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PIP lying about not receiving Tribunal Result?

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3 years 11 months ago #259871 by trip77
I wrote on here about a month ago stating that I had won my tribunal hearing on the 22nd April and was awarded Standard Daily Living to be backdated to July 1st 2020.

Thanks again for all the help and info I got from here, but I want to get some advice on whether I have handled this right or not.

Here goes.

I rang the DWP PIP department on the day I received my letter saying what my award was and to ask if they had received the communication themselves to which they replied they hadn't.

They told me to contact the tribunal services to make sure they had definitely sent it to them, (which the tribunal services said they had done), and to give it until the weekend had passed and ring back the following week on the Friday and see if it had arrived by then and if it hadn't they would also let me know. I also, while on the phone completed the bank checks etc they do to help speed up my payment in the event the letter arrived that week.

I rang up on the Friday to be confronted by an obnoxious bloke that said "if it's been sent to them then they will deal with my claim as soon as it arrives and that I was being impatient ringing up because there was no need for me to", to which I explained that the agent the week before had asked me to check that it had arrived by the Friday and that that was the reason for my call. He got very annoyed by this saying that I hadn't needed to ring up and check etc.

Anyways, he told me to leave it as it would get sorted and not to ring up again to"check" and give it a few more weeks to get sorted. I did.

I rang up yesterday to be told that they still hadn't received the result of my tribunal and that the department that deals with the appeals hadn't received anything at all. I asked why I hadn't been contacted by them to let me me know if it had arrived and the lady on the phone explained that they don't do that, so I asked why the other lady the few weeks before said they would and she had no reply except I don't know. She also contacted the appeals department and they told her to inform me that they would reapply for a copy and give them another couple of weeks before I rang in to check.

Now, while all this was going on, I decided I would contact the tribunal services myself by email and get them to forward another email to the DWP, to which they replied later that day that they had done so and also confirmed that they had indeed forwarded an email to the relevant department on the 22ND APRIL, the same day of my tribunal hearing.

I also put in a complaint to the Independant complaint services about my treatment by the bloke and to ask them to find out why the DWP had said they hadn't received anything when they clearly had, and also to tell them that all of this was causing me stress and anxiety.

So my question is, do you think the DWP are lying to me for some unknown reason and did I do the right thing complaining to the ICE?

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3 years 11 months ago #259882 by LL26
Hi Tr1p77,
Firstly I certainly think that there was no need for the chap you spoke to be so rude and that merits a complaint.
As for the notification of your tribunal decision, as far as I'm aware these should be automatically sent once the decision notice has been typed. The decision notices have a set format with certain stock phrases. As soon as it is done, it gets printed for the claimant, and auto sent to DWP.
As for results,like a claimant, DWP have a right to appeal, so sometimes there us a wait whilst presumably DWP consider whether or not to appeal. There is a four week time period to put in an appeal should they wish. Since your appeal was only on 22nd April it has only just been a month, so perhaps this wouldn't be processed by now. Perhaps wait another week to be absolutely sure. Then I suggest you write a letter of complaint use bullet points and mention the obnoxious adviser. You should complain that you have not received the PIP payment, and if the payment dies not get made within 14 days of the date of your letter you ill be seeking the advice of a solicitor with a view to instigating proceedings for judicial review.
It is most unlikely that you will need to refer to a solicitor, but that would be the next steps to take anyway. Make sure you clearly head your letter as "complaint". Normally complaints letters get directed to a special department not decision makers so will hopefully get looked at properly.
I hope this helps. Good luck.
LL26

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: denby, Applesoranges143, trip77

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3 years 11 months ago #259893 by trip77
I will update you later this week when I contact them again. Thank you for your help.

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