How do I get the DWP to honour the tribunal's decision? — Scope | Disability forum
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How do I get the DWP to honour the tribunal's decision?

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Tintoeve
Tintoeve Community member Posts: 1 Listener
edited May 2017 in Benefits and financial support
I have gone through the tribunal process for my PIP claim and not only won it but was awarded 21 points as opposed to the 0 points awarded in my original assessment. During the tribunal I was questioned by an actual qualified doctor with experience in my health condition, as opposed to the paramedic who conducted my original assessment who had no experience with my condition. I could go on for pages about the weeks of distress and financial hardship caused by the DWP stopping my payments in August last year (2016) including having to attend court for non payment of council tax and having been forced into debt with my water supplier for non payment of water bills since last September. It is now 38 days since the tribunal ordered the reinstatement of my PIP payments and I am still waiting, having not received so much as a letter from the DWP. Does anyone out there have a similar experience? Does anyone have advice as to how I get the DWP to honour the tribunal's decision? Thanks 
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  • Alex
    Alex Posts: 1,305 Pioneering
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    Hi Tintoeve,

    Welcome to the community, and sorry to hear what you're going through. I've moved your post to our benefits advisor group as they may have some suggestions for you.
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  • Markmywords
    Markmywords Community member Posts: 419 Pioneering
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    Hello @Tintoeve ,

    I'm sure this is just the usual incompetence rather than malice.

    You should receive a new statement from the DWP accepting the Court's findings almost immediately.

    The first step is to write to the "Complaints Department" of the DWP office that handled your claim. Quote the reference number of the case which will be on the letter the court sent to you. Give them all the details and request their compliance and owed monies.

    In the very very unlikely event that you still do not hear from them, contact the Clerk of the Court who's details should be on the judgement letter. They will advise on their enforcement process.


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  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited May 2017
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    @Tintoeve Ringing the Clerk of the Court first might speed things up for you but agree with @Markmywords complain to DWP. I won a 2nd MR had have got payment very quickly so no reason why you should have to wait.
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  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
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    Hello Tintoeve

    Unfortunately it can take 6-8 weeks for PIP to be awarded and backdated following a tribunal decision.  From your post you have been waiting nearly 6 weeks, and so it maybe worth contacting PIP to ask when payments will be made. If nothing is forthcoming then i agree with Markmywords that you should consider lodging a compliant.

    Given the amount of hardship that you have also had to endure whilst waiting for the tribunal decision, plus the astounding difference in points awarded by the tribunal, it may also be worth contacting your MP.  The MP should be able to help you with querying payment of your PIP arrears and it would be good for an MP to hear what people have to go through, and how wrong PIP can get their decisions.

    Good luck

    Maria
    The Benefits Training Co:

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  • jamieshawnsimpson
    jamieshawnsimpson Community member Posts: 3 Listener
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    hi im in same boat as u still waiting on letter or payment from them i havent had no letter since last friday and was on dwp before since i was 16 im now 34
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  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    edited May 2017
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    Hi Tintoeve and Jamie,

    What sometimes happens (and can delay payment) is the DWP considering whether to appeal against the tribunal decision. If they do this, the first step is for them to ask for written reasons of the decision. If they had done so, you should have been informed. They had one month to ask for them. If they got written reasons, they then had a further month to request permission to appeal. You could check with the tribunal service if any of this has happened, although they should have copied you in already if it has.

    If there is nothing to suggest that the DWP have asked for written reasons, nor that they already have these and have asked for permission to appeal, then there is no reason for you not to be paid and I agree with all the advice above about complaining. 

    Will
    The Benefits Training Co:

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