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DWP still refusing to pay 3 months later despite my winning FTT appeal.
- Tess
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8 months 4 weeks ago #288325 by Tess
DWP still refusing to pay 3 months later despite my winning FTT appeal. was created by Tess
This is complicated and I can't find anything like it online, despite searching. These are bullet points, trying to simplify.
Back in Oct 23 I won my PIP appeal and the FTT awarded me the enhanced rates of both mobility and living components.
DWP told me they had requested a SoR and might appeal.
I wrote to HMCTS and asked if the DWP have an SoR might I have a copy too.
Nothing happened until Feb 24, the FTT judge wrote to me (A Directions Notice) saying that do I really want a SoR as the DWP have not asked for one and their deadline to apply for one has passed. They indirectly advised it wasn't in my interests for a SoR be issued, because that would enable DWP to try to appeal, so I said no, I don't want one if the DWP haven't asked for one.
Phoned the DWP and HMCTS on the same day. DWP are insisting they have asked for a SoR. HMCTS are insisting they haven't.
DWP say nothing more will be paid until they have a SoR, which they can't get as HMCTS say they haven't applied for one and the deadline has passed.
DWP say they have escalated the matter - but it's just so frustrating and the stress is eating me alive. I suffer awful anxiety so this is just an ongoing waking nightmare.
I had no idea something like this could happen. I don't think I'm ever going to get this increase in my PIP. It's making me so ill, I'm seriously considering giving up. The DWP said I should hear in a few days, but a week has passed and I'm losing hope. Of course I'll have to phone again, my carer sits with me and speaks for me, but can anyone shed some light on the workings of DWP and HMCTS - do they actually communicate?
Back in Oct 23 I won my PIP appeal and the FTT awarded me the enhanced rates of both mobility and living components.
DWP told me they had requested a SoR and might appeal.
I wrote to HMCTS and asked if the DWP have an SoR might I have a copy too.
Nothing happened until Feb 24, the FTT judge wrote to me (A Directions Notice) saying that do I really want a SoR as the DWP have not asked for one and their deadline to apply for one has passed. They indirectly advised it wasn't in my interests for a SoR be issued, because that would enable DWP to try to appeal, so I said no, I don't want one if the DWP haven't asked for one.
Phoned the DWP and HMCTS on the same day. DWP are insisting they have asked for a SoR. HMCTS are insisting they haven't.
DWP say nothing more will be paid until they have a SoR, which they can't get as HMCTS say they haven't applied for one and the deadline has passed.
DWP say they have escalated the matter - but it's just so frustrating and the stress is eating me alive. I suffer awful anxiety so this is just an ongoing waking nightmare.
I had no idea something like this could happen. I don't think I'm ever going to get this increase in my PIP. It's making me so ill, I'm seriously considering giving up. The DWP said I should hear in a few days, but a week has passed and I'm losing hope. Of course I'll have to phone again, my carer sits with me and speaks for me, but can anyone shed some light on the workings of DWP and HMCTS - do they actually communicate?
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- Gordon
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8 months 4 weeks ago #288343 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP still refusing to pay 3 months later despite my winning FTT appeal.
T
I don't really see any way forward with this until the Tribal Service rules on the DWP's request for a SoR. However, you could write to the TS explaining that the delay is placing an unreasonable financial burden on you and ask them to expedite their decision.
Unfortunately, if the DWP's request is upheld then payment of your Tribunal Decision will be further delayed, likely for some considerable time.
Gordon
I don't really see any way forward with this until the Tribal Service rules on the DWP's request for a SoR. However, you could write to the TS explaining that the delay is placing an unreasonable financial burden on you and ask them to expedite their decision.
Unfortunately, if the DWP's request is upheld then payment of your Tribunal Decision will be further delayed, likely for some considerable time.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Tess
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8 months 4 weeks ago #288361 by Tess
Replied by Tess on topic DWP still refusing to pay 3 months later despite my winning FTT appeal.
Hi Gordon, thanks for the reply.
I could cope with the payment being delayed if the TS rules that the DWP can have the SoR. My biggest fear is that nothing will happen due to bureaucracy and I'll never get my awarded benefit.
Can you just tell me two things - will the TS definitely be considering the DWP stance and eventually make a ruling on it? Will the DWP have to comply if TS say they can't have a SoR?
Tess
I could cope with the payment being delayed if the TS rules that the DWP can have the SoR. My biggest fear is that nothing will happen due to bureaucracy and I'll never get my awarded benefit.
Can you just tell me two things - will the TS definitely be considering the DWP stance and eventually make a ruling on it? Will the DWP have to comply if TS say they can't have a SoR?
Tess
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- Gordon
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8 months 4 weeks ago #288371 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic DWP still refusing to pay 3 months later despite my winning FTT appeal.
T
Yes to both. The DWP will have to take their request to a higher authority to get it accepted as a Late request, if this is turned down then there are still avenues open to them but I would not expect them to follow any of them for a single claim.
Unfortunately, the DWP are in control as the Tribunal has no authority to force payment. If the matter does not progress once a Decision on the SoR is made then your next stop should be your MP but allow the DWP time to pay, it usually takes at least five weeks for payment to be arranged and authorised.
Gordon
Yes to both. The DWP will have to take their request to a higher authority to get it accepted as a Late request, if this is turned down then there are still avenues open to them but I would not expect them to follow any of them for a single claim.
Unfortunately, the DWP are in control as the Tribunal has no authority to force payment. If the matter does not progress once a Decision on the SoR is made then your next stop should be your MP but allow the DWP time to pay, it usually takes at least five weeks for payment to be arranged and authorised.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Tess
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8 months 4 weeks ago #288375 by Tess
Replied by Tess on topic DWP still refusing to pay 3 months later despite my winning FTT appeal.
I have written to HMCTS as you suggested, and understand what you've said.
Thank you so much for taking the time to reply.
Thank you so much for taking the time to reply.
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