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Tribunal overturned PIP decision - what happens next?

LDBWILLILDBWILLI Posts: 22Member Whisperer
This discussion was created from comments split from: Changing from DLA to PIP - any advice?.

Replies

  • LDBWILLILDBWILLI Posts: 22Member Whisperer
    Hello I've just received a letter regarding my court appeal for PIP and the tribunal has overturned the decision from standard to enhanced  on the mobility part , but I don't know what happens next , can anyone help ?
  • LDBWILLILDBWILLI Posts: 22Member Whisperer
    I was unsure where to put the above questions regarding tribunal overturned decision on PIP.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    Hi LDBWILLI

    The tribunal should provide you with a written decision notice and this should also be sent to the DWP. The DWP must then change its decision and pay you the arrears for what they owe you. There is sometimes a short delay in this happening but it shouldn't be more than a week or so. I suggest you contact the PIP office on 0800 917 2222 and check they are processing the new decision. If you are not happy with the response you get i suggest you let us know what happens and we will advise further.

    The new PIP decision might have a positive effect on your other benefits such as employment and support allowance and housing benefit. Generally, it is good practice to tell all of the other offices involved in your benefits about the new decision.

    David
    The Benefits Training Co:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    Hi don4u2201,

    You don't have to attend a tribunal hearing. You should be given the option of an oral or paper hearing (usually you make this decision on the appeal form). A paper hearing means the independent tribunal make a decision on the documents alone. An oral hearing means you go along and the appeal panel listens to the claimant & can ask questions directly.  I'd always recommend opting for an oral hearing if you can - this means the claimant attends in person, with a representative if you've asked to bring one, or with a friend or family member to assist her.

    Both the claimant and the DWP have to agree to the paper hearing, but it's unusual for the DWP to insist on an oral hearing if you ask for a paper one.

    The advantage of an oral hearing to claimants is that the tribunal gets to see the claimant and is more likely to understand how their condition affects them. It's not essential, but the statistics show people who attend oral hearings are more likely to be successful with their appeal.

    If you want an oral hearing, but it's not possible for the claimant to attend because the seizures are so frequent, then you could ask for the hearing to be as close as possible to your home or even (very rarely) in your home. If you're going to ask for this, try to include a letter from the claimant's doctor explaining why she needs this.  Another option would be to ask for the claimant to appear by video link or telephone - again, you'd need to explain why, and provide evidence if possible of the problems she has. 

    You could argue that because of the nature of her condition, the tribunal hearing won't be accessible to her unless it is provided in one of these alternative ways. But if you prefer, another option is to ask for a paper hearing and try to provide as much evidence as possible. It's a good idea, if you can, to get a benefits adviser (eg from a Citizens Advice Bureau, law centre or local disability information centre) to help you by looking at all the documents (called a 'submission') so they can make sure that the papers back up your side of the argument.

    I hope that helps, and the appeal is a success!

    Will
    The Benefits Training Co:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

  • don4u2001don4u2001 Posts: 17Member Listener
    Thank you so much for getting back to me  we have a representative from the cab  and I have sent the form for the appeal back and put will attend but my mum she will start to stress a lot and when she is a little stress she has her siezers 
  • LDBWILLILDBWILLI Posts: 22Member Whisperer
    Hi David 
    Thank you for your reply and the advice , the tribunal did say that a copy of their decision would go to the DWP but it could be overturned by them if they didn't want to pay the difference between standard and enhanced payments it also said this was the  first tier
    what ever that means. So I'll just keep my fingers crossed and wait to see .

    Thank you 
    LDBWILLI

  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    Hi LDBWILLI

    I think what the tribunal is referring to is the possibility of the DWP challenging the decision by applying to the Upper Tribunal for permission to appeal the decision on a point of law. Basically if you had lost your appeal at the First-tier Tribunal you would have had an opportunity to apply to the Upper Tribunal for the decision to be set aside and the DWP have the same right.

    In my experience the DWP are careful of doing this because decisions of the Upper Tribunal set a precedent and are binding on decision makers and First-tier tribunals. If they decide to try and challenge the decision then they must first request the First-tier Tribunal Judge's written statement of reasons for the decision and you will also be sent a copy of them. They have one month from the date of the tribunal's decision to request them and one month from the date they receive them to make their application. Unfortunately should they decide to pursue a challenge in this way they can put off implementing the decision of the tribunal until the matter has been dealt with.

    Finally, for reasons of balance and perspective I must say that as a representative who has attended a significant number of tribunals during the past twelve years  it is extremely rare for the DWP to seek to challenge First-tier tribunal decisions. Sadly though this might be about to change as they are currently in the process of recruiting 86 new presenting officers who will be charged with identifying cases which can be appealed to the upper tribunal.

    Best wishes

    Paul
    The Benefits Training Co:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

  • DianaWDianaW Posts: 30Member Whisperer
    Paul's comments are very reassuring but don't entirely end my worries.

    Last week, a first-tier tribunal overturned the DWP's decision (in late June) to stop paying me ESA and recommended that I not be reassessed for two years because of the incapacitating effects of acute stress and depression. 

    I was startled to read the standard form accompanying the written decision, however, since it stated that the tribunal had no power to enforce its own decision - and did not suggest how the claimant could proceed to get that enforced if the DWP simply did not obey it. Is there any power to compel the DWP to obey the tribunal's decision, if it does not appeal it?

    My position is further complicated because, on the basis of a new sick note from my GP, I had begun a new ESA claim and - while not having yet been paid any benefit at all under that claim - I have been sent a further ESA50 to complete and return by the start of December. That time-limit expires before the time within which the DWP could appeal the tribunal's decision last week. Do I still have to complete that form, in case the DWP either ignores or appeals the tribunal's decision? The process of completing the form is both exhausting and extremely distressing, which just makes me more ill than ever - at just the time when my GP and the tribunal are trying to let me have time to recover.
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    Hi Diana,

    If the tribunal has overturned the DWP decision then the DWP should carry out the tribunal's decision straight away. The tribunal decision replaces the DWP decision and it must be put into practice as long as the DWP are not appealing. They can't ignore the decision. If the DWP wants to appeal, they might consider whether to go to the Upper Tribunal, and suspend benefit whilst they think about whether to do so. If they apply for permission to appeal to the Upper Tribunal, then that means your first tier tribunal decision can be suspended, for the time being. 

    So you need to find out what the DWP are intending to do, but if they are NOT considering appealing or seeking leave to appeal, then they must pay you. 

    As regards the new ESA50, you may not have been paid under that claim because, if you've already had a negative work capability assessment, you can't get ESA whilst you're waiting for a new assessment, unless your condition has deteriorated or you have a new condition. Given that the time limit for the completed ESA 50 expires before the time within which the DWP could appeal, I'm really sorry but the best advice to protect your position has to be to complete the ESA 50...Just in case the DWP do appeal. 

    I'm so sorry. I hope you can see the logic of this, not that it helps. As Paul says, it's been quite unusual for the DWP to seek leave to appeal in the recent past, but I can't guarantee that they won't. I hope you can get as much support as possible with completing the new ESA50 as I know it's absolutely exhausting and nerve-racking.

    Will
    The Benefits Training Co:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

  • LDBWILLILDBWILLI Posts: 22Member Whisperer
    Hi don4u2001
    I opted for paper hearing rather than oral as I knew it would be too stressful for me , so I wrote a detail account of my appeal stating that quite a lot of the things stated from the Capita rep were not true she said I'd done or said things which was a lie. After explaining my whole situation I also thanked them for taking time to hear my appeal. They wrote back saying they had received my appeal letter but because of high volume of appeals they couldn't give me a date when it would seen to. I finally heard a few days ago my appeal was overturned , now I'm just waiting to hear from the DWP to accept it, fingers crossed. So don't give up trying things are changing in favour of the disabled 

    LDBWILLI
  • don4u2001don4u2001 Posts: 17Member Listener
    Hi LDBWILLI. 
    SORRY for being a bit rude here but plz would you briefly tell me what to write she has a lot of illness
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  • DianaWDianaW Posts: 30Member Whisperer
    Thanks, Will. The fact that the tribunal produces this long document about its inability to enforce its own decision really made me wonder whether the DWP had been choosing not to obey inconvenient decisions - and I hadn't been able to find anything about enforcing a judgment that doesn't actually order payment to the successful claimant.

    How does reinstatement of benefit pending an appeal play into this scenario? I now understand that I should have been entitled to have my ESA reinstated pending the first-tier tribunal hearing (although the DWP never notified me about that right at the time) but is one entitled to reinstatement pending an appeal by the DWP against a first-tier decision? Or can the DWP continue to avoid doing that because any appeal by them would be intended to prevent that benefit ever becoming payable?

    I'd had a horrid feeling that completing the new ESA50 might be inescapable, unless the DWP implements the tribunal's decision very promptly, but hadn't quite understood why they could effectively avoid paying under the new claim yet. It's a deterioration case rather than a new condition, although one of my current physical problems had only just begun to show up before the last WCA and has since become much more incapacitating. Since the deterioration was fully detailed in the request for mandatory reconsideration, which the DWP acknowledged they'd got at the outset of the new claim, they do already have evidence of that - and the medical evidence produced to the tribunal provides much more detail on the psychological side, too.

    Fingers crossed that they give in and pay up quickly!
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox

    Hello DianaW,

    If you fail the work capability assessment (and therefore to qualify for ESA) and want to challenge this you have to ask the DWP to look at the decision again. This is called a mandatory reconsideration. Only when the DWP have completed the mandatory reconsideration can you then appeal to the First Tier Tribunal. The DWP will suspend ESA payments while the mandatory reconsideration takes place. To get some money, most people have to claim jobseeker's allowance during this period.

    Once the appeal is received by the Tribunal Service, you can request the DWP reinstate ESA and they should pay this until the appeal is heard. You do not have to make a new claim but the DWP will check that the appeal has been received by the Tribunal Service before paying ESA.

    I'm afraid the rules are different for appeals from the First Tier Tribunal to the Upper Tier Tribunal but these were covered by my colleagues Paul and Will in their earlier posts.

    Regards,

    Michael

    The Benefits Training Co:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

  • LDBWILLILDBWILLI Posts: 22Member Whisperer
    hi don4u2001 
    I decided to have a paper hearing so my letter to them was basically to explain my disabilities  also the lies told by the Capita  representative when she came to my home exactly  what she said I'd  done but I hadn't done at all.I also said it was unfair how disabled ppl were treated especially when u see Life on  Benefits plastered all over TV. I ended by thanking them for taking the time to deal with my appeal.  if any of this is any good please go for it let me know how you get on  

    LDBWILLI  
  • shazzirvine7180shazzirvine7180 Posts: 14Member Listener
    Hi LDBWILLI
    tha k you for your last post. We have just received my husbands decision from pip along with the report from the capita representative and like yourself her report is all lies and not at all what she asked my husband to do. I am in bits and so glad to hear it's not just my imagination. It happened to someone else. I think I really will ask my husbands claim to be looked at again 
    thank you
  • LDBWILLILDBWILLI Posts: 22Member Whisperer
    Hi shazzirvine7180
    yes definitely appeal against your husbands decision , writing every little thing down in detail regarding the lies they tell, do not give up as that is what they want you to do. It's scandalous to think they are getting away with what they are doing, they took my mobility car away from me, but at least mobility do offer you£2000 to help to get another car but then if you get your appeal overturned like me you have to wait 6mths b4 you can re-apply for a mobility car. I hope all goes well for you , let me know and good luck

    LDBWILLI
  • Kathleenac_16Kathleenac_16 Posts: 1Member Listener
    I am receiving DLA long term and have not received a letter to claim PIPS I am 67 on my last birthday .  I receive high rate mobility and low rate care but over the past few years my condition has deteriorated quite a lot and I need more help and I don't know what to do .  I am afraid to ask for any more benefits in case they get me to transfer to PIPS .  what can I do please ?
  • shazzirvine7180shazzirvine7180 Posts: 14Member 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
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox

    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:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

  • Sam_ScopeSam_Scope Posts: 6,030Administrator Scope community team
  • nicholafitzpatrick1nicholafitzpatrick1 Posts: 6Member 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?
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    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
  • nicholafitzpatrick1nicholafitzpatrick1 Posts: 6Member Listener
    that seems a long time ive been informed 2 till 8 weeks otherwise they would owe you thousands if win and backdated?
  • nicholafitzpatrick1nicholafitzpatrick1 Posts: 6Member 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!
  • MatildaMatilda Posts: 2,454Member Brian Blessed
    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.
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    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
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    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:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

  • AndrewMAndrewM Posts: 2Member Listener
    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!!


  • wildlifewildlife Posts: 1,124Member Chatterbox
    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. 
  • AndrewMAndrewM Posts: 2Member Listener
    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!! 
  • brianmbrianm Posts: 3Member 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..
  • rosie55rosie55 Posts: 40Member 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
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    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:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

  • brianmbrianm Posts: 3Member 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 
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    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
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox

    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:
    Will Hadwen
    Lee Kempson
    Mary Shone
    Maria Solomon
    David Stickland

  • kodi15kodi15 Posts: 4Member 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
  • CockneyRebelCockneyRebel Posts: 3,874Member, Community champion Brian Blessed
    Hi kodi

    DWP usually take 5-8 weeks to put tribunal award into payment

    CR
    Be all you can be, make  every day count. Namaste
  • lozylozy Posts: 1Member Listener
    So I was in receipt of pip. In December last year I had to do a new assessment form, I mentally wasn't able to leave the house or ask for help so just filled the form out.  I don't have a clue what I wrote  my memory is not great. In January I was told I had to go for a medical which was in February. It was horrible to say the least anyway In March I got the decision and scored 0. So April I did a madortory reconsideration. May got refused again so I've just asked to go to appeal. What I need to know is 1. Have I shot my self in the foot because of the original form. I really was in a bad place not that I'm any better now. 2 what are my chances I will get a hearing as I've been told they can refuse. 3. How long is the tribunal process.
  • DianaWDianaW Posts: 30Member Whisperer
    This is not legal advice but my personal experience, Iozy, but it might reassure you a bit.

    The original ESA form is only one document among all those in the bundle that the DWP will have to supply to the tribunal to provide the background to your appeal. It's important but not necessarily fatal if you didn't manage to give a good account of your condition in that form - the questions don't really help one to do that, especially in psychological ill-health claims.

    What matters most is what's said in the grounds of your appeal, which have to show why the DWP decision was wrong (at both the original and the mandatory reconsideration stages). Get help from a CAB etc to draft your grounds of appeal and make sure that that includes an explanation of the condition you were in when you had such trouble completing the ESA form, so that whatever that document says gets read in the proper context.

    If your appeal form shows an arguable case - which, especially with CAB help, it's going to do - then you should get a hearing.
    The length of the tribunal procedure varies according to how overburdened the tribunal system is nowadays but my appeal went to a full hearing in November 2016, about 3 months after I'd filed my appeal form.
    The oral hearing itself took less than an hour and the DWP didn't attend. I was extremely nervous but the hearing consisted only of a very kind and careful questioning by the two tribunal members (one of them a doctor) to make sure that they'd got enough background facts to clarify the initial impression that they'd gained from the papers they'd read. I went by myself but I didn't have to make any kind of argument at all, even about the DWP's hopelessly inadequate bundle of papers.

    I hope that this is helpful. Good luck!
  • joshwalkerjoshwalker Posts: 1Member Listener
    My nephew won his tribunal last month will he be backdated from last year? Thanks
  • MatildaMatilda Posts: 2,454Member Brian Blessed
    edited July 22
    Arrears due will be paid from the date of the claim.
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