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Successful tribunal then ignored

  • madeleineheap@yahoo.com
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6 years 8 months ago #192452 by madeleineheap@yahoo.com
Successful tribunal then ignored was created by madeleineheap@yahoo.com
Hi,

Short summary...
* In receipt of HR mobility of DLA lifetime award since 1996
* April 2016 asked to apply for PIP
* DLA stopped July 2016 as they said I didn't attend a medical assessment NONE RECEIVED!
* Mandatory Reconsideration requested - no call backs despite chasing
* Lost Motability car end of August.
* Citizens Advice helped to appeal with Tribunal Service.
* Tribunal held February 2017. DWP decision overturned.

Since the Tribunal. DWP have not communicated once.
I have phoned them countless times to be told decision hasn't arrived (despite Tribunal Service confirming that the decision was sent electronically the SAME DAY); or told, "Its not us, its ATOS who needs to contact you to arrange new assessment"; or told, it should have been passed to payment for the DLA payments that were stopped (told that twice, but nothing happened).

After getting nowhere on the phone, I subsequently I wrote to them (recorded delivery) to request details of the specific legislation that they are applying to say that I am not entitled to any back payments despite the Tribunal decision. Letter was received by them on 21st March. Still no response.

In May, I was told on yet another call I made chasing up the elusive assessment date and response to my letter that my file had been "stuck in the system - a computer fault!" A week later was told it was now sorted and things should start moving, but I shouldn't expect a reply to my letter until after a new assessment was done!

My assessment is on Monday. I received exactly 1 weeks notice.

My health has deteriorated quite a lot since this whole process began, and I am currently being monitored by my Health Authority's Crisis Team due to thoughts of self harm.

Please, any helpful observations, comments would be so gratefully received right now.

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6 years 8 months ago #192461 by Gordon
Replied by Gordon on topic Successful tribunal then ignored
Mads

Have you been back in touch with the CAB?

Here's what I think happened.

Your PIP claim and as a consequence your DLA claim were closed for failing to attend.

After the failed MR, your appeal resulted in the Decision to close your PIP claim being reversed

However, unless the Tribunal also ordered your DLA claim to be re-instated as well, it would not have been re-opened which is why you have received no back pay.

I would expect your PIP claim will have been restarted from day after your DLA was stopped so if you are awarded PIP it will be backdated to then.

If your health has deteriorated while all this was going on then you must make sure that the assessor and the DWP know this, as at moment all they have is your original PIP2. I would write a letter, using the same format as the PIP2 explaining how your are currently affected.

Take a copy with you to the assessment and ask the assessor to read it and include it in your file before they start the interview, also send a copy to the DWP office dealing with your claim, marked for the attention of the Decision Maker.

Sending Documents to the DWP

The PIP claim guide has a section that covers the assessment process and the questions that you are likely to be asked.

Gordon

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

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6 years 8 months ago #192478 by madeleineheap@yahoo.com
Replied by madeleineheap@yahoo.com on topic Successful tribunal then ignored
Thank you for your reply Gordon.

I am gutted to learn that I needed to the Tribunal to specifically state that my DLA was to be reinstated on their decision notice. I feel so deflated now.

The CAB are no longer involved as due to my relocation, and less efficient and knowledgeable advisors in my area, I'm now flying solo.

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6 years 8 months ago #192494 by madeleineheap@yahoo.com
Replied by madeleineheap@yahoo.com on topic Successful tribunal then ignored
Thank you for your reply Gordon, although I am gutted!

Had I still been in the area covered by my original CAB advisor, I'm guessing she would have picked up on that, but I'm flying solo with this as of October last year due to Less knowledgable and effective advisor/s where I now live :(

Just in the process now of putting together all updates for tomorrow. I feel sick.

Very grateful for your helpful advice.

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6 years 8 months ago #192515 by Gordon
Replied by Gordon on topic Successful tribunal then ignored
Mads

There is an on-going discussion with the DWP by Welfare Rights organisation about this situation, but at the moment the DWP are winning, it revolves around whether the Decision to close your claim was in error.

The DWP view was that at the time it was made it was not an error and therefore there is no requirement for them to reinstate the DLA, the Welfare view is that an appeal revises that original Decision and therefore the closure was in error.

Gordon

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6 years 7 months ago #194918 by madeleineheap@yahoo.com
Replied by madeleineheap@yahoo.com on topic Successful tribunal then ignored
I thought I would update you.

I eventually got my decision which, compared to many of the unfair decisions that are given, was a positive one.

As my long term health had deteriorated quite significantly since my original DLA award i which I had a lifetime higher rate mobility, I have now been awarded standard for care but standard for moving around. This has meant that due to the horrendous delays in reaching this point, DWP have made a back payment from the original date they stopped my transfer process (July 16 - July 17)

My questions is this, I have read the cautions of putting in a MR, but I feel they have miscalculated the points applying to me (think its down to the troublesome Planning a Journey section). If I request a MR specifically for this point only, is the entire decision in peril and potentially would that involve them reclaiming the back payment?

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