Pip tribunal win

eltoro1982
eltoro1982 Community Member Posts: 3 Listener
in PIP, DLA, ADP & AA

Hi all just wonder If anyone can help. I won my pip tribunal to have my original claim for pip to be reviewed as I was awarded standard rate of daily living in June 22 on my first application.

At tribunal the judge and medical experts awarded the higher rate or daily living and higher mobility due to my condition.

The tribunal was at start of March this year 24 and I am still waiting. The dwp sent the decision back for a date correction as they think I should only be backdated to Jan 23. The did this on the 28th day after the decision which is the last day they could do this.

It's now been back with the judge for over 4 weeks. How long does this take please as I can't get answers from dwp or tribunal service. My pip has also not been put up until they get the date correction back. I still have zero quality of life as I'm housebound and can't get out without assistance and I can't afford assistance without my rate going up.

Please help

Comments

  • poppy123456
    poppy123456 Community Member Posts: 64,456 Championing

    Unfortunately, there are no timescales for this. DWP can't put the new award into payment until the error has been corrected. It's out of DWPs hands and down to the Judge to correct that.

  • WhatThe
    WhatThe Community Member, Scope Member Posts: 5,582 Championing
    edited June 2024

    Hola eltoro! Congratulations!

    It sounds like DWP has appealed the Tribunal decision but don't worry, it can't be changed just because they disagree with the outcome. I'm not sure what happens while HMCTS considers their appeal but you shouldn't have to wait much longer to be told.

    poppy, this doesn't sound like a 'clerical error' from the poster's account

  • poppy123456
    poppy123456 Community Member Posts: 64,456 Championing

    I've just re read your comment. Can you please confirm if this is an error they are questioning or whether DWP have requested the Statement of Reasons? If it's an error in the date then DWP would not have 28 days to ask for that to be corrected.

    They would have 1 month to request the Statement of Reasons.

  • eltoro1982
    eltoro1982 Community Member Posts: 3 Listener

    The dwp requested that the judge reconsider the date to when I requested a change of circumstances. The reason for this is my condition got worse however at the tribunal the judge and medical expert said they inshould have been on full entitlement from day 1 of my claim.

  • WhatThe
    WhatThe Community Member, Scope Member Posts: 5,582 Championing
    edited June 2024

    A DWP rep should have attended and raised this at the hearing! I hope the judge sends them packing!

  • eltoro1982
    eltoro1982 Community Member Posts: 3 Listener

    Quick update...

    This morning I received an email informing me that dwp after requesting a date correction the district judge has set the original win of my tribunal aside. This means another date for a tribunal!!! Have you ever heard of such nonsense?? Now I'm still waiting for my pip money to go up and still waiting on backdated payment which I in turn means I still have to wait for a carer as I simply can't afford one.

    How can a different judge set aside the original decision when all that was requested was a date correction ?

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