PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Receiving too many notifications? Adjust your notification settings.

Tribunal Triage Decision

darrylg94darrylg94 Member Posts: 11 Connected
Hello all,

I'm hoping there's someone out there who either is going through the same process currently  or someone who may have the answer., I can't find it anywhere.

Basically on 24/04 I received a letter from the tribunal service that says a stand-alone judge has looked at my case at triage stage and has decided to award me standard rate of daily living component. I and the DWP had 28 days to respond if we agreed or didn't. I responded accepting DWP didnt, so by default the DWP has conceeded via non-challenge. 28 days has now gone by. The provisional decision will now be made into a final  decision.

But can anyone tell me when this will be? The courts don't know,  I don't know and neither does my representative.  It states on the letter after 28 days it will be made into a final decision. Its very vague on the definition of 'after 28 days'.

Anyone had same experience? No information at all out there on Google etc

Replies

  • mikehughescqmikehughescq Member Posts: 5,412 Disability Gamechanger
    edited June 2020
    The 28 days to object runs from the 24th of April so roughly the 22nd of May. It’s rightly vague on how soon after as it’s plainly ridiculous to pin that down to a time-scale even if we weren’t in the middle of a pandemic lock down. 

    At present you might have a HMCTS office with 10 people in it instead of the usual 200.  Clerks are generally going in only to run telephone hearings and whatever admin work can be done is being done around that. The process is as follows as best I recall.

    Somewhere there’s a note on a system to say when the 28 days is up. Ordinarily that flags up and a clerk would then bring that to the attention if a salaried judge who would then finalise the decision whereupon a clerk distributes that to all parties and the DWP payment process can grind into action. 

    Imagine what that looks like at present. 
    • Few clerks in the office.
    • Massive backlogs on every front.
    • Documents having to be transmitted to judges who are likeky working remotely and who you can’t assume have broadband or IT skills (the reason clerks still exist in the first place). You don’t even know if they’ve got a printer or access to envelopes and stamps. 
    • Maybe having to transmit stuff back to HMCTS for a clerk to print and post. Back to massive backlogs.
    • Into the post and... backlogs.
    Your question is the social security equivalent of “how long is a piece of string” and it’s absolutely right that there is no answer to how long it will take. 
  • atlas47atlas47 Community champion Posts: 118 Pioneering
    edited June 2020
    Hi @darrylg94

    A very warm welcome.

    It seems to me your glass is half full, in that you have been awarded PIP, without the need to attend, a Tribunal.

    No one has detailed insight, on how the tribunal service is coping in these virus times.

    Though @mikehugghescq has given his, inevitable best insights.

    “It’s Life Jim but not as we know it.” -Star Trek.

    Keep an eye on money going into your bank account.

    Stay kind and be safe.

    Best wishes
  • darrylg94darrylg94 Member Posts: 11 Connected
    The 28 days to object runs from the 24th of April so roughly the 22nd of May. It’s rightly vague on how soon after as it’s plainly ridiculous to pin that down to a time-scale even if we weren’t in the middle of a pandemic lock down. 

    At present you might have a HMCTS office with 10 people in it instead of the usual 200.  Clerks are generally going in only to run telephone hearings and whatever admin work can be done is being done around that. The process is as follows as best I recall.

    Somewhere there’s a note on a system to say when the 28 days is up. Ordinarily that flags up and a clerk would then bring that to the attention if a salaried judge who would then finalise the decision whereupon a clerk distributes that to all parties and the DWP payment process can grind into action. 

    Imagine what that looks like at present. 
    • Few clerks in the office.
    • Massive backlogs on every front.
    • Documents having to be transmitted to judges who are likeky working remotely and who you can’t assume have broadband or IT skills (the reason clerks still exist in the first place). You don’t even know if they’ve got a printer or access to envelopes and stamps. 
    • Maybe having to transmit stuff back to HMCTS for a clerk to print and post. Back to massive backlogs.
    • Into the post and... backlogs.
    Your question is the social security equivalent of “how long is a piece of string” and it’s absolutely right that there is no answer to how long it will take. 
    Brilliant way to sum up my question. Thank you for the insight, I was more hoping that they were average times before the pandemic so I could just get a good idea what to expect. But like you stated "how long is a piece of string". Let's hope its not a endless piece of string. 

    I'm still open to other members replies if they have experience of my situation. 
  • darrylg94darrylg94 Member Posts: 11 Connected
    atlas47 said:
    Hi @darrylg94

    A very warm welcome.

    It seems to me your glass is half full, in that you have been awarded PIP, without the need to attend, a Tribunal.

    No one has detailed insight, on how the tribunal service is coping in these virus times.

    Though @mikehugghescq has given his, inevitable best insights.

    “It’s Life Jim but not as we know it.” -Star Trek.

    Keep an eye on money going into your bank account.

    Stay kind and be safe.

    Best wishes
    Thanks, for the warm welcome.

    I'm surprised DWP haven't helped the FtT by lapsing the appeal. Would help the backlog fractionally. But I'm sure majority know how the DWP work. 

    Stay safe guys
  • Lou67Lou67 Member Posts: 827 Pioneering
    @darrylg94 Just wanted to say hi and welcome to this great forum, I hope your award is sorted out very soon take care😊
  • janer1967janer1967 Community champion Posts: 7,462 Disability Gamechanger
    Hi @darrylg94 Hello and welcome to the community and sharing your post with us. I don't have any further advice but it would be nice for you to keep us updated so other members can learn from your case.
  • mikehughescqmikehughescq Member Posts: 5,412 Disability Gamechanger
    darrylg94 said:
    atlas47 said:
    Hi @darrylg94

    A very warm welcome.

    It seems to me your glass is half full, in that you have been awarded PIP, without the need to attend, a Tribunal.

    No one has detailed insight, on how the tribunal service is coping in these virus times.

    Though @mikehugghescq has given his, inevitable best insights.

    “It’s Life Jim but not as we know it.” -Star Trek.

    Keep an eye on money going into your bank account.

    Stay kind and be safe.

    Best wishes
    Thanks, for the warm welcome.

    I'm surprised DWP haven't helped the FtT by lapsing the appeal. Would help the backlog fractionally. But I'm sure majority know how the DWP work. 

    Stay safe guys
    DWP can’t lapse an appeal. They can revise a decision under appeal but they then have to contact HMCTS who in turn have the power to lapse an appeal Only if it gives you what you would have got on appeal. However, if DWP can’t get the 1st decision right; don’t change their mind on MR then what change prior to appeal in a lockdown with probably less than 50% of staff available!
  • kurt2920kurt2920 Member Posts: 14 Listener
    Hi I am in the same boat atm with a provisional decision did this get sorted for you? 
Sign in or join us to comment.