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TOPIC: DWP has applied to HMCTS for a correction

DWP has applied to HMCTS for a correction 8 months 4 weeks ago #205084

Well Folks......

Just got a Letter this Morning from the DWP telling us they have applied to The HMCTS for a correction on our award at the Tribunal Hearing, in as much that the effective date that the Tribunal said in their notice is WRONG........and they cannot now pay us any benefit awarded by the First Tier Tribunal, until they get the corrected decision......Does this mean we have to get another Tribunal Hearing now, or is this just going to be a formality to get the date changed.....

So, what happens next here, and how long is this going to take again........

Must admit my Wife and I are absolutely devastated to get this hammer blow today........

Any advice on would be appreciated......

Thank You.......

Mr Roy...

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DWP has applied to HMCTS for a correction 8 months 4 weeks ago #205107

Mr Roy

It's an administrative issue so it should only take a couple of weeks to resolve, if longer then chase the TS for an update.

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

DWP has applied to HMCTS for a correction 8 months 3 weeks ago #205116

Thanks Gordon.......

I do hope you are right there. The odd thing is, the DWP want to backdate the P.I.P. award to the original date we applied for it, which was in April 2017, which in effect if the award is backdated, would give us an extra 3 Months of the enhanced rate on both parts of the award....Which I find VERY strange indeed.......Is this normal........

BTW...What does " migrating " from DLA to P.I.P. really mean......

Thank You......

Mr Roy.....

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DWP has applied to HMCTS for a correction 8 months 3 weeks ago #205121

Mr Roy

If this was a new claim for PIP with no DLA in payment then the Tribunal Decision should apply from the date that your claim was made.

If there was a DLA in place then it should be the day after your DLA stopped.

To be honest using "migration" or "transfer" in regard to being moved from PIP from DLA is a misnomer as in reality it is start from scratch with the PIP claim.

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

DWP has applied to HMCTS for a correction 8 months 3 weeks ago #205128

Thanks Gordon.......

TBH...we were a little bit concerned that my Wife's claim was a " migration " from DLA to P.I.P. last March / April ( 2017 ) and that no back payment would be recieved after her recent Tribunal award, but after reading your above comment, I'm pretty sure it is / was a new claim, after her DLA stopped , and her P.I.P. standard rate Mobility award started the next Month........

Mr Roy......

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DWP has applied to HMCTS for a correction 8 months 3 weeks ago #205161

Gordon wrote: Mr Roy

It's an administrative issue so it should only take a couple of weeks to resolve, if longer then chase the TS for an update.

Gordon


Out of curiosity Gordon, who actually amends/ corrects the dates on the paperwork, is it the original Judge, a different Judge, the Tribunal Service, or the people who sat at the paper hearing we had over a week ago now, and can the outcome of the original decision be changed. Be very interesting to know the answers to those questions TBH........

Thank You......

Mr Roy...

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