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Tribunal Decision
- Gash
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1 year 11 months ago #275258 by Gash
Tribunal Decision was created by Gash
Hi all,
Can you tell me if the DWP can over rule a Tribunal decision?
I have been awarded enhance rate for the mobility component of PIP and it's being back dated.
As yet I have not received any correspondents or payment from DWP.
Any help and advice would be very much appreciated
Kind Regards
Can you tell me if the DWP can over rule a Tribunal decision?
I have been awarded enhance rate for the mobility component of PIP and it's being back dated.
As yet I have not received any correspondents or payment from DWP.
Any help and advice would be very much appreciated
Kind Regards
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- LL26
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1 year 11 months ago #275264 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Tribunal Decision
Hi gale.b
You may wish to change your user name since your email is showing.
Well done fir winning your appeal.
Normally it takes around 4 to 5 weeks for DWP to action a payment following a tribunal. DWP get notified automatically via the tribunal.
There is a right of appeal but this is very rarely ever used by DWP. The right of appeal requires an error of law, so there is no automatic right if appeal just because they don't like the decision. In order to appel DWP woukd need to apply for the written Statement of reasons which is the fully explained decision, nor just the brief version handed out at the end of the hearing. DWP would then need to examine the WSOR and then argue there is an error of law. They would normally have one onto to ask for the WSOR. All claimants have a similar right of appeal based on an error of law.
If your tribunal was fairly recent I suspect that DWP simply hasn't processed your claim yet. You could phone DWP and explain that you have succeeded at the tribunal and are awaiting benefit payments. DWP will probably confirm that they are processing it. Or tell you that it was done yesterday (I always get that time scale!) Which might mean they'll do it today!
You certainly should get the award backdated until the claim date if this an original claim or when the relevant review is made instead.
I hope this helps.
LL26
You may wish to change your user name since your email is showing.
Well done fir winning your appeal.
Normally it takes around 4 to 5 weeks for DWP to action a payment following a tribunal. DWP get notified automatically via the tribunal.
There is a right of appeal but this is very rarely ever used by DWP. The right of appeal requires an error of law, so there is no automatic right if appeal just because they don't like the decision. In order to appel DWP woukd need to apply for the written Statement of reasons which is the fully explained decision, nor just the brief version handed out at the end of the hearing. DWP would then need to examine the WSOR and then argue there is an error of law. They would normally have one onto to ask for the WSOR. All claimants have a similar right of appeal based on an error of law.
If your tribunal was fairly recent I suspect that DWP simply hasn't processed your claim yet. You could phone DWP and explain that you have succeeded at the tribunal and are awaiting benefit payments. DWP will probably confirm that they are processing it. Or tell you that it was done yesterday (I always get that time scale!) Which might mean they'll do it today!
You certainly should get the award backdated until the claim date if this an original claim or when the relevant review is made instead.
I hope this helps.
LL26
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 11 months ago #275283 by Gash
Replied by Gash on topic Tribunal Decision
Hi LL26,
First and foremost I would like to thank you for highlighting the fault on my username, now corrected. I am not great with I.T so really appreciate any feedback.
Your knowledge and explanation of my issue is second to none, thank you so, so, much. Fingers cross I will hear from the DWP in due course. If not I will call them to chase it up. I will keep you posted.
Thanks again
Gash-24
First and foremost I would like to thank you for highlighting the fault on my username, now corrected. I am not great with I.T so really appreciate any feedback.
Your knowledge and explanation of my issue is second to none, thank you so, so, much. Fingers cross I will hear from the DWP in due course. If not I will call them to chase it up. I will keep you posted.
Thanks again
Gash-24
The following user(s) said Thank You: LL26
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- Paulie
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1 year 11 months ago #275293 by Paulie
Replied by Paulie on topic Tribunal Decision
I am awaiting letter from tribunal to advise me of their decision. I don't think it well for me, anyway that's another story. I couldn't help but feel a lot of the questions are designed to try and catch the claimant out( I had nothing to hide) in some way, if they can. I had a DWP representative sat next to me, as well. I was overwhelmed by the whole thing the whole time. I gave an answer that appeared to contradict something I'd said earlier on. This was purely an error down to nerves but I didn't correct it. One of the people shot a look at DWP person. Like two people who knew each other, very well, to me. These officials must know each other, I guess from meeting previously due to the nature of their jobs. I'm not suggesting any unfairness. Just me being very on edge I guess. Judges gave me a very fair hearing, all told.
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- Gash
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1 year 11 months ago #275399 by Gash
Replied by Gash on topic Tribunal Decision
Hi Pauline,
Thank you for taking the time to reply to my post.
The whole process of PIP, in my opinion, is shocking.
It took me a year or so to get my appeal hearing and thankfully it was successful. I agree the appeal process is very daunting.
I do hope you get a positive outcome.
I do appreciate you taking the time to reply.
Kind Regards
Thank you for taking the time to reply to my post.
The whole process of PIP, in my opinion, is shocking.
It took me a year or so to get my appeal hearing and thankfully it was successful. I agree the appeal process is very daunting.
I do hope you get a positive outcome.
I do appreciate you taking the time to reply.
Kind Regards
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- Gash
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1 year 11 months ago #275857 by Gash
Replied by Gash on topic Tribunal Decision
Hello again LL26,
Following my previous post and your reply.
I have called the DWP for an update as I still have not heard from them regarding my appeal award.
I have be told the DWP have requested a 'Statement of Award'. Do you know why this might be?
Furthermore, can you give me any advice on what I need to do, if anything?
I appreciate any help
Kind Regards
Following my previous post and your reply.
I have called the DWP for an update as I still have not heard from them regarding my appeal award.
I have be told the DWP have requested a 'Statement of Award'. Do you know why this might be?
Furthermore, can you give me any advice on what I need to do, if anything?
I appreciate any help
Kind Regards
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