PIP, DLA and AA
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

PIP tribunal and the DWP

Ange1209Ange1209 Member Posts: 7 Listener
Hi 
3 weeks back I had to go to a tribunal which was thankfully successful however I still haven't had/heard anything. When I rang they said something about their legal department 
Can anyone tell me what that think this means 

Replies

  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    The DWP have 28 days to appeal the decision and I gather that they tend to give themselves the maximum to decide.  However, I also understand that they can only appeal on a point of law, which is rare.  So, in practice, they don't take any action on paying the new amount or backdating until the 28 days are up.

    I won a tribunal appeal last week and don't expect to get the new rates or back pay for at least another five weeks, maybe longer.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering

    @Matilda is quite right. If the decision is with the legal department, then possibly they are considering appealing to the Upper Tribunal, which they could only do if the Tribunal's decision was an error in law (not simply because they disagree with it).

    Having said that, that may also have just been something the callcentre told you because they could see that the case was still with the appeals department, who have not sent it foe processing yet.

    No action will be taken by the DWP until they have received the Tribunals decision, waited for it to be scanned on, and then reached it in the pile of correspondence that the Appeals section currently has. It is not uncommon for this process to take several weeks. If they are not considering further appeal, they will (should) then send the case to the processing department.

    I think perhaps another call to find out exactly what's happening wouldn't harm. Perhaps taking Matilda's advice of giving it 28 days, so that if the callcentre suggest they're still deciding whether to appeal you can say they're out of time and ask for a callback from a manager.

    Good luck! Let us know how it goes, or if you have any further questions/issues.

    Mary


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Ange1209Ange1209 Member Posts: 7 Listener
    Thanks for the information. I originally spoke to a guy in the complaints department at PIP and he said there's no problems (3 weeks back) 
    So i rang the call centre today and they never mentioned anything in regards to the legal department. I have had nothing but trouble with this until now and I fear the worst ' upper tier tribunal' the judge at the tribunal gave reasons for the decision in the letter provided to myself and the DWP. I think the not knowing is getting me more anxious. .. fingers crossed it shouldn't be much longer....thanks again guys!
Sign in or join us to comment.