× Members

DLA awarded at Appeal court but DWP not paying up

More
8 years 10 months ago #160873 by Connie
My daughter-in-law was finally awarded High Rate Care and Low Rate Mobility for her son at the
Appeal Court after a lengthy battle and using the B&W guides. First she was told that it was decided by the Decision Maker, that there was no case for them to appeal against the Lower Tribunal Decision as there was overwhelming evidence in favour of the claimant.and payment would be made in 7-10 days. This has NOT been forthcoming. Now she has been informed that it is being passed to a Case Manager, who is STIll a Decision Maker and this could take up to 6 weeks to pass who may decide to appeal to the Higher Tier ( despite the over whelming evidence and No Procedure of Law has been broken and THAT could take up to 18 weeks to go through. Her award was backdated as well so a large sum of money is involved here).
She may well have to take this further. This is a disgusting delay tactic by the DWP and is becoming the trend for many despite Victories by people. She is at her wits end on this, Can anyone advise on what to do next please? Without the award, she cannot access respite and other resources. Its a nightmare. Many Thanks.

Susan :(

Please Log in or Create an account to join the conversation.

More
8 years 10 months ago #160888 by Gordon
Connie

Whoever told you it would take only 7-10 days for payments to restart has misled you, Tribunal results usually take 5-8 weeks.

Her papers being passed to a Case Manager is standard and is not in itself anything to worry about.

I'm afraid the DWP have a further right of appeal, just as your daughter-in-law does, however, this can only be exercised if it can be shown that there has been an Error of Law , they cannot appeal just because they disagree with the Decision.

They have one month to decide whether to take the matter further, in the vast majority of cases they do not and the Decision is passed on to the Payments department. However, if they do decide to pursue it then they will request a Statement of Reasons from the Judge of the hearing, this can take several months to be produced.

If this happens then your DIL will be informed of this and will also receive a copy. Come back to the forum if this is the case and we can provide further information, but hopefully nothing further will happen and her result will be actioned by the DWP.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserChrisDavid