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TOPIC: DWP are ignoring tribunal result

DWP are ignoring tribunal result 5 months 3 weeks ago #209625

My wife has just been to a tribunal last week and it ruled in her favour by awarding enhanced rate of daily living from 24.05.17 to 09.04.21. I applied in Jan 17 and the tribunal was heard 19 March 2018. However she got worse over last summer much of it due to the fact that her stress levels were higher due to the PIP process. So we filled in a new application which changed the award on 28th Feb 18 on motability to enhanced but only awarded the standard daily living. This was less than the tribunal for the daily living rate EVEN THOUGH WE USED THE SAME INFORMATION ON THE APPEAL FOR THE TRIBUNAL AND THE NEW PIP APPLICATION. DWP has said that the tribunal now does not count from the day you made the new application even though the circumstances for the daily living rate are identical on the information provided. So we are now doing a new mandatory consideration on the same infomation to get back the enhanced daily living rate. So as i do not expect the mandatory reconsideration to change the decision then we will be appealing again to another tribunal. However our appeal will include the last tribunal paper as the main evidence. Has anyone else come across this situation before as I do not think it is a good use of taxpayers money to go through another tribunal?

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DWP are ignoring tribunal result 5 months 3 weeks ago #209676

  • Gordon
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Christine

The Tribunal re-made the Decision that was appealed and their Decision applies from that date, not the date of the hearing. As you made a new claim this resulted in a new Decision that post dates the Tribunal one and therefore supersedes it.

I'm afraid you will need to challenge this Decision as you did the last one.

Gordon
The following user(s) said Thank You: Greg wright

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

DWP are ignoring tribunal result 5 months 2 weeks ago #209862

Hi Gordon, Thanks for your reply. I do understand that we will now have to go through the whole appeal process again. It does feel like the money spent on another appeal and tribunal is a complete waste of money exactly what these new benefits were designed to stop. Thanks Christine

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