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Won an appeal at court for PIP now got a letter asking for statement of reason

dodo76dodo76 Posts: 46Member Talkative
edited October 2017 in PIP, DLA and AA
Hoping someone can help me out here
Won an appeal at court for my partners pip 28th of April this year two weeks after got a letter from dwp saying they were asking for statement of reason for the court as consider leave for appeal its been 29 days and still not heardfrom dwp as any one else had the same issues after winning appeal the stress is horrible dont know what to do next for the best all adive welcome and i am mist gratefull

Replies

  • dodo76dodo76 Posts: 46Member Talkative
    Firstly thank you Marie for all your help and advice 
    I have to say i feel so fed up with the whole thing now and feel like giving up the whole stress is getting to much now and affecting our life and health , 
    What was the point of the dwp rep sirting there in court never once questioning any thing only asking two questions that were of no legal legislation at all surely its there job to point anythung of this kind to start with not sit there like dummies for almost 2 hours i feel so angry with the way the dwp treat people my partner as lost his hypo awareness which we have tried get back but to no effect i wish the person from the dwp came to live with ys and see just how stressful life is .i also wonder how many others are having the same issues as us rant over 
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox

    Oh no! Don't feel too disheartened @dodo76 !

    An independent tribunal have determined that your appeal is successful - as Maria says, this can only be appealed if the Tribunal made an error in law, not simply because the DWP disagree.

    It may well be the case that having read the reasons the DWP do not appeal and just decide to pay up.

    Let us know how it goes!

    Mary

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

  • TiggerJones51TiggerJones51 Posts: 3Member Listener
    Hi dodo76, I have a similar problem to you. I am appointee for my son. His DLA was stopped early last year. His application for PIP was refused so I asked for mandatory reconsideration and appeal. He underwent a really stressful assessment with an Atos assessor. She completely discounted everything I said and made some very inappropriate remarks to my son, which I complained about but that complaint was never even acknowledged. We went to tribunal on 25 th February this year. It was a very stressful time for both my son and myself but he was awarded standard benefit. DWP did not send a representative to the hearing. On 27 th Feb., I had a letter from DWP stating they had applied to HMCTS for a statement of reasons as they wished to apply for permission to appeal the decision. They said they normally have one month to consider applying for permission and that starts from when the tribunals statement of reasons has been issued. I take that to be the date on the covering letter with said statement. I received the full statement of reasons together with clerk of the court notes on 5th May but the letter was dated 3 rd of May.
    I have heard nothing, so today, 7 th June, I contacted HMCTS to see if they had received an appeal application and the answer was no. I was advised to contact DWP.
    I spoke to a lady at DWP for an update. I stated that as far as I was concerned, DWP s month in which to appeal was up and she agreed. She said the last notes on my sons file showed statement of reasons had been received on 9 th May but had not been acted on so she would pass the information on and someone would phone me either this evening or tomorrow to discuss it. I am worried now that they will count their month from when they received the statement of reasons and will rush an appeal through tomorrow!!! My husband is now cross with me because he said I should have given it another week!!!! This is affecting all of us. It's so unfair. What is the point of having a tribunal with all the incurred expense!!!! It's crazy!!!!!
    How did you get on with your partners pip???

  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    Hi @TiggerJones51

    It is so stressful waiting isn't it, but if I can provide you with any relief, the date when the 'one month' starts from is the date on the top of the written statement of reasons letter. Therefore if the date of the letter was the 3rd May and the DWP hadn't requested permission to appeal to an Upper Tribunal by this time, then they are out of time.
    Unfortunately, I am seeing a lot of cases where the DWP are requesting written reasons for the decision of the tribunal but not going any further which does indeed cause a lot of additional and unnecessary stress to peoples lives.
    It may help to phone PIP and ask for a call back from a decision maker to explain when they are going to start your payments (including payment of arrears). When you initially call the PIP number you get through to a contact centre and if you want more information about your case you can ask for this call back. If this doesn't work then you could contact your MP (if your results for your area are in!) and ask them to assist you in getting your payments made.

    Hope this helps,

    Laura

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

  • dodo76dodo76 Posts: 46Member Talkative
    Hi guys sorry not replied lost my passwords ect lol right here is a update on the state of things 
    Dwp asked for statement of reasons which they got back in May we had to wait another nonth before we were told that the Dwp wete asking for permission to take it to upper level which was granted on the dead line date early August they can only take it on some points issue over something to do with treatment issue its now coming up to 16 months since we started the whole appeal and sadly still at the point of not getting anywear , the stress as been taking its toll on both our health cant see an end to it myself know we are in for another long wait every one else we know tgat as got to appeal after us as won and been sorted  its hard to keep your chin up the thing that gets me is my partners list of hypo awearness will not come back its gone due to the length of time he as been diebetic over 30 years yet the dwp feel the need to had to the stress and dont fully understand the illness and its issues  
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    dodo76dodo76,

    I'm really sorry to hear that the DWP are appealing further. It's difficult to tell what the error of law is but as Maria suggests, for an Upper Tribunal appeal we would strongly advise you to get help from Citizens Advice, a law centre or your MP's surgery. 

    Although the appeal will almost certainly be held without you or your partner having to attend, it's a good idea to get advice because there might be arguments or evidence which an advice agency can help you to prepare.

    I'm so sorry this is happening to you and your partner. Unfortunately it seems to be getting more common, which is no comfort to you!

    I don't know what your overall situation is but you might want to ask the CAB or a local advice agency for a benefits check in the meantime, particularly as you say that your health is also suffering.

    I really hope you are able to get some locally based advice. If not though, don't despair, the Upper Tribunal will look at all the paperwork and you can still submit anything you think is relevant. Keep within any time limits the Upper Tribunal Office gives you to send them any responses.

    Because Upper Tribunal decisions can take a long time to come through, another thing to consider is whether you simply want to claim PIP again. I'm not sure if this is relevant - if your partner has an award of PIP but it isn't as high as you think it should be, it may be best to leave things as they are. But if your partner is getting no PIP at all, there is nothing to prevent him from claiming again. Because of the nature of the claim form, if you are able to get help with filling it in, that is always a good idea.

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

  • dodo76dodo76 Posts: 46Member Talkative
    Firstly thank you all for your post  as of today still no news we have stopped waiting for the post and doing our best not to think of it 
    The letter we got to say the dwp could take it to the upper level stated that they could not take the award away but had the right to have a section relooked at sonething to do with treatment and help my oartner needs daily i think its actually over the rate of pay been awarded at the hearing its just a case of waiting it out we have got a guy who as 30 yrs dealing with dwp and appeals working with us 
    Once again thank you for all your comment advice i hope that every one in the same vote gets sorted fast xx
  • clark30clark30 Posts: 25Member Whisperer
    I’m having the same trouble my pip was stopped on the 17th May appealed and won the the first tier appeal now they want a statement of reasons in which I am still awaiting
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    clark30,

    It's possible that once the DWP get the statement of reasons they will decide not to appeal further, in which case you should get your money. Unfortunately, it's impossible to say at this stage what they will do. Hopefully, it won't be stretched out for too long

    dodo76,
    It sounds as if you've got a very experienced person helping you which is great. Back in March there were some changes to the PIP rules to do with medication and therapy, and I wonder if the DWP are talking about this? However, the new rules should only apply to decisions made on or after the rules were changed (16th March 2017).

    It's difficult to know without looking at the paperwork, but it sounds as if you are in good hands anyway so it's probably not helpful to say more here. It will take a long time for this to be resolved I'm afraid due to the very slow moving of the tribunal system.

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

  • clark30clark30 Posts: 25Member Whisperer
    It’s been a month so far still haven’t recieved my statement of reasons am thinking about phoning the dwp to find out what is happening it said on the letter they have a month and it has been that Just thinking what to do for the best
  • Pippa_ScopePippa_Scope Posts: 4,011Administrator Scope community team
    Hi @clark30, do keep us updated on your situation and we'll do our best to support you!
  • clark30clark30 Posts: 25Member Whisperer
    Rang them and it is still with the judge it’s Just awaiting game atm
  • dodo76dodo76 Posts: 46Member Talkative
    Hi all 
    Clark30  hang in there it wont be long before you hear i am sure , hopefull you wont  be in the same place i am and you will get sorted 
    As for us guys well we are still waiting almost 18 months since the start of this nightmare of waiting around as soon as we get news i will post 
    We are at a stage now were we just dont think about the issue and jyst work on the daily issue because the stress of all this was affecting our life and health we know that we are in for a long wait as its 18 months now i use to get stressed out about how the powers that be mess with your life and how its hard making do when you cant do anything to sort the issue as its down to others .xx
  • clark30clark30 Posts: 25Member Whisperer
    Still awaiting for the judge to sort this out it has been 8 weeks since my statement of reasons was requested how much longer I’m sure they have only 1 month
  • dodo76dodo76 Posts: 46Member Talkative
    They only have one month for the statement of reason from the daye on the letter , give them a ring to see if they have had it see what they have to say but i think it could they have no reason and may be they are sorting you payment 
    Let me know how you get on 

    As for us sadly we are no closer to getting a ruling than we were  a few months ago but will up date you all when we actully know something 

  • clark30clark30 Posts: 25Member Whisperer
    The pip people keep telling me that all I have to do is wait for them to recieve my state meant of reasons 
  • clark30clark30 Posts: 25Member Whisperer
    All I keep getting told it’s with the judge I phoned dwp and all I got told was to wait for the statement of reasons this is causing me more anxiety and I don’t feel like going out or even getting dressed
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    Hi clark30,

    If you are waiting for a tribunal statement of reasons from a judge there is no time limit when it has to be done by. That doesn't mean that you shouldn't keep phoning the tribunals service and asking them to chase it up though!

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

  • dodo76dodo76 Posts: 46Member Talkative
    Hi Clark 30 
    Just keep phoning them and try not to worry with all the news in the press i think the dwp will be pulled out with a back log of cases 
    I fully understand just how your feeling because we are 18 months and still not got any news to share we got to the point were we allowed the stress of it all to effect our health and came to a point were we just said thats it no more worring about it our health as to cone first and just put it to the back of our minds and life hang in there 
  • clark30clark30 Posts: 25Member Whisperer
    THE dwp Just say on the letter that they have a month to apply for the statement of reasons it’s all false it doesn’t state that how long u have to wait for the judge to do it
  • dodo76dodo76 Posts: 46Member Talkative
    Every thing with the DWP is all about mind games they want you to give it up just try and carry on your life as hard as it is 
    Look at all the stories in the news over the same sort of issues the DWP have made so many mistakes with cases sooner or later things will turn around for us all hang in there 
  • clark30clark30 Posts: 25Member Whisperer
    I hope so life is getting so much harder the judge needs to hurry up apparently the dwp are chasing this up but I think it alls lies 
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    clark30,

    let us know when you hear. Hopefully the DWP won't take it any further once they've got the statement of reasons.

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

  • clark30clark30 Posts: 25Member Whisperer
    Phoned the tribunal today and the dwp got told it was still with the judge it’s been 12 weeks still getting told just wait for the statement of reasons 
  • clark30clark30 Posts: 25Member Whisperer
    Still waiting phoned them again it’s been 13 weeks now
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    clark30clark30,

    I think this is too long to wait and you should complain to HMCTS, as it seems the delay is at their end. I know they are very overloaded with tribunals, but 13 weeks is too long.

    I'd make the point that the delay means DWP won't pay you and it is also adding to your anxiety. Might be worth telling your MP about this too, as the DWP are asking for reasons far more often - which adds to the delays.

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

  • dodo76dodo76 Posts: 46Member Talkative
    Clark 3o 
    I know your getting fed up by all the delays but just keep at them and complaine to Hmct see if that shakes them up a little 
    We are still playingvthe waiting game ourselfs only with us it on the upper tirb judge to look at our case coming up to 18 months sonce we started the whole appeal leant to just roll with things after it started to effect our health but find the whole thing stressfull for the dwp just seem to ho out of there way to block you at every turn and keep moving the goal post 
    I have noticed of the past we that they have been talking about the rose in fraud there is in claimsin the press seems they are trying to take the heat of there short comings with both ESA n PIP claims that are appealing 
  • clark30clark30 Posts: 25Member Whisperer
    Wrote a complaint to Hmrc let’s see what happens now
  • clark30clark30 Posts: 25Member Whisperer
    Wrote a complaint to hmrc still getting told my statement of reasons is with the judge the courts clerk has emailed the judge 6 times for the statement of reasons  it’s been 13 weeks this is really bad 
  • MatildaMatilda Posts: 2,454Member Brian Blessed
    It's no excuse but I think that the tribunals service are now inundated with requests from DWP for statements of reasons.
  • dodo76dodo76 Posts: 46Member Talkative
    I think the wait is due to the tribunal service been pulled out with appeals  just keep at them clark 30 i know its stressful but we are the lucky one i have seen a few things in the press over the past couple of weeks were sadly many people have died before they gave got to the appeal which i find personal upsetting hang in there 
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    edited December 2017
    clark30,

    Might be worth talking to your MP about this. All the requests for statements of reasons are part of the DWP defending the many PIP appeals they are losing and trying to stretch out the time before they pay people. It's causing huge stress and financial difficulty and in your case, the problem is with the tribunal service as well as with DWP, even if it isn't the tribunal service's fault.

    As well as trying to speed up your own case, your MP might be interested in trying to investigate and improve DWP policy so they don't ask for reasons in so many cases!

    Will


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

  • clark30clark30 Posts: 25Member Whisperer
    My mp can’t help due to legal reasons was told really stressing out now don’t know what to do next  it’s been nearly 14 weeks nuffin has changed
  • BenefitsTrainingCoBenefitsTrainingCo Posts: 2,410Member, Community advisor Chatterbox
    Hello clark30

    I am sorry to hear that your MP cannot assist. It is unclear why the MP cannot help.  Do you think the MP misunderstood that you wanted help to complain about how long you have been waiting for the full reasons for the tribunal decision rather than help with challenging a Tribunal decision? 

    Please post again one you receive  a response to your complaint.

    Maria

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

  • clark30clark30 Posts: 25Member Whisperer
    Have heard from my complaint and was told again it has been sent to the judge then phoned CAB as was told if nothing gets resolved my jan 11 next year then contact them again  I am just going around in circles
  • dodo76dodo76 Posts: 46Member Talkative
    Hi all
    Just a quick update 
    Nothing as changed still waiting for the judge to look at paperwork and makes his call coming up to 7 months now will be a year end of April since we won in court 
    Phone to see if they could give us any time scales but to no joy so back to the waiting game 
    Clake 30 how you getting on any bettter than me i hope so 
    Hang in everyone 
    Xx 

  • sandyp196sandyp196 Posts: 132Member Chatterbox
    Don't give up now. The alternative is worse. You are nearly there. Deep breath and hold tight for just a bit longer.   
  • clark30clark30 Posts: 25Member Whisperer
    I know what u r going through I won aswell and then got by back dated money in January this year hang in there I then got a solicitor involved which helped me get it quick 
  • dodo76dodo76 Posts: 46Member Talkative
    Clake 30 
    So please your all sorted  :D your news brungs a smile to my face 
    We have not given up hope and dont think of it on a daily as it would drive us nuts time to moves very very slowly with the DWP  from filling out the PIP to now its taken just under 2 yrs and still no closer to getting a result as soon as i have any news i will update you all thank you for all ur surport 
    Xx
  • JurphJurph Posts: 109Member Chatterbox
    I've just read your plight for the first time. I'm absolutely gobsmacked.

    What tribunal court is this? There must be something someone can do. Perhaps another complaint?

    Or even send a letter to someone higher up? I'm not sure who but attorney general maybe? Or the justice secretary?
    Long time Fibromyalgia sufferer. Recently diagnosed.

    An invisible disability is still a disability.
  • dodo76dodo76 Posts: 46Member Talkative
    Jurph 
    Thank you for your suport  still not heard from the courts and personal cant see it getting sorted any time soon 
    We did phone the courts only to be told its with the judge , its seems they are waiting on the out come of another case how like ours before they sort ours out end of this month and its a year since we won at court  
    I have also had my request for PIP too so it looks like i could be facing the same fate both of us were awarded DLA for life  sadly its a battle up hill 
    Will keep all update as to how things are going 
    Hang in to all who are facing the same battles x
  • dodo76dodo76 Posts: 46Member Talkative
    Hi all 
    Just a little update 
    This friday it will be a full year since we won at court and sadly i have still no news to tell you other than we are still waiting on the judge its now 20 months since we lost the benifit and started the battle but to add to the stress i now myself have to face the Pip battle of my own
  • susan48susan48 Posts: 2,041Member Brian Blessed
    @dodo76 that’s shocking the time you’v been waiting , why is it taking so long if you won the appeal.
    Tried reading the thread back but can’t take it in.
    I hope your ok
  • dodo76dodo76 Posts: 46Member Talkative
    Hi Susan48 
    We lost pip in august 2016 had to wait 8 months for court like i said won that end of April 2017  2 weeks later we got a letter saying the were asking for statement of reason they then kept us waiting to the time limit then wrote telling us that they could go to upper level on grounds of treatment could not remove the pip its purely down to the rate at which its paid now its been with the judge for 7 months now and we are still waiting at this rate i will be reapplingvfor it again as we were only awarded it for 3 years 20 months down line and still no payments or answers by any one and sadly i look like i myself could be facing the same battle as i have been sent the pip from to see if i fit the bill more stress and worry but i wont give up with out a good battle xx
  • dodo76dodo76 Posts: 46Member Talkative
    Hi all 
    Well we have been to see if our MP can shake things with the Dwp n courts as its now a year since we won the first level at the appeal  it turns out our case as been woth the upper level tribe since end of August last year and their as been a court ruling that would help us  too 
    Just waiting to see if this helps us or just adds to the stress and hardship  once i know something i will post and share the news good or bad  thanks for all your help advice n support 
  • susan48susan48 Posts: 2,041Member Brian Blessed
    @dodo76
    I hope your MP helps this matter to be resolved ASAP.
    Its awful it’s taken so long.

    Please let me know how it goes.

    Fongers crossed its soon
  • dodo76dodo76 Posts: 46Member Talkative
    Susan4
    I personally dont think we are going to get anywear with the MP think it will be you just have to wait will be the answer 
    as soon as i have any news i will post 
    Thanks to all for your support 
  • bonbonsbonbons Posts: 1Member Listener
    Thank you for this feed, my mum has just won her first level appeal, now has been advised Pip are appealing this. Looks like a we have a fight ahead of us! 😳
  • MatildaMatilda Posts: 2,454Member Brian Blessed
    Are they actually appealing or have they just asked for a statement of reasons?
  • dodo76dodo76 Posts: 46Member Talkative
    Hi Matilda
    The dwp are appealing a few point that have been awarded its been 21 months from the start just over 12 months since we won the first level appeal and still no settlement stressfull is not a word i would use but we will keep going until we win amd hopefully by telling pur story we will give other the will to keep going and winning the dwp are treating so so many unfairly
    Bonbon i truely up you dont have to go through the same battle as we are having please keep us posted on your progress 
    I will post any news once i have some xx
  • MatildaMatilda Posts: 2,454Member Brian Blessed
    Hope you get things resolved soon, @dodo76.
  • dodo76dodo76 Posts: 46Member Talkative
    Matilda so do we but i guses only time will tell 
  • dodo76dodo76 Posts: 46Member Talkative
    Hi every one  
    Its been 3 weeks since we had a letter from our MP  and as of now still no news to tell u all  its just waiting game 
    Will post soon as i have some news 
  • dodo76dodo76 Posts: 46Member Talkative
    Hi everyone 
    I finally have some thing to tell u all but first of all i would like to say thank you to all of you who have given advice m support over the past year 
    I am  hoping that the news i am going to share will offer hope to those of you are still doing battle with the DWP n the goverment please dont give up hope and keep your battles going 
    Now for my news 
    As many of you are awear myself n  partner have had one great battle with the DWP for almost 2 years 22 months since August 2016 we have had some much stress  worry mind games thanks to the Dwp , we have finally come to the end of the battle 
    On the 17th of May 2018  the Dwp imformed the court that they were  withdrawing their right to appeal at the upper level on all grounds and tte stay they had in place regaurds the stopped payments would be removed  it as taken up till now for the courts to tell us 
    I cant express myself at how i truely feel i have mixed  feeling but i am so glad to say that if we have to do it again i would yes there were times when we were ready to say sod ut and walk away from it but just could not and would say to each one of you please keep frighting there are so many floors with PIP  and aa our case as shown the fact that the Dwp have not followed their own guild lines 
    We are waiti now for the letter from the Dwp to say jyst how much they owe us and when payments will restart  
    If we can hang in for almost 2 yrs then there is hope for all having issues with Dwp  all will come good in the end  just looknat our case guys 
    Just because my worries are over now does not mean i wont be around on here to give you advice and any pointers i can to help once again thank you to all for advice and spoort during our stressfull times 
    Xx
  • YadnadYadnad Posts: 1,689Member Chatterbox
    Good news then.

    How long is the award for?

  • MatildaMatilda Posts: 2,454Member Brian Blessed
    Congrats, @dodo76 :).  As you say, it's well worth going the distance.
  • dodo76dodo76 Posts: 46Member Talkative
    Yadnad 
    We were given it for 3 yrs from 2016 -2019 so we have just over a year around 14 months left 

    Matila 
    Thank you and yes i agree it as really tested us but it as been a battle  we would do again to help give others strength to carry on there own battles with the dwp 
    Omce again thank you xxx
  • YadnadYadnad Posts: 1,689Member Chatterbox
    edited June 9
    If your award  was for 3 years like mine were, they will re-assess you 1 year before the 3 years are up. A 3 year award is actually only 2 years. I would imagine that you will be receiving a re-claim form by August this year.

    I started claiming PIP in 2013 and by this year I have had 3 face to face assessments. I gave up with them and their system.
  • Jaytbm1Jaytbm1 Posts: 58Member Talkative
    dodo76, Clark30 And bonbons. I am shocked by the decisions that the DWP have made by trying to say the Judge at the tribunal was wrong . I was not aware that they could do this . How appalling that you have had to endure lengthy waits and more stress . I am so glad that you both have won and hope that bonbon has the same outcome. I have asked for an appeal but am seriously considering withdrawing my appeal. I have been awarded the day to day PIP , I know of people who have lost everything. If they write to you again so quickly then my appeal and new assessment could come at the same time . I agree that the DWP seem to make things so difficult and stressful causing many to not bother. Something has to change, the treatment of disabled people in this country is becoming worse and worse. Take care all of you xxcx
  • dodo76dodo76 Posts: 46Member Talkative
    Hi guys 
    Update for u all 
    Just found out that the dwp may still go ahead with the appeal they have until 6th of july to withdraw their appeal  yes you have read that right 
    I am past mad i tell it seems our battle as only just started again more mind games by the dwp 
    So we have said thats it 
  • dodo76dodo76 Posts: 46Member Talkative
    Its over for us no more our health as to come first after 23 months we are walking away from it 
    Its making me ill 

  • susan48susan48 Posts: 2,041Member Brian Blessed
    They may not appeal though, a few more weeks till there deadline of appealing the decision.

    i totally understand why you want to walk away and the health impact, I’m just starting to get over my tribunal.

    hopefully in a few weeks youl have the decision and you can start to relax
  • dodo76dodo76 Posts: 46Member Talkative
    Hi Susan 48 
    We wont be waiting for the 6 th if july its over i we are done the latest news as done it we cant handle any more stress i need to forus in sorting out the bills clear them 
    I am so so mad its so unfair with dwp they play mind games 
    There seems very little point in the letter been sent saying the dwp are with drawing if the have not actually done anything  to withdraw their right to appeal 

  • Jaytbm1Jaytbm1 Posts: 58Member Talkative
    I understand that you are angry, I am angry that people who are ill are put through this horrendous ordeal . So hope they don’t decide to carry on with their appeal and they you finally get some peace . I just can’t believe that they are getting away with treating ill and disabled people this way . 
  • dodo76dodo76 Posts: 46Member Talkative
    Hi all 
    Right this is were we are at just now 
    Sec of state pulled appeal on tge 21 st of june 
    Phoned PIP to find out when Pip would be restated and when back money would be paid this week two after appeal was closed you all best be ready for this nice little shock we were told  they have no paper work from courts and that we may have to start a fresh claim yes you have read it right 
    Our award was for 3 years we still have 13 months of award 
    They look like they are going to do anything they can so they dont have ro pay back money owed for 2 years 
    I cant fully express just how we feel but i will stay i throught our nightmare was over after 2 years of been dragged to a fair few levels of appeal the stress as been great and just when we think it over bang something else is thrown up but the dwp all along they made a error and you finally get them to admit it but they then move the goal post again to suit them 😣
  • mikehughescqmikehughescq Posts: 2,453Member Brian Blessed
    The problem is that you’re trying to resolve this on the phone with staff who most likely don’t work for DWP or who are picking up calls from another part of the UK when lines are busy. If the SoS pulled the appeal in June then there’s a whole process to go through before payment is made. That would start with checks like presence in the country; hospital stays etc. Anything which might reduce or end entitlement in the period covered. It’s sensible and it takes time. 

    It may well also be the case that a review is imminent as @yadnad alluded to earlier. They should not delay payment because of that but they are dumb enough to try so...

    1) Stop ringing them. The telephony service is not fit for purpose and you have no audit trail of who said or did what and when.

    2) Be patient and, if you write to anyone, start with an email to [email protected] Gives you a copy in your Sent Items folder and guarantees your query will be correctly directed to someone who can answer exactly where it’s up to. Do not forget to include the appeal reference and your NINO plus details of the benefit and a quick chronology of key events. 
  • poppy123456poppy123456 Posts: 2,942Member, Community champion Brian Blessed
    You won't be entitled to any DLA because it no longer exists, PIP has replaced this. As you won your Tribunal then PIP will replace the DLA.

    DWP have as much right to appeal a decision as we do but they can't just appeal if "if they want to" They must first find an error in law in making the decision. It's rare they do this.

    Backpay can take 6 weeks or more, so there's still time yet. I'm sure you'll hear something soon.
  • BPM93BPM93 Posts: 4Member Listener
    Does anyone know how long it takes the judge to send statements of reasons after the DWP have requested it
  • mikehughescqmikehughescq Posts: 2,453Member Brian Blessed
    You send your request to HMCTS. They send it to the judge and circulate it when received. There’s an expectation of 15 working days but no realistic possibility of that as it depends on how often the judge is sitting; whether they are salaried or fee paid and how many other statements they’ve been asked for. I’d think about chasing it if it goes over 2 months.
  • MatildaMatilda Posts: 2,454Member Brian Blessed
    The time it takes for judge to send SOR can vary; there's no statutory time limit.  You might have to chase them.
  • YadnadYadnad Posts: 1,689Member Chatterbox
    Matilda said:
    The time it takes for judge to send SOR can vary; there's no statutory time limit.  You might have to chase them.
    It's the DWP that have requested the reports not the claimant.
    The claimant can only hope that when the DWP get the documents they accept the verdict and don't go on to challenge it. It could well be another couple of months before anything is sorted out that is if the DWP don't challenge it.

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