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Tribunal overturned PIP decision - what happens next?

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  • shazzirvine7180
    shazzirvine7180 Community member Posts: 14 Listener
    Hi LDBWILLI
    thnk you so much for lol your help. I'm gonna write a detailed letter today asking the DWP to look at the claim again. If we had off received a letter just telling us our award we probably would have been disappointed but accepted it but it was when we went on to read the capita report and scores I got so angry and hurt. It was total lies and as if it was about someone totally different. I just cldnt believe it
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering

    Hi Kathleenac_16,

    This all depends on your date of birth. If you born on or before 8 April 1948 then you can remain on DLA. Contacting the DWP to increase your current DLA will not trigger a PIP claim.

    If you were born after 8 April 1948 then contacting the DWP will trigger a PIP claim. They will be writing to you anyway at some point before September 2017. Most people are better off remaining on DLA for as long as possible.

    In both scenarios it would be a good idea to gets some benefits advice before you do anything. Ring the Scope helpline on 0808 800 333 and they will be able to tell you what organisations in your area can help you with this.

    Best wishes,

    Michael


    The Benefits Training Co:

  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,671 Disability Gamechanger
    Scope
    Senior online community officer
  • nicholafitzpatrick1
    nicholafitzpatrick1 Community member Posts: 6 Listener
    hi my partner has just appealed for the enhanced living hes got the enhanced mobility, its now gone to the court anyone know how long it takes?
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    edited August 2017
    It varies around the country and also whether you have opted for oral or paperbased. 6-7 months is about average.
    Be all you can be, make  every day count. Namaste
  • nicholafitzpatrick1
    nicholafitzpatrick1 Community member Posts: 6 Listener
    that seems a long time ive been informed 2 till 8 weeks otherwise they would owe you thousands if win and backdated?
  • nicholafitzpatrick1
    nicholafitzpatrick1 Community member Posts: 6 Listener
    we opted for oral as my partner cant get to the venue he was told when had his pip assessment he shouldn't be there or been dragged out the house as he was in so much pain that was the words of the assessment officer from atos!
  • Matilda
    Matilda Community member Posts: 2,593 Disability Gamechanger
    edited August 2017
    @nicholafitzpatrick1

    My PiP Tribunal hearing was five and a half months after I sent in my appeal form, but then I live in London.  Times are shorter in other parts of the country - but 6-8 weeks sounds rather short, unless you have opted for a short-notice hearing?

    You could phone the Tribunal and ask how long you are likely to have to wait for a hearing.
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    we opted for oral as my partner cant get to the venue he was told when had his pip assessment he shouldn't be there or been dragged out the house as he was in so much pain that was the words of the assessment officer from atos!
    You say you have opted for an Oral hearing. Please check this as an Oral hearing is one that you attend
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    Hi,

    In the Midlands the waiting times are approx 19 weeks from the date the appeal is received to the hearing date for both ESA and PIP. It may differ in other parts of the country but not by much I would imagine. The chances of success are far greater if you attend the hearing so you should always attend if possible. Good luck.

    Lee
    The Benefits Training Co:

  • AndrewM
    AndrewM Community member Posts: 8 Connected
    My daughter was reassessed last year and we received a decision in December telling us she was no longer entitled to the mobility element (as a cerebral palsy sufferer she was on the higher rate on DLA). Our Motability car was taken away in January.
    The basis of their rejection was a single question asked during the assessment: "Did you get here alright?". My daughter answered "Yes". (She came out of the house, got into our car, then I drove her to the assessment centre, parked in a disabled bay outside the front door, and took her in). So her answer was honest - she did get there alright!!
    The Assessment report said: "you are able to plan and execute a journey unaided, and we based this on the fact you were able to plan and execute the journey to the assessment centre". 
    We asked for a mandatory reconsideration in December and in April they requested additional medical information. (DWP made an error in neglecting to inform us that there was a 28 day deadline to submit additional info - for which they later apologised). Therefore, before we had received a supporting letter back from her GP, we received a final decision from DWP in May saying, in the lack of further medical evidence, their decision stood.
    My wife had to take up a full time position at work and we had no car so during all this time, our daughter was having to make some journeys outside by herself. On 2 occasions she fell over whilst outside - on one occasion she fell whilst crossing a road and the car driver had to help her up. We found ourselves having to log her falls with her GP even though no treatment was needed just so there was an official record of how her disabilities effect her. 

    We submitted an appeal in May and in August we received a response from a tribunal in our favour. 

    I know she will get back payment but I can't help feeling like our daughter was forced into an unsafe position, and we've been cheated off of the Motability scheme, all because a comment in the assessment was misinterpreted.

    I am really angry about the whole process. If the whole reason for introducing PIP was to ensure that benefits are only going to those who need them then it has failed spectacularly!!


  • wildlife
    wildlife Community member Posts: 1,293 Pioneering
    edited August 2017
    @AndrewM "Misinterpreted" isn't the word I would use. The assessor knew what  she/he was doing. They are trained to pick up on any small bit of information especially if it is the answer to a question out of context or that doesn't appear to relate directly to any descriptors which is what happened in your case. I am currently fighting my own assessor's dishonesty with ICE and ICO. ICO regulate the Data Protection Act. The statement on the assessment report you referred to is incorrect data therefore should be corrected or removed by law. I have just opened a case with ICO to have any incorrect data written on my assessor's report either changed or deleted or preferably the whole report rendered unfit for purpose which it was. You do have to have been through the company's (ATOS in my case) complaint's procedure and had it turned down before they will investigate. Success is a long way off but I am determined to fight to the bitter end, not only to help myself but for people like your daughter who cannot fight for themselves. 
  • AndrewM
    AndrewM Community member Posts: 8 Connected
    edited August 2017
    @wildlife Thanks for your response. You're right: the word 'misinterpreted' suggests a simple error but I believe it was more than this. The assessor also stated that she observed our daughter had a good grip on her walking stick and that was turned into being able to carry out tasks like dressing / preparing food etc. The opposite is actually true because her condition makes her grip extremely tight and this actually prevents her from doing a lot of tasks. As we left the assessment, the assessor winked at us and said "don't worry you'll be fine"!! The whole process has caused a great deal of disruption to our family and just because the decision has been reversed, doesn't mean everything is suddenly OK!! Good luck with your fight!! 
  • brianm
    brianm Community member Posts: 3 Listener
    LDBWILLI said:
    I would like to thank everyone who has helped me and all the great advice I was given that helped me so much. I finally received  my letter from DWP  saying my PIP was back dated......yeah. I'm so pleased I didn't give up or give in. I hope for everyone waiting  that they get the right results of their appeals 
    A win my tribunal pip.. but a got a letter from pip our dwp saying wee can't pay u at this time as wee have sent a letter to the judge asking for reasons for my win appeal.. am worried that am not getting it now this is me going into my 4th week and not heard anything.. wil a still get my pip that a win at the tribunal..
  • rosie55
    rosie55 Community member Posts: 40 Listener
    Hi I had tribunal at beginning of July and dwp did same and asked for sor.
    I've had my sor for 2 weeks now and dwp have had their copy but not decided if they r going utt or payment. X
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering
    brianmrosie55

    I'm so sorry this has happened. To start with, Brian, you probably will get your PIP eventually. The DWP are allowed to ask for what is called a statement of reasons, and whilst they are waiting for that, they can suspend your benefit payment.
    Rosie, same thing, except that as you've pointed out, in your case the DWP have the statement of reasons & are still deciding what to do. They have a month from the date they received the SOR to request permission to appeal to the Upper Tribunal, and during that time, they can suspend your benefit. 

    You can only appeal to the Upper Tribunal about an error of law, and usually, there won't be one, but it really does seem as if the DWP are going through this process of considering a further appeal more and more often. And that's terrible, because you've already waited long enough. I really hope that, in both your cases, the DWP decide not to appeal further & the payment is made. 

    If you've got further questions, can I ask that you start separate posts so that we don't miss your queries? Thank you.

    AndrewM I'm sorry that you had to battle to get what your daughter is entitled to. So many people are going through this same process as I'm sure you've seen on this forum, and so many people are losing their cars. If your daughter had been seriously injured in her falls it could have been much worse. I don't know if you have considered talking to your MP  - we really need to get the system changed for everyone.

    Will
    The Benefits Training Co:

  • brianm
    brianm Community member Posts: 3 Listener
    It's Brianm thanks for the reply..am just so stressed about this...after winning my tribunal pip appeal a thought that was it..so this Thursday will be the 5 week waiting on tribunal to send my sor to pip..am worried that am no going get it..all a can do is pray..but from ur experience  do u think a still get it ..thanks again for reply 
  • CockneyRebel
    CockneyRebel Community member Posts: 5,209 Disability Gamechanger
    In the last year I can only recall two cases that have been sucessfully challenged by the DWP so I think it likely you will get your award
    Be all you can be, make  every day count. Namaste
  • BenefitsTrainingCo
    BenefitsTrainingCo Community member Posts: 2,621 Pioneering

    Hi @brianm

    It's difficult to say without seeing all the facts of the case, but experience tells us that the DWP request SOR on far more cases than they actually apply for permission to appeal to the Upper Tribunal, and for those where they do ask for permission, not all are granted, and fewer still have the decisions changed. So the odds are in your favour.

    Mary

    The Benefits Training Co:

  • kodi15
    kodi15 Community member Posts: 4 Listener
    I won my pip Tribunal on the 17/01/18 want happens now do i have to wait 28 days to get paid and can it be done sooner and how long will it take to get my back pay

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