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dla appeal

Posted , 3 users are following.

davinia79
davinia79

hi all so as you all now I've been waiting to hear my appeal results since November last year still with no response. so I decided to email the tribunal to find further information with a reply to say hearing was on 7/2/17 and will receive decision via post this wk. why a month later after decision to post results?? does this mean it's good news or if that was the case would I of received a letter and payment from the dwp before now ?? anybody any ideas please??

0 likes, 11 replies

11 Replies

  • belgravia
    belgravia davinia79

    Posted

    Sadly Davina the time they take from the  tribunual decision to the implementing of a decision can take anything up to 12 weeks so my advice is just try to be patient as remember there is also the possiblity that the DWP might have issues with the tribunual decision but hopefully that will not be the case with you.
  • denise15811
    denise15811 davinia79

    Posted

    Hi,

    Sometimes a decision can't be made on the hearing date which was the case for you. Once a decision has been made they'll write to you. It's doesn't mean it's good or bad news, it could mean anything. Once they've made a decision they'll contact you and DWP then DWP have the same amount of time to challenge the decision as you do. If it is in your favour and DWP don't agree they'd have to first ask for a statement of reasons then the only way they could take it to Upper Tribunal is if an error of law was made, this also goes for everyone. If it's good news then payment could beek weeks or even months. Good luck and please do let us know the outcome.

    • davinia79
      davinia79 denise15811

      Posted

      hi denise well got the dreadful brown envelope today failed appeal on. other disability and care component said my daughter does not meet either criteria although she suffers with complex post traumatic stress disorder but clearly mental health illness are not enough to qualify even when it's a child so disappointed and frustrated but not giving up just yet going to claim again and again with even more evidence.

    • belgravia
      belgravia davinia79

      Posted

      So sorry to hear this Davinia as my thoughts are with you as you go through the process yet again.
    • denise15811
      denise15811 davinia79

      Posted

      I'm sorry to hear this. Yes your only option now is to apply again because you can only appeal to upper Tribunal if an error of law has been made. May i ask if you went to the Tribunal? More people win if they actually go rather than ask for a paper based decision.

      Applying again may not go in your daughters favour just yet though. I've heard many stories where people have failed at Tribunal, applied again and didn't even get as far as a face to face assessment. This is because they'd only just had a failed Appeal Tribunal. Good luck though if you do reapply and don't forget to send in PLENTY of evidence to support the claim. Appointment letters aren't the greatest evidence. Dr's letters, Consultant reports, report from Social Services, even a diary written by yourself with a detailed day to day account.

    • davinia79
      davinia79 denise15811

      Posted

      hi denise and thankyou no unfortunately I did not attend the appeal as I'm not very good with confrontation but very good with wording and writing letters to exact detail however I did send in a support letter from social services who are working with my daughter and also her psychologist from camhs who she is currently receiving Emdr therapy with but yet we still fail to win it frustrates me so much that I don't believe they even bat an eyelid to the evidence in front of them they just choose their decisions randomly whenever they feel like it

    • denise15811
      denise15811 davinia79

      Posted

      The only thing is with PIP is that if someone doesn't fit those descriptors then there's isn't much chance of an award. So many people with metal health conditions fail to get an award, so really in my opinion. My daughter suffers with a menal health condition (currently under camhs) i've been thinking of ringing to start off a claim for her but been putting it off for months. I may just ring one of the days but i know it's extremely stressful and my health only gets worse the more stress i'm under. I claim PIP myself but not for mental health. Had 2 assessments so i know exactly what to send and what to expect from start to finish. Can me health deal with all that, i'm not too sure which is why i haven't yet made that call. I wish you good luck if you do go through it all again. Never give up because mental health is a terrible thing! x

    • belgravia
      belgravia denise15811

      Posted

      Yes l quite agree with a lot of what you say Denise especially mental health which has been underfunded for decades and where quite a few in society are extremely very ignorant and prejudiced towards mental illness still and here we are in 2017 and sadly not much has improved sadly..
    • davinia79
      davinia79 denise15811

      Posted

      exactly I've been fighting for a diagnosis for my daughter from the age of 5 and now she's 14and her mental health had certainly deteriorated and now dealing with her self harming it's certainly taken a big strain on myself I too suffer with depression with what we have had to go to through for so many years I just wish these people could just step into my shoes for 24 hours then they would fully understand what I'm having to cope with x

    • belgravia
      belgravia davinia79

      Posted

      Indeed as the saying goes in that try to walk a mile in our shoes as that might think differently then.
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