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Won my appeal but still waiting for 8 months

essie28essie28 Posts: 1Member Listener
edited September 14 in Ask a benefits advisor
Just read Rosies post 're appeal and DWP I won my appeal 30/01/2017 still not heard anything I keep calling the tribunal and PIP to see what's happening dwp say they are waiting for an extra statement of reason from the Judge and that is why no extra money has been paid, personally I think dwp do this as a matter of course in hope that you will give up the fight I've waited 8 months and believe me when I say NO WAY will I give in.Rosie keep the faith

Replies

  • CockneyRebelCockneyRebel Posts: 647Member, Community champion Chatterbox
    Have you telephone the tribunal clerk ?

    CR
    Be all you can be, make  every day count. Namaste
  • wildlifewildlife Posts: 777Member Chatterbox
    @essie28 This is ridiculous. Not to mention illegal on the part of DWP. As CR advises you need a proper answer from the Tribunal admin as to what is going on. Then back to DWP to get some action. I would also contact your MP to ask for representation..
  • Sam_ScopeSam_Scope Posts: 2,994Administrator admin
    @Debbie_Scope this seems like a very long time? Any thoughts?
  • Debbie_ScopeDebbie_Scope Posts: 823Member, Helpline, Community advisor Chatterbox
    Hi @essie28,

    This seems an incredibly long time to be waiting after an appeal. I'm not quite sure what an 'extra statement of reasons' is, surely one would be enough?

    Once you've won your appeal, the DWP should carry out the first-tier tribunal's decision straight away. However it sounds as though the DWP doesn't agree with the decision and is therefore considering an appeal to the Upper Tribunal. Unfortunately nothing is paid until resolved but you can ask to be paid if you're in financial hardship. From what I've read it's quite rare but it's an option.

    This part of the appeals process can be quite lengthy. The question here is who is slowing things down, the tribunal or the DWP? There are also timescales to be kept to if they intend to appeal to the Upper Tribunal.

    I think you need someone legally qualified to look into this for you and if you can't find legal advice then I would also suggest speaking to your local MP and seeing if they can intervene.

    I would like to learn more about your case because this is the longest wait I've heard of so far. If you would be happy to discuss this with me over the phone please send me an email to helpline@scope.org.uk and I will arrange to contact you by phone. I don't want to give any definitive answers without knowing more first.

    Best wishes
    Debbie

  • BenefitsTrainingCoBenefitsTrainingCo Posts: 1,241Member, Community advisor Chatterbox
    Hi essie28,

    You certainly need to chase this up. The DWP only have one month from the date the statement of reasons are issued to submit a request to appeal to the Upper Tribunal if they think the tribunal's decision was erroneous. If it's the statement of reasons that is still outstanding, you really should phone the Tribunals service and ask what is going on. Although the tribunal judges do not necessarily have a deadline to adhere to, eight months is ridiculous. Either way, you're the one that is suffering by still not receiving the extra money and it is unacceptable. Good luck!

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

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