Tribunal outcome — Scope | Disability forum

Tribunal outcome

Clarissa1
Clarissa1 Member Posts: 34 Courageous
Hello, had my hearing last week where I won my appeal.. Good news you would think.. I rang PIP this morning to find out what happens next as never done anything like this before.
They have the Tribunal decision last week they will review this and then notify within 2 weeks if they wish to appeal the decision.. Then it goes to the next level of Appeal .. I really don't feel that I can cope with this anymore. I used up all my fight now its taken over a year to get this far on top of that UC deducted money in Dec'19 with all the evidence proving they should not have still they keep coming up with ways to think about it.
I'm in absolute despair about the way we are treated, I accept that checks must be done and understand things take time.. 

Comments

  • poppy123456
    poppy123456 Member Posts: 24,783 Disability Gamechanger
    Hi,

    Great news on the win. Backdated money can take anything between 2-8 weeks, sometimes longer and the same amount of time to put your award into payment.

    If they request the statement of reasons the backdated money will be delayed. They sometimes request it but rarely appeal the decision. They can't appeal the decision unless they find the error in law.

    Unfortunately, all you can do is wait. Hopefully it won't be too much longer. Once they ask for bank details and ask whether you've been in hospital in the past then you know that payment won't be much longer after that.
  • Clarissa1
    Clarissa1 Member Posts: 34 Courageous
    Thank you Poppy, for answering so quickly as I'm in turmoil at the moment.. At the Tribunal there was a Judge, doctor and disability specialist.
    I was prepared to accept them ruling in favour of pip as was being realistic about what could happen. The doctor had read my Consultant comments and aware of my medication and condition . Sorry I’ve taken so long to reply.
  • mikehughescq
    mikehughescq Member Posts: 7,821 Disability Gamechanger
    The way to think of each stage of this is that it would be unfair and perverse if a decision could be made at any stage which only one party could appeal. 
  • Clarissa1
    Clarissa1 Member Posts: 34 Courageous
    Mikehughescq  I understand what your saying but never having been to court or done anything like this of which has taken over a year. 
    I had told PIP that I would abide by the Tribunal whatever the decision. It was the way that the person had been untruthful and failed to take into account my medical evidence that forced me to do this.
    Im not an unfair person, but no way can I go through this again, if it is challenged they can win. 

  • Alice_Holt
    Alice_Holt Member Posts: 46 Courageous
    I wouldn't be too bothered about this, it seems fairly standard for DWP call-handlers to give this information to claimants who have just won their appeal. 

    My local Citizens Advice helps with a lot of successful appeals. I don't recall a single case when the DWP have challenged a tribunal decision to the Upper Tribunal. Conversely we do occasionally appeal to the UT (as Mike says it's a standard procedure available to both parties), and have been successful in getting a FTT decision set aside.  

    As poppy says the appeal has to be on an error of law, not a disagreement with the decision. Since tribunal panels are chaired by a legal professional, errors of law are not common. Plus given that the DWP "evidence" is invariably of a very poor standard, and that their current Decision Makers are generally poorly trained & not that well versed in benefit law - try not to worry.

    When your award and backdate does arrive, you may wish to talk / write to your MP about the DWP's behaviour and attitude. Start writing that letter / notes now, rather than overly fretting.       
  • mikehughescq
    mikehughescq Member Posts: 7,821 Disability Gamechanger
    My experience is that errors of law are both common and inevitable. It’s virtually impossible to make a decision without something which looks like an error of law. The key is whether the error is identifiable and material/relevant.

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