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Tribunal Decision
- LL26
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1 year 8 months ago #277681 by LL26
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Replied by LL26 on topic Tribunal Decision
Hi Gash-24
This may be of interest to you. Have a look also at appendix 2.
www.google.com/url?sa=t&source=web&rct=j...oMvVrIdHnLQWCmcD17hs
This is DWP guidance about appeals, including appeals to UT
A5567 - A5569
Suspension of payment of beneft
A5570 The DM can suspend payment of beneft awarded by the FtT whilst an appeal to the UT is
considered1
. The suspension can be imposed whilst awaiting for or on receipt of, the FtT’s decision
notice. The DM must, as soon as reasonably practicable, inform the appellant in writing that they intend
to request a statement of reasons2
. If the DM does not apply for the statement of reasons within one
month of the date the FtT sent the decision then the suspension must be lifted3
.
1 SS Act 98, s 21; UC, PIP, JSA & ESA (D&A) Regs, regs 44(2)(b); 2 reg 44(5); 3 reg 46(c)
A5571 The suspension is maintained if, within one month of the FtT sending the statement of reasons,
the DM informs the appellant that an application for permission to appeal to the UT has been made1
. The
written notice must be
1. issued after the application for permission has been sent to the chairman of the FtT and
2. posted to the appellant within the time limit.
1 TP (FtT) (SEC) Rules, rule 38(3)
A5572 Where such an application is made, the suspension may continue until the application and any
consequent appeal are decided1
.
1 SS Act 98, s 21; UC, PIP, JSA & ESA (D&A) Regs, reg 44(2)(b)
A5573 For further guidance, see ADM Chapter A4: Suspension.
I'm thinking that if DWP hasn't followed its guidance, maybe you should complain and ask for your benefit to be paid in accordance with FtT decision. You could always say that you will be referring the matter to a solicitor to consider taking legal action to enforce payment of your lawfully awarded benefit. In the absence of any court order or formal suspension notified as per above, perhaps as part of a proper appeal to UT you shoukd be paid. A failure to pay lawful benefit is a breach of Article 1 (Protocol 1) ECHR.
I hope this helps.
LL26
This may be of interest to you. Have a look also at appendix 2.
www.google.com/url?sa=t&source=web&rct=j...oMvVrIdHnLQWCmcD17hs
This is DWP guidance about appeals, including appeals to UT
A5567 - A5569
Suspension of payment of beneft
A5570 The DM can suspend payment of beneft awarded by the FtT whilst an appeal to the UT is
considered1
. The suspension can be imposed whilst awaiting for or on receipt of, the FtT’s decision
notice. The DM must, as soon as reasonably practicable, inform the appellant in writing that they intend
to request a statement of reasons2
. If the DM does not apply for the statement of reasons within one
month of the date the FtT sent the decision then the suspension must be lifted3
.
1 SS Act 98, s 21; UC, PIP, JSA & ESA (D&A) Regs, regs 44(2)(b); 2 reg 44(5); 3 reg 46(c)
A5571 The suspension is maintained if, within one month of the FtT sending the statement of reasons,
the DM informs the appellant that an application for permission to appeal to the UT has been made1
. The
written notice must be
1. issued after the application for permission has been sent to the chairman of the FtT and
2. posted to the appellant within the time limit.
1 TP (FtT) (SEC) Rules, rule 38(3)
A5572 Where such an application is made, the suspension may continue until the application and any
consequent appeal are decided1
.
1 SS Act 98, s 21; UC, PIP, JSA & ESA (D&A) Regs, reg 44(2)(b)
A5573 For further guidance, see ADM Chapter A4: Suspension.
I'm thinking that if DWP hasn't followed its guidance, maybe you should complain and ask for your benefit to be paid in accordance with FtT decision. You could always say that you will be referring the matter to a solicitor to consider taking legal action to enforce payment of your lawfully awarded benefit. In the absence of any court order or formal suspension notified as per above, perhaps as part of a proper appeal to UT you shoukd be paid. A failure to pay lawful benefit is a breach of Article 1 (Protocol 1) ECHR.
I hope this helps.
LL26
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- Gordon
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1 year 8 months ago #277682 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Decision
Gash-24
I'm not sure that we are all on the same page for this situation.
First, to clear up the procedural side of this.
Both you and the DWP had one month from the date of Tribunal Decision to request a written SoR from the Judge in charge of your hearing.
Once received by the Tribunal Service the Judge should provide the SoR within a reasonable timescale but importantly the is no specific time that this must be completed within.
Once the SoR is prepared and sent to both parties they then have one month from the date of the letter accompanying the SoR to request a further appeal to the Upper Tribunal. If no request to the UTT is made withing the month then the FTT Decision is binding on the claimant and the DWP.
From your latest posts it would appear, please correct me if I am wrong, that the DWP have requested a SoR but the Judge as of today, has not issued the document. This being the case then all you can do is "nudge" the Judge which seems to have happened as a result of your call to the TS.
Gordon
I'm not sure that we are all on the same page for this situation.
First, to clear up the procedural side of this.
Both you and the DWP had one month from the date of Tribunal Decision to request a written SoR from the Judge in charge of your hearing.
Once received by the Tribunal Service the Judge should provide the SoR within a reasonable timescale but importantly the is no specific time that this must be completed within.
Once the SoR is prepared and sent to both parties they then have one month from the date of the letter accompanying the SoR to request a further appeal to the Upper Tribunal. If no request to the UTT is made withing the month then the FTT Decision is binding on the claimant and the DWP.
From your latest posts it would appear, please correct me if I am wrong, that the DWP have requested a SoR but the Judge as of today, has not issued the document. This being the case then all you can do is "nudge" the Judge which seems to have happened as a result of your call to the TS.
Gordon
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- Gash
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1 year 7 months ago #278838 by Gash
Replied by Gash on topic Tribunal Decision
Hi LL26,
The issues continue still heard nothing from either the DWP or HMCTS. As mentioned in previous message I emailed HMCTS and sent it "for attention of judge" as I was advised. This was a month or so ago but I have not received a reply, as yet.
I will continue to to read through and make sense of recent information you sent.
Thanks again for your ongoing help and support
The issues continue still heard nothing from either the DWP or HMCTS. As mentioned in previous message I emailed HMCTS and sent it "for attention of judge" as I was advised. This was a month or so ago but I have not received a reply, as yet.
I will continue to to read through and make sense of recent information you sent.
Thanks again for your ongoing help and support
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- Gash
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1 year 6 months ago #279740 by Gash
Replied by Gash on topic Tribunal Decision
I am still yet to receive the SoR requested by the DWP end of November 2022.
I phone DWP end of January 2023 for update, they advised I contact HM Courts Tribunals Service (HMCTS). Followed DWP recommendation, HMCTS advisor suggested sending an email: For the Attention of the Judge, requesting an update on the SoR the DWP have asked for. I sent the email and got a automatic reply to acknowledge the email had been received. Someone will be in touch in due course. Still awaiting reply April 2023.
I also had a new assessment review of my PIP award January 23rd 2023.
January 27th 2023 I phoned DWP to request a copy of the assessors report.
No report received.
February 8th 2023 I received a letter stating, 'We now have all the information we need to make a decision'.
March 6th 2023 received letter, 'I have looked at your award'.
I have looked at your PIP and decided:
Standard daily living from 6th March 2023 to 22 July 2025
Cannot award you PIP mobility needs from 6 March 2023
Bearing in mind I was awarded Enhance rate for mobility following the tribunal appeal October 2022. I am so confused.
March 22nd 2023 Mandatory Reconsideration request sent.
I called the DWP again 27th April 2023 waited 1 hour 3 minutes to speak with advisor. Operator put me on hold for 9 minutes whilst she got an update from the appeal team. Appeals case manager took over the call. I made the request again for the January 2023 assessors report. Manager assured me it would be posted as soon as possible.
I then asked for an update on the SoR and clarification as to why a further full assessment was require. When the Court appeal decision is still under dispute.
Reason given for SoR delay from appeal manager, 27th April 2023: 'Judge is off sick'.
Reason for Full Assessment 23rd January 2023: 'Overdue review following lock down and Covid-19 pandemic'.
This situation is increasing my anxiety, stress and the symptoms that go along with my condition.
Any advice, comments and suggestion on what I can do next, will be very much appreciated.
Kind Regards
I phone DWP end of January 2023 for update, they advised I contact HM Courts Tribunals Service (HMCTS). Followed DWP recommendation, HMCTS advisor suggested sending an email: For the Attention of the Judge, requesting an update on the SoR the DWP have asked for. I sent the email and got a automatic reply to acknowledge the email had been received. Someone will be in touch in due course. Still awaiting reply April 2023.
I also had a new assessment review of my PIP award January 23rd 2023.
January 27th 2023 I phoned DWP to request a copy of the assessors report.
No report received.
February 8th 2023 I received a letter stating, 'We now have all the information we need to make a decision'.
March 6th 2023 received letter, 'I have looked at your award'.
I have looked at your PIP and decided:
Standard daily living from 6th March 2023 to 22 July 2025
Cannot award you PIP mobility needs from 6 March 2023
Bearing in mind I was awarded Enhance rate for mobility following the tribunal appeal October 2022. I am so confused.
March 22nd 2023 Mandatory Reconsideration request sent.
I called the DWP again 27th April 2023 waited 1 hour 3 minutes to speak with advisor. Operator put me on hold for 9 minutes whilst she got an update from the appeal team. Appeals case manager took over the call. I made the request again for the January 2023 assessors report. Manager assured me it would be posted as soon as possible.
I then asked for an update on the SoR and clarification as to why a further full assessment was require. When the Court appeal decision is still under dispute.
Reason given for SoR delay from appeal manager, 27th April 2023: 'Judge is off sick'.
Reason for Full Assessment 23rd January 2023: 'Overdue review following lock down and Covid-19 pandemic'.
This situation is increasing my anxiety, stress and the symptoms that go along with my condition.
Any advice, comments and suggestion on what I can do next, will be very much appreciated.
Kind Regards
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- Gordon
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1 year 6 months ago #279759 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal Decision
Gash-24
Thanks for the update.
From your post, there seems to be little if anything that you can do at this time.
You are still waiting on the SoR from the Tribunal Service, all you can do is keep nudging them (not the DWP) for an update.
You have made a Mandatory Reconsideration request, apart from looking at whether you can supply more information there is nothing else you can do until they render a Decision.
Sorry, I appreciate you have already waited a long time but you are stuck waiting for others to do something.
Gordon
Thanks for the update.
From your post, there seems to be little if anything that you can do at this time.
You are still waiting on the SoR from the Tribunal Service, all you can do is keep nudging them (not the DWP) for an update.
You have made a Mandatory Reconsideration request, apart from looking at whether you can supply more information there is nothing else you can do until they render a Decision.
Sorry, I appreciate you have already waited a long time but you are stuck waiting for others to do something.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gash
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1 year 3 months ago #282333 by Gash
Replied by Gash on topic Tribunal Decision
Hi All.
I have sent it with the link because I don't know how to do it any other way.
Update regarding Appeal. file:///C:/Users/davea/Documents/attachment%201%20(2).pdf it continues:-
4. Within 1 month of the date of issue of notice, either party must notify the tribunal if they wish to apply to set decision aside.
5. If there is no response to direction 4, the tribunal will assume that the statement is no longer required.
I would be very grateful if you could explain what this means and what I need to do next.
Kind Regards.
I have sent it with the link because I don't know how to do it any other way.
Update regarding Appeal. file:///C:/Users/davea/Documents/attachment%201%20(2).pdf it continues:-
4. Within 1 month of the date of issue of notice, either party must notify the tribunal if they wish to apply to set decision aside.
5. If there is no response to direction 4, the tribunal will assume that the statement is no longer required.
I would be very grateful if you could explain what this means and what I need to do next.
Kind Regards.
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