review these UT decisions over the past two years. There has been no appeals by the DWP, because at the UT the DWP has had a good kicking and lost badly.


    @atlas46 could you explain this further please? DWP have appealed in numerous cases over the past two years after requesting an SOR/ROP so I’m intrigued as to why you think they haven’t. Whilst it’s not a frequent occurrence that, after getting the SOR/ROP, they lodge a request for leave to appeal, it has always happened and it will continue to happen. It took me under a minute to find this recent example at https://www.rightsnet.org.uk/welfare-rights/caselaw/item/fresh-jsa-claim-not-required-when-pre-may-2009-claim-determined-after-date-wrs-held-to-be-no-longer-lawful 

    I’d also like to clarify a few things above.

    1 - phoning DWP looking for a definitive answer in the 4 week period in these circumstances is a fools errand in the sense that you’re going through to a call centre who can tell you no more than it’s with the legal team or it’s not. If the latter decide to not request anything then the only indication someone in a call centre will get of that is that payment is being organised and as may call centres are outsourced they won’t even see that. There is no way to predict whether that will be within or outside the 4 weeks. See also 3 below. 

    2 - DWP are not obliged to tell you that they’ve applied for a SOR/ROP and don’t usually send out any letters to that effect. Any letter will come from your local HMCTS office as it is they who deal with the request. Similarly, if an application for leave to appeal is then made then it’s usually your national HMCTS office who will write and say it’s happened. At that stage the delay in payment will be so big it ought to be obvious what’s going on. Some DWP offices will send out explanatory letters routinely but most do not. 

    3 - the 28 day rule is largely disregarded when it comes to SOR/ROP requests from DWP. They routinely cite caseload as the reason for delay and that is routinely accepted. I don’t recall a single instance of a late DWP application being refused in 30 odd years.

    I’m genuinely sorry to say this but it’s misleading to suggest that if nothing has happened by day 29 then you’re definitely in the clear and can expect payment. In most cases that will almost certainly be true just because the number of DWP appeals are relatively low but you cannot assume it to be so. 


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