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PIP still waiting for DWP post appeal decision
- katem53
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7 years 1 month ago #183937 by katem53
PIP still waiting for DWP post appeal decision was created by katem53
Hello
I wonder if anyone is suffering the same problem as my husband, and me. He has Parkinson's and was awarded standard PIP for living and mobility about 2 years ago. Last July we were invited for assessment as part of his review.
A few weeks later, We were horrified to be told that he did not qualify for standard rate PIP any more, in spite of deterioration of his condition! We asked for mandatory reconsideration, this was also unsuccessful. We then went to appeal. The appeal was finally scheduled for 10th February. On that morning we received a phone call to say that we did not need to attend the tribunal as the judge had ruled, after reading our submission and evidence!! Great celebration!! The judge had ruled that my husband should receive HIGHER rate PIP for both living and mobility, back dated to last August. We felt utterly vindicated.
Since then we have been waiting for the brown envelope.I have phoned 3 times in the 3 weeks since the decision.I have met rudeness and total disinterest from the people I spoke to who told me that the DWP has 28 days to appeal against the ruling. I am terrified that this is going to happen. We have been surviving the last 7 months with extreme difficulty. I lost carers allowance too.
Does anyone have any words of wisdom? Is it sinister that this is taking so long or is that the norm? I know they MUST tell us by the end of 28 days, but this all seems terribly cruel. Thanks if you have bothered to read to the end of this. It has been cathartic to get it out of my system
I wonder if anyone is suffering the same problem as my husband, and me. He has Parkinson's and was awarded standard PIP for living and mobility about 2 years ago. Last July we were invited for assessment as part of his review.
A few weeks later, We were horrified to be told that he did not qualify for standard rate PIP any more, in spite of deterioration of his condition! We asked for mandatory reconsideration, this was also unsuccessful. We then went to appeal. The appeal was finally scheduled for 10th February. On that morning we received a phone call to say that we did not need to attend the tribunal as the judge had ruled, after reading our submission and evidence!! Great celebration!! The judge had ruled that my husband should receive HIGHER rate PIP for both living and mobility, back dated to last August. We felt utterly vindicated.
Since then we have been waiting for the brown envelope.I have phoned 3 times in the 3 weeks since the decision.I have met rudeness and total disinterest from the people I spoke to who told me that the DWP has 28 days to appeal against the ruling. I am terrified that this is going to happen. We have been surviving the last 7 months with extreme difficulty. I lost carers allowance too.
Does anyone have any words of wisdom? Is it sinister that this is taking so long or is that the norm? I know they MUST tell us by the end of 28 days, but this all seems terribly cruel. Thanks if you have bothered to read to the end of this. It has been cathartic to get it out of my system
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7 years 1 month ago #183958 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic PIP still waiting for DWP post appeal decision
Kate
We would normally expect the DWP to take 5-8 weeks to process a Tribunal Decision so you are still within this timescale.
The DWP do have one month from the date of the Tribunal to start a further appeal, if they were going to do this then I would have expected them to have done this already, although it could still be going through the "works".
The first stage to a UTT appeal is for the claimant or the DWP to request a copy of the Judge's Statement of Reasons, if one party requests this then the TS will notify the other. I assume you have not received such a notification.
Hopefully the DWP will keep to the short end of the timescale and you will hear next week about back payments etc. If you receive a letter asking about bank accounts and whether you have been out of the country, then this indicates that the DWP are about to pay out.
Gordon
We would normally expect the DWP to take 5-8 weeks to process a Tribunal Decision so you are still within this timescale.
The DWP do have one month from the date of the Tribunal to start a further appeal, if they were going to do this then I would have expected them to have done this already, although it could still be going through the "works".
The first stage to a UTT appeal is for the claimant or the DWP to request a copy of the Judge's Statement of Reasons, if one party requests this then the TS will notify the other. I assume you have not received such a notification.
Hopefully the DWP will keep to the short end of the timescale and you will hear next week about back payments etc. If you receive a letter asking about bank accounts and whether you have been out of the country, then this indicates that the DWP are about to pay out.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- katem53
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7 years 1 month ago #183999 by katem53
Replied by katem53 on topic PIP still waiting for DWP post appeal decision
Thanks so much for your very helpful answer. It has made us both feel more hopeful. We have had no correspondence at all from DWP or the TS. Hopefully that is a good thing! Perhaps I should stop sitting by the letterbox every day, waiting for the post!
Thank you so much
Kate
Thank you so much
Kate
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