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Tribunal win

jamestw83
jamestw83 Community member Posts: 26 Courageous
Hi my wife has been awarded enhanced rate mobility after winning her tribunal 5 weeks ago. She rang dwp and was told her case was with a case manager. It's now passed the 28 days so what I'm asking is it a done deal now it's in the hands of the case manager or can they still appeal the decision? Thanks in advance.
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Comments

  • Dumpling
    Dumpling Community member Posts: 24 Connected
    I think the dwp only have 28 days to appeal if there is an error of law.
    I heard once it goes to the case manager they will work out how much you are owed. You will get a call making sure bank details are correct etc.

    I won my tribunal just over 3 weeks ago so waiting for mine to be sorted.
  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
    Hi thanks for replying and congrats on winning your appeal. Here's hoping it doesn't take much longer. It's the waiting that's the most successful part.
  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
  • atlas46
    atlas46 Community member Posts: 826 Pioneering
    Hi @jamestw83 A very warm welcome. There is no risk that the DWP will appeal the tribunal decision. It is just a matter of the case manager putting the award into payment, usually takes 6-8 weeks. Keep an eye on your bank account, as often payments are made, prior to formal notification from DWP. Many congratulations for winning the Tribunal. You should try and relax, as your worries are now over.
  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
    Welcome to the community @jamestw83 and congratulations on winning the tribunal! The advice above has all been great, but please do let me know if we can help with anything else at all! :)
    Scope

  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
    @Chloe_Scope thank you. Just needed my mind at rest been worrying for weeks about it. 
  • Chloe_Scope
    Chloe_Scope Posts: 10,586 Disability Gamechanger
    No problem at all @jamestw83! I know it can be a stressful thing.
    Scope

  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
    Hey guys sorry to go on about this I know I should be happy but I can't help but think that the dwp are still going to do something to hinder my happiness. I'm just so anxious about everything.
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    All you can do is ring DWP and ask what's happening. At this point they are the only ones that can tell you what's going on. They open in the morning at 8am and i always find that's the better time to ring.
    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.
  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
    I rang them last Friday and was told that the case manager had it so guess il just need to be patient it's only been 5 weeks yesterday.
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    It can take 8 weeks so hopefully not too long now.
    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.
  • Dumpling
    Dumpling Community member Posts: 24 Connected
    edited July 2019
    I know how you feel @jamestw83 it took a year for mine to go to tribunal, and I finally won. I know it has to go to a case manager now and I feel like I'm going to get done over again. I will be ringing up Monday to find out how my case is going.
  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
    @Dumpling is there any way they can still refuse us even thought the case manager now has it?
  • Dumpling
    Dumpling Community member Posts: 24 Connected
    @jamestw83
    I don't think they can now as they have only 28 days to appeal, and they can only appeal if an error in law.
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    They don't have 28 days to appeal. They have 1 month from the date of the decision to request the statement of reasons. Once they receive this they must find the error in law before they can appeal. The 1 month to appeal starts from when the statement of reasons is sent to them. Requesting the statement of reasons doesn't mean they will appeal.

    As it's past the 1 month deadline, it's highly unlikely that they requested the statement of reasons, if they had then DWP would have contacted you.

    Payments can take 8 weeks. I know it's frustrating waiting but there's nothing more you can do until you hear from DWP.
    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.
  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
    Thank you @poppy123456 for the advice as you say guess it's just a waiting game.
  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
    Just received a letter health assessment advisory service. Saying that I've to go for an assessment with a health care professional. Is this that dwp have appealed my tribunal or could it be for ESA? It doesn't say on the letter what it's for it came in a white envelope I'm so confused.
  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
    Baring in mind that my case is with a case manager I doubt its for pip must be for ESA.
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    Yes it's for ESA. I'm assuming at some point in the past you filled out a work capability assessment form?
    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.
  • jamestw83
    jamestw83 Community member Posts: 26 Courageous
    Yes I did a while ago.

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