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Telephone Appeal
- wing
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3 years 5 months ago #264593 by wing
Replied by wing on topic Telephone Appeal
Just an update to say I have had my telephone hearing two weeks ago. It lasted almost 1 and a half hours. The Judge said the result would be sent to me in the post.
I got an email the next day from HMCTS stating that the decision has been posted to the addressI I provided and I should receive it by 1 October 2021.
It also stated they cannot give me the decision over the phone. This is to protect your personal information.
So far, I have received nothing in the post. Should I contact the HMCTS by email or phone?
I realise that if I want a written explanation and a audio recording of the hearing, I only have 4 weeks from the date of the hearing.
I hope somebody can give me some advice.
Many thanks.
I got an email the next day from HMCTS stating that the decision has been posted to the addressI I provided and I should receive it by 1 October 2021.
It also stated they cannot give me the decision over the phone. This is to protect your personal information.
So far, I have received nothing in the post. Should I contact the HMCTS by email or phone?
I realise that if I want a written explanation and a audio recording of the hearing, I only have 4 weeks from the date of the hearing.
I hope somebody can give me some advice.
Many thanks.
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- Gary
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3 years 5 months ago #264602 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Telephone Appeal
Hi wing
I would contact HMCTS by phone and explain that you have not yet received a decision letter.
if you are not happy with your reply, just to cover yourself I would also write to HMCTS for a copy of the statement of reason as you only have one month from the decision date to request a copy.
Gary
I would contact HMCTS by phone and explain that you have not yet received a decision letter.
if you are not happy with your reply, just to cover yourself I would also write to HMCTS for a copy of the statement of reason as you only have one month from the decision date to request a copy.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 4 months ago #264967 by wing
Replied by wing on topic Telephone Appeal
I rang the HMCTS as advised by Gary and told them I had not received the decision letter. They were surprised but said they could email it to me but could not tell me the decision over the phone.
I was surprised to find out that the appeal was allowed and I was awarded the daily living component at the standard rate. They stated it was inappropriate to fix a term. Does that mean it's ongoing?
I scored 10 points.
I did not qualify for the mobility component as I only scored 4 points.
I am pleased to get anything after the DWP only gave me 2 points for the whole thing.
I've contacted the DWP and they have received the result and will be giving me the back-dated
payments which will take about 3 weeks from when they received the decision.
So I got there in the end, it took almost 2 years from when I filled in the forms and about 18 months to appeal. Even though I didn't get what I had on DLA at least I got something and they didn't win so I'm happy with that.
I would like to thank everyone on the B&W forum for all the help and advice they gave. The guides were really useful to help filling in the numerous forms. I want to wish anyone going through what I've been through, the very best of luck and keep going with the help of B&W. Thanks again.
I was surprised to find out that the appeal was allowed and I was awarded the daily living component at the standard rate. They stated it was inappropriate to fix a term. Does that mean it's ongoing?
I scored 10 points.
I did not qualify for the mobility component as I only scored 4 points.
I am pleased to get anything after the DWP only gave me 2 points for the whole thing.
I've contacted the DWP and they have received the result and will be giving me the back-dated
payments which will take about 3 weeks from when they received the decision.
So I got there in the end, it took almost 2 years from when I filled in the forms and about 18 months to appeal. Even though I didn't get what I had on DLA at least I got something and they didn't win so I'm happy with that.
I would like to thank everyone on the B&W forum for all the help and advice they gave. The guides were really useful to help filling in the numerous forms. I want to wish anyone going through what I've been through, the very best of luck and keep going with the help of B&W. Thanks again.
The following user(s) said Thank You: denby, Waxwing, LL26
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- Gary
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3 years 4 months ago #264970 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Telephone Appeal
Hi Wing
Congratulations on your award, I have not heard 'inappropriate to fix a tern'. As they have not fixed a term that means you should get notified by DWP when they review your claim, unlike most Tribunal decisions which ends on a fixed date, quite often we hear on the forum when claims end without any notification, reason being it was a Tribunal decision.
Remember PIP descriptors are different than DLA, quite frequently DLA claimants applying for PIP will be awarded zero points.
Thank you for sharing your story including the ups and downs along the journey, it does help fellow forum members having a similar experience.
I am tagging my reply so that the back office also get to read your encouraging post.
Gary
Tags: @RESULT @PIP@APPEAL
Congratulations on your award, I have not heard 'inappropriate to fix a tern'. As they have not fixed a term that means you should get notified by DWP when they review your claim, unlike most Tribunal decisions which ends on a fixed date, quite often we hear on the forum when claims end without any notification, reason being it was a Tribunal decision.
Remember PIP descriptors are different than DLA, quite frequently DLA claimants applying for PIP will be awarded zero points.
Thank you for sharing your story including the ups and downs along the journey, it does help fellow forum members having a similar experience.
I am tagging my reply so that the back office also get to read your encouraging post.
Gary
Tags: @RESULT @PIP@APPEAL
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 4 months ago #265189 by wing
Replied by wing on topic Telephone Appeal
Thank you. Just to let you know, On Monday, I received all my back PIP from the day my DLA was stopped way back in February 2020. It took 3 weeks from when the DWP PIP department received the award letter from the Tribunal hearing.
Good luck to everybody who's going through this terrible ordeal, keep fighting and don't give up.
Good luck to everybody who's going through this terrible ordeal, keep fighting and don't give up.
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3 years 4 months ago #265193 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Telephone Appeal
Hi Wing,
I'm very pleased to hear that you have finally achieved a PIP award. Remember that if you have previously been eligible for any premiums, ( eg SDP severe disability premium- extra money usually on means tested ESA or Housing Benefit if you have at least standard daily living PIP, and meet certain criteria such as living alone and no one claims Carer's Allowance for you etc) if you are eligible the premiums should be backdated to coincide with the PIP start date. Alternatively, if someone has been caring for you they may be eligible to claim Carer's Allowance, back dated to PIP start too. I suggest you contact an advice centre such as CAB to check eligibility for any premiums. You may be eligible even if you didn't have them before.
I hope this helps.
LL26
I'm very pleased to hear that you have finally achieved a PIP award. Remember that if you have previously been eligible for any premiums, ( eg SDP severe disability premium- extra money usually on means tested ESA or Housing Benefit if you have at least standard daily living PIP, and meet certain criteria such as living alone and no one claims Carer's Allowance for you etc) if you are eligible the premiums should be backdated to coincide with the PIP start date. Alternatively, if someone has been caring for you they may be eligible to claim Carer's Allowance, back dated to PIP start too. I suggest you contact an advice centre such as CAB to check eligibility for any premiums. You may be eligible even if you didn't have them before.
I hope this helps.
LL26
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